171 judgments found.

James K. Kahler v. State of Kansas

Country: United States
Year: 2020
Court: Supreme Court of the United States
Citation: 140 S.Ct. 1021 (2020)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

The appellant was charged with four counts of first-degree murder for when he drove to his ex-wife’s grandmother’s house and shot his ex-wife, her grandmother, and his two daughters to death. The murders followed the appellant going through a divorce with the now deceased ex-wife and suffering a job loss which left him distraught. There …Read more

Tags: Execution, Imprisonment, Incapacity, Incarceration, Insanity, Mental competence, Mental disability, Mental disorder, Mental illness, Psychiatry
Download Judgment: English

JH v. Alberta (Minister of Justice and Solicitor General)

Country: Canada
Year: 2020
Court: Court of Appeal of Alberta
Citation: 2020 ABCA 317
Health Topics: Health information, Informed consent, Mental health
Human Rights: Freedom of movement and residence, Right of access to information, Right to due process/fair trial, Right to liberty and security of person
Facts:

The respondent JH, a member of a First Nation in British Columbia, was admitted to the Foothills Medical Centre, run by the respondent, Alberta Health Services, on September 5, 2014 for the treatment of sepsis in his knee. Following surgery and a 20-day hospital stay, JH sought discharge. Instead, JH was admitted as a formal …Read more

Tags: Disclosure, Forced treatment, Health records, Incapacity, Incompetence, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory treatment, Medical records, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Non-disclosure, Notification, Patient choice, Psychiatry, Psychology, Threat of violence
Download Judgment: English

British Columbia Civil Liberties Association v Canada (Attorney General)

Country: Canada
Year: 2018
Court: Supreme Court of British Columbia
Citation: 2018 BCSC 62
Health Topics: Mental health, Prisons
Human Rights: Right to bodily integrity, Right to life
Facts:

The plaintiffs are two non-profit organizations, the British Columbia Civil Liberties Association and the John Howard Society of Canada. The plaintiffs challenged the constitutionality of sections 31-33 and 37 of the Corrections and Conditional Release Act (CCRA), which authorized administrative segregation of inmates in federal prisons. Section 31 provided that the purpose of administrative segregation …Read more

Tags: Abuse, Compulsory confinement, Cruel and unusual punishment, Cruel treatment, Custody, Depression, Imprisonment, Incarceration, Inmate, Involuntary confinement, Isolation, Jail, Mental disability, Mental disorder, Mental illness, Paranoia, Prison conditions, Psychiatry, Psychology, Psychosis, Seclusion, Solitary confinement, Suicide, Trauma
Download Judgment: English

Centre for Health, Human Rights and Development & Anr. v. Attorney General

Country: Uganda
Year: 2018
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 094 of 2015
Health Topics: Disabilities, Health care and health services, Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to health, Right to liberty and security of person, Right to privacy, Right to water and sanitation
Facts:

The plaintiff stated that the Butabika Hospital is the only public psychiatric hospital under the Ministry of Health in Uganda. Further it is the only mental referral hospital and cases referred to it by other health facilities are of acute conditions, which require a specialized and skilled management. A part of the procedure in the …Read more

Tags: Bipolar, Cleanliness, Compulsory confinement, Cruel treatment, Degrading treatment, Depression, Humiliating treatment, Involuntary confinement, Isolation, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Psychology, Psychosis, Trauma
Download Judgment: English

Mockute v. Lithuania

Country: Lithuania
Year: 2018
Court: The European Court of Human Rights
Citation: Application No. 66490/09
Health Topics: Health care and health services, Health information, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom of religion, Right to privacy
Facts:

The applicant suffered from an acute paranoid reaction disorder. She was taken to the Kaunas Psychiatric Hospital by her parents and at their request in 1992; she continued her treatment at another psychiatric hospital. The applicant had joined a religious sect before her first treatment, and her parents stated that she had become disoriented after …Read more

