Citizens’ Association “Polio Plus” to the Constitutional Court
Country: MacedoniaYear: 2008
Court: Constitutional Court
Citation: 202/2007-0-0
Health Topics: Disabilities, Hospitals, Mental health
Human Rights: Freedom from discrimination, Right to property
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
Shtukaturov v. Russia
Country: RussiaYear: 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
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
Khudobin v. Russia
Country: RussiaYear: 2007
Court: European Court of Human Rights
Citation: Application No. 59696/00; (2006) ECHR 898
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person
Mr. Khudobin, a Russian national, filed an application against the Russian Government for allegedly violating several articles of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). The applicant was arrested after he was caught supplying heroin to an undercover police agent. He was placed in custody during pre-trial investigations and …Read more
Rechtbank ‘s Gravenhage [District Court of Gravenhage] , 26 July 2007, LJN:AY5099
Country: NetherlandsYear: 2007
Court: District Court of Gravenhage
Citation: LJN:AY5099
Health Topics: Health care and health services, Health systems and financing, Hospitals, Mental health
Human Rights: Freedom from discrimination, Right to health
Tags: Access to health care, Access to treatment, Clinics, Emergency care, Health expenditures, Health funding, Health insurance, Health spending, Immigration, Mental illness, Mental institution, Migrants, Psychiatry, Psychology, Reimbursement, Social security
Corey Brough v. Australia
Country: AustraliaYear: 2006
Court: United Nations Human Rights Committee
Citation: U.N. H.R. Comm., U.N. Doc. CCPR/C/86/D/1184/2003 (Apr. 27, 2006).
Health Topics: Child and adolescent health, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The applicant was an underage Aboriginal Australian who alleged violation of Articles 7 (freedom from torture or to cruel, inhuman or degrading treatment and punishment), 10 (guaranteed dignity of detained persons) and 24 (child’s right to freedom from discrimination) of the International Covenant on Civil and Political Rights (ICCPR) when he was placed under incarceration …Read more
Sestan v. Director of Area Mental Health Services Waitemata District Health Board
Country: New ZealandYear: 2006
Court: Court of Appeal
Citation: [2006] NZCA 350; [2007] 1 NZLR 767
Health Topics: Health care and health services, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Mr. Sestan had depression and bipolar/schizoaffective disorder, which included manic stages where he would be psychotic. He had been admitted to hospital for his condition numerous times. After a suspected manic episode where Mr. Sestan attempted to force another car off the road and bought two apartment, Mr. Sestan went to the emergency department for …Read more
Ximenes-Lopes v. Brazil
Country: BrazilYear: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 149 (July 4, 2006).
Health Topics: Health care and health services, Hospitals, Medical malpractice, 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 life
Damião Ximenes-Lopes, a person with mental illness, was hospitalized for psychiatric treatment at a private psychiatric clinic that operated within Brazil’s public health system. Ximenes-Lopes died three days following hospitalization while undergoing psychiatric treatment. He endured “inhuman and degrading” conditions and died under violent circumstances in the hands of hospital staff. Ximenes-Lopes’ sister filed a …Read more
JD (FC) v. East Berkshire Community Health NHS Trust and Ors.
Country: United KingdomYear: 2005
Court: House of Lords
Citation: [2005] UKHL 23
Health Topics: Child and adolescent health, Medical malpractice, Mental health, Violence
Human Rights: Right to due process/fair trial
JD and MAK, parents of children with severe medical conditions, were wrongly suspected of child abuse through the misdiagnosis of their children by doctors. The ensuing investigation was conducted negligently. Each parent in consequence suffered psychiatric disorder and their family life was disrupted and they issued proceedings against the respective health authorities and individual doctors …Read more
Kent County Council v. G and Ors.
Country: United KingdomYear: 2005
Court: House of Lords
Citation: [2005] UKHL 68
Health Topics: Child and adolescent health, Mental health
Human Rights: Right to family life
K, the local authority initiated care proceedings to remove a child, E, from her parents, G and X. However, they were persuaded to agree to a short period of assessment at a specialist hospital and an interim care order was duly made under s 38(1)[1] of the Children Act 1989 (‘the Act’), including directions as …Read more
Kolanis v. United Kingdom
Country: United KingdomYear: 2005
Court: European Court of Human Rights
Citation: App. No. 517/02, 42 Eur. H.R. Rep. 12 (2006).
Health Topics: Health care and health services, Mental health
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to health, Right to liberty and security of person
The applicant, Ms. Kolanis, was convicted of a crime and found to be suffering from mental illness pursuant to the Mental Health Act 1983. Her application to reside at home was upheld by the Tribunal, which ordered her conditional discharge provided she live at home with her parents, be supervised by a social worker and …Read more