171 judgments found.

Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania

Country: Romania
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea.  Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more

Tags: Abuse, Access to health care, Access to treatment, Compulsory examination, Compulsory testing, Compulsory treatment, Counseling, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Epilepsy, Examination, Forced examination, Forced treatment, Imprisonment, Inadequate treatment, Inappropriate treatment, Incapacity, Incarceration, Informed choice, Inmate, Involuntary examination, Involuntary treatment, Jail, Lung disease, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Negligence, Neurological diseases, Noncommunicable diseases, Patient choice, Pneumonia, Prison conditions, Psychosis, Pulmonary diseases, Respiratory diseases, Standard of care, Suicide, Trauma
Download Judgment: English

Kanthasamy v Canada (Citizenship and Immigration)

Country: Canada
Year: 2015
Court: The Supreme Court of Canada
Citation: 2015 SCC 61
Health Topics: Child and adolescent health, Disasters and emergencies, Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The appellant was a 17 year old boy who applied for permanent residence from within Canada, having previously landed as a refugee claimant. He travelled to Canada to escape threatened violence from the army and police in Sri Lanka, his native country after he was detained and questioned by the Sri Lankan police and army. …Read more

Tags: Abuse, Access to healthcare, Access to treatment, Armed conflict, Assault, Asylum, Child development, Children, Custody, Depression, Detainee, Detention, Humanitarian crisis, Immigrants, Immigration, Law enforcement, Manmade disaster, Mental disorder, Mental illness, Migrants, Military, Minor, Police, Psychology, Refugees, Trauma
Download Judgment: English

Kings College Hospital NHS Foundation Trust v. C and V

Country: United Kingdom
Year: 2015
Court: Court of Protection
Citation: [2015] EWCOP 80
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity
Facts:

The Kings College Hospital challenged respondent C’s ability to decide to end life-saving treatment, effectively choosing to die, by alleging that she lacked mental capacity. C had attempted to commit suicide by ingesting 60 paracetamol tablets with champagne.  She made this decision shortly after undergoing  treatment for breast cancer and ending of a long term …Read more

Tags: Compulsory treatment, Degrading treatment, Forced treatment, Health care professionals, Incapacity, Informed choice, Involuntary treatment, Mandatory treatment, Mental competence, Mental disorder, Mental illness, Non-consensual testing and treatment, Patient choice, Psychiatry, Psychology, Public hospitals, Suicide, Unauthorized treatment
Download Judgment: English

P., A. v. Comisión Nacional Asesora para la Integración de las Personas Discapacitadas

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 289. L RHE
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals, Mental health
Human Rights: Right to health, Right to life, Right to social security
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Commission for the Integration of Disabled People [Comisión Nacional Asesora para la Integración de las Personas Discapacitadas] for them to provide the comprehensive coverage of the medical services the plaintiff needed due to her disability. The National Commission argued that …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Disabilities, Health funding, Health regulation, Mental illness, Poor, Social security
Download Judgment: Spanish

Aurnhammer v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 36356/10
Health Topics: Health care and health services, Hospitals, Medicines, Mental health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
Facts:

On August 19, 2004, Mr. Veit Aurnhammer was convicted by the Regensburg Juvenile District Court of causing bodily harm and damage to property after he struck two ticket collectors in the face when they tried to prevent him from evading ticket controls. Aurnhammer was further convicted of dangerous bodily injury after attacking his sleeping cellmate …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Psychiatry, Schizophrenia
Download Judgment: English

DD v. Secretary of State for Home Department

Country: United Kingdom
Year: 2014
Court: Royal Courts of London
Citation: [2014] EWHC 3820 (Admin)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The claimant, DD, a Somali man, was granted asylum and indefinite leave to remain shortly after his arrival in the UK in 2003. Due to his involvement in fundraising for Al-Shabaab, a Terrorism Prevention and Investigation Measure (TPIM) was imposed in 2012. He was charged with breaching the TPIM, remanded into custody, and was sentenced …Read more

Tags: Custody, Degrading treatment, Depression, Detention, Imprisonment, Inhuman treatment, Mental disability, Mental illness, Psychiatry, Psychosis, Refugees, Schizophrenia, Solitary confinement, Terrorism, Torture, Trauma
Download Judgment: English

M.H. v. United Kingdom

Country: United Kingdom
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 11577/06
Health Topics: Mental health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant was severely disabled as a result of Down’s Syndrome. The applicant lived with her mother, her nearest relative. She often exhibited difficult behavior and towards the end of 2002 social workers had become extremely concerned about the impact on the physical and mental health of the applicant and her mother. On 31 January …Read more

Tags: Compulsory commitment, Detainee, Detention, Incapacity, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry
Download Judgment: English

P. L., J. M. v. I.O.M.A

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 876. XLVII. REX
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Mental health
Human Rights: Right to development, Right to education, Right to health, Right to life, Right to participation, Right to work
Facts:

The plaintiff filed an appeal to the Supreme Court of Justice of the Province of Buenos Aires [Suprema Corte de la Provincia de Buenos Aires] against the health insurance of the Province of Buenos Aires [I.O.M.A] to obtain comprehensive coverage treatment in a special school [CEPP] for their disabled son that had Down’s syndrome, where he …Read more

Tags: Access to health care, Access to treatment, Health regulation, Mental disability, Mental illness
Download Judgment: Spanish

Shatrughan Chauhan and another v. Union of India and others

Country: India
Year: 2014
Court: Supreme Court
Citation: Writ Petition 55 of 2013
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to life
Facts:

Fifteen criminal convicts sentenced to the death penalty challenged their sentences as in violation of Article 21 of the Indian Constitution, which protects the right to life. They claimed that the executive orders rejecting their mercy petitions were passed without considering supervening events, including delay, insanity, solitary confinement, and procedural lapses. Two convicts alleged that the …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detainee, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Insanity, Isolation, Jail, Mental competence, Mental disability, Mental disorder, Mental illness, Psychiatry, Psychology, Schizophrenia, Solitary confinement, Torture
Download Judgment: English

Zierd v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 75095/11
Health Topics: Health care and health services, Hospitals, Medicines, Mental health
Human Rights: Right to bodily integrity
Facts:

Ms. Rosel Zierd filed an application claiming that the psychiatric medication administered against her late son’s will violated her own and her late son’s Convention rights. On May 31, 2006, Ms. Zierd’s son, H, was found by the Meiningen Regional Court to have committed a number of traffic offenses, including involuntary manslaughter. The court determined …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Suicide
Download Judgment: English