Tags: Clinics, Compulsory commitment, Compulsory testing, Depression, Disclosure, Examination, Forced treatment, Health facilities, Health records, Informed choice, Involuntary commitment, Involuntary treatment, Mandatory commitment, Mandatory treatment, Medical records, Mental illness, Mental institution, Non-disclosure, Paranoia, Patient choice, Private hospitals, Psychiatry, Psychology, Public hospitals, Secrecy, Trauma, Unauthorized treatment
Download Judgment: English

Case Of Fernandes De Oliveira v. Portugal

Country: Portugal
Year: 2017
Court: The European Court of Human Rights
Citation: [2017] ECHR 78103/14
Health Topics: Controlled substances, Health care and health services, Hospitals, Mental health
Human Rights: Right to life
Facts:

The applicant’s son, A.J., had a history of mental health disorders, and alcohol and substance addiction, and since 1984 had spent several periods in psychiatric hospitals. During the period in September 1999 in which A.J. was hospitalised, the doctor treating A.J. did not permit him to leave the hospital whilst he was being treated. However, …Read more

Tags: Alcohol, Clinics, Drug use, Health facilities, Mental disorder, Mental illness, Psychiatry, Substance abuse, Suicide, Trauma
Download Judgment: English

Nelson v. Livermore

Country: Canada
Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 712
Health Topics: Health care and health services, Informed consent, Mental health, Prisons, Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

Rodney Nelson sought judicial review of his involuntary admission to a psychiatric hospital under Ontario’s Mental Health Act (“MHA”) and an order for his immediate release due to rights infringements. Nelson had a lengthy history of crimes with many violent offences, including sexual offences against women and children. A psychiatrist completed an application for psychiatric …Read more

Tags: Assault, Compulsory confinement, Compulsory treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Examination, Forced treatment, Health regulation, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Involuntary confinement, Involuntary treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychosis, Rape
Download Judgment: English

Pellett (Re)

Country: Canada
Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 753
Health Topics: Controlled substances, Health care and health services, Informed consent, Medicines, Mental health
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The appellant was a 62 year old female diagnosed with schizophrenia. She had a long-standing history of hospitalization, treatment, release, de-compensation, relapse, and re-admission. When psychotic, the appellant had a history of troubling behaviour, including attempts to divert traffic, throwing objects out of a window, crashing her car and smashing other cars with brooms. The …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Community-based care, Compulsory treatment, Harm reduction, Informed choice, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Patient choice, Pharmaceuticals, Psychiatry, Psychosis, Psychotropic drugs, Schizophrenia
Download Judgment: English

Murray v. The Netherlands

Country: Netherlands
Year: 2016
Court: European Court of Human Rights
Citation: [2016] ECHR 10511/10
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person
Facts:

In 1980, the Applicant, Mr. James Clifton Murray, was found guilty of the murder of a six year old girl in Aruba. At the time of his conviction, the Netherlands consisted of the Netherlands and the Netherlands Antilles, which included the islands of Aruba and Curaçao. The judgment from the First Instance Court of the …Read more

Tags: Access to health care, Access to treatment, Imprisonment, Incarceration, Inmate, Jail, Mental disability, Mental disorder, Mental illness, Mental retardation
Download Judgment: English

Asociación Civil para la Defensa en Ámbito Federal e Internacional de Derechos v. Instituto Nacional de Servicios Sociales para Jubilados y Pensionados

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: CSJ 000721/2007(43-A)/CS1
Health Topics: Aging, Child and adolescent health, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to development, Right to health, Right to life, Right to social security
Facts:

The plaintiff, a Civil Association for the Defense of Rights in the Federal and International Level [Asociación Civil para la Defensa en el Ámbito Federal e Internacional de Derechos – Asociación DE.FE.IN.DER.], filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Institution for Social Security Services for Retiree [Instituto Nacional …Read more

Tags: Access to treatment, Aging, Children, Disabled, Health insurance, Health regulation, Mental illness, Minor, Poor, Right to Health, Right to Life, Right to social security, Social security
Download Judgment: Spanish