69 judgments found.

Centre for Addiction and Mental Health v. Ontario

Country: Canada
Year: 2012
Court: Court of Appeals for Ontario
Citation: 2012 ONCA 342
Health Topics: Hospitals, Informed consent, Mental health, Prisons
Human Rights: Right to liberty and security of person
Facts:

The Centre for Addition and Mental Health (CAMH) and the Mental Health Centre Penetanguichene (MHCP)appealed an order by the Mental Disorder Court to send a person accused of sexual assault to a hospital for psychiatric treatment. The judge knew that beds for treatment would not be available until six days later. The appeal was on …Read more

Tags: care, Compulsory commitment, Compulsory confinement, Compulsory treatment, Criminalization, Custody, Depression, Detainee, Detention, Harm reduction, Health care professionals, Health facilities, Imprisonment, Incapacity, Incompetence, Inmate, Involuntary confinement, Involuntary treatment, Jail, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Prison conditions, Private hospitals, Psychiatry, Psychology, Public hospitals
Download Judgment: English

Munjaz v. United Kingdom

Country: United Kingdom
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 2913/06; [2012] ECHR 1704
Health Topics: Hospitals, Mental health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to family life, Right to liberty and security of person
Facts:

The Applicant, a UK citizen born in 1947, alleged that the seclusion policy (“Policy”) of Ashworth Special Hospital (“Ashworth”), the maximum security hospital where he was committed for a mental illness, violated the European Convention on Human Rights. After several instances of incarceration and hospitalization on account of various mental health issues, the applicant was …Read more

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Degrading treatment, Detainee, Detention, Incompetence, Inhuman treatment, Involuntary commitment, Involuntary confinement, Isolation, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology, Public hospitals, Seclusion, Torture
Download Judgment