172 judgments found.

Te Koeti v. Otago District Health Board

Country: New Zealand
Year: 2009
Court: Human Rights Review Tribunal
Citation: [2009] NZHRRT 24
Health Topics: Health information, Hospitals, Mental health, Violence
Human Rights: Right of access to information
Facts:

. (The tribunal noted that the request should have been made under the Health Information Privacy Code 1994, but accepted that this was immaterial for the purposes of the case.)  TK made it clear that he specifically wanted all the names of the nurses who had attended him. Although accepting that these names were part …Read more

Tags: Assault, Disclosure, Freedom of information, Health care professionals, Health care workers, Health records, Medical records, Mental illness, Non-disclosure, Public hospitals, Secrecy
Download Judgment: English

V.R.P., et al. v. Nicaragua

Country: Nicaragua
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 3/09, Petition 4408-02, February 11, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Infectious diseases, Informed consent, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Petitioner V.P.C. stated that on two occasions, her father H.R.A. took her nine-year-old daughter V.R.C. to a remote site, drugged her, and sexually abused her. Petitioner took her daughter to the hospital on October 16, 2001 because her daughter could not control her bowels. The doctor biopsied polyps near the daughter’s rectum and found that …Read more

Tags: Assault, Buggery, Depression, Forced examination, Involuntary examination, Mandatory examination, Mental disorder, Mental illness, Minor, Molestation, Pediatric health, Psychiatry, Psychology, Rape, Sexual abuse, Sexual assault, Sexual violence, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs, Trauma, Violence against women
Download Judgment: English Spanish

Auto 092/08

Country: Colombia
Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Segunda de Revisión No. 092 abril 14, 2008, M.P.: Manuel José Cepeda Espinosa, Auto 092/08 (Colom.).
Health Topics: Child and adolescent health, Disasters and emergencies, Environmental health, Health care and health services, Health systems and financing, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to education, Right to health, Right to liberty and security of person, Right to life, Right to property, Right to work
Facts:

The Constitutional Court considered the persistence of an unconstitutional state of affairs with regard to forced displacement, which disproportionately affected women in Colombia. The Court originally declared an unconstitutional state of affairs in Ruling T-025 of 2004 and again in Resolution 218 of 2006. More than half the displaced people in Colombia  (54 per cent) …Read more

Tags: Armed conflict, Cruel treatment, Degrading treatment, Forced abortion, Forced displacement, Humiliating treatment, Indigenous groups, Inhuman treatment, Mental illness, Pregnancy, Rape, Refugees, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Torture, Violence against women
Download Judgment: Spanish

Citizens’ Association “Polio Plus” to the Constitutional Court

Country: Macedonia
Year: 2008
Court: Constitutional Court
Citation: 202/2007-0-0
Health Topics: Disabilities, Hospitals, Mental health
Human Rights: Freedom from discrimination, Right to property
Facts:

Citizens’ Association “Polio Plus” (the Association) challenged provisions of the Law on Mental Health (the Law) that regulated whether or not a person with mental illness would be given the right to possess personal items, such as clothing or items for hygiene, while resident in a mental health facility. These provisions stipulated that certain persons …Read more

Tags: Disabled, Health facilities, Mental disability, Mental illness, Psychiatry
Download Judgment: English Macedonian

Cumming v. The Queen

Country: New Zealand
Year: 2008
Court: Supreme Court
Citation: [2008] NZSC 39
Health Topics: Mental health
Human Rights: Right to due process/fair trial
Facts:

In 2002, the High Court convicted C on eight counts of sexual assault, including rape, unlawful sexual connection, and other offences against the person including detaining with intent to have sexual intercourse. C was subsequently sentenced to preventive detention. C conducted his own defense during the trial. The jury addressed its concerns about the manner …Read more

Tags: Incapacity, Incompetence, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Psychology
Download Judgment: English

Dodov v. Bulgaria

Country: Bulgaria
Year: 2008
Court: European Court of Human Rights
Citation: Dodov v. Bulg., App. No. 59548/00, 47 Eur. H.R. Rep. 41 (2008).
Health Topics: Aging, Health care and health services, Health systems and financing, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Applicant, Mr. Dodov is a Bulgarian national. His mother, Mrs. Stoyanova, suffered from Alzheimer’s disease and disappeared from a state-owned nursing home and was never found. Efforts by applicant to bring criminal and civil proceedings against the hospital staff for negligence in causing the disappearance of his mother did not yield results. Relying on Article …Read more

Tags: Aged persons, Compensation, Damages, Duty of care, Elderly, Inadequate treatment, Inappropriate treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Neurological diseases, Nursing home, Older persons, Remedies, Senior citizens, Standard of care, Tort
Download Judgment: English Armenian Bulgarian French

M.J.R. s/insanía

Country: Argentina
Year: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S.C. February 19, 2008, "M.J.R. s/ insanía"
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

On June 4, 1982 M.J.R. , a minor, accused of aggravated murder, was declared unpunishable by law by the National Criminal Examining Court of First Instance number 16, which determined he had to remain in hospital as a safety measure. On July 11, 1983, the advisor on minors filed a process of disability to the …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Public hospitals, Schizophrenia
Download Judgment: English Spanish

Marcela Alejandra Porco v. Bolivia

Country: Bolivia
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 8/08, Case 11.426
Health Topics: Controlled substances, Health care and health services, Mental health, Prisons, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The petitioner sued the Bolivian State (“the State”) for numerous violations regarding her treatment in prison. The present case is deciding whether this petition is admissible before the Inter-American Commission on Human Rights (“the Commission”). There is disagreement between the parties as to the facts. Marcela Alejandra Porco, an Argentine citizen, was detained in the …Read more

Tags: Abuse, Access to health care, Access to treatment, Cocaine, Counseling, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Examination, Imprisonment, Isolation, Jail, Mental illness, Mental institution, Prison conditions, Psychosis, Schizophrenia, Solitary confinement
Download Judgment: English Spanish

Savage v. South Essex Partnership NHS Foundation Trust

Country: United Kingdom
Year: 2008
Court: House of Lords
Citation: [2008] UKHL 74
Health Topics: Hospitals, Medical malpractice, Mental health
Human Rights: Right to life
Facts:

In July 2004 CS was being treated as a detained patient at Runwell Hospital under the Mental Health Act. She absconded and went on to commit suicide by throwing herself in front of a train. A public inquest was held and concluded that the precautions in place at the hospital were inadequate. S, the daughter …Read more

Tags: Compulsory commitment, Duty of care, Involuntary commitment, Mandatory commitment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Schizophrenia, Suicide, Tort
Download Judgment: English

Shtukaturov v. Russia

Country: Russia
Year: 2008
Court: European Court of Human Rights
Citation: App. No. 44009/05, Eur. Ct. H.R. (2008).
Health Topics: Informed consent, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The applicant, Mr. Shtukaturov, was born in 1982 and first began showing signs of mental illness in 2002. In August 2002, he was held for approximately 8 months in a psychiatric hospital, receiving a diagnosis of simple schizophrenia. On August 3, 2004, Shtukaturov’s mother petitioned the Vasileostrovskiy District Court of St. Petersburg, claiming that her …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Cruel treatment, Depression, Forced examination, Incapacity, Inhuman treatment, Involuntary commitment, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mandatory confinement, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Psychiatry, Schizophrenia, Unauthorized treatment
Download Judgment: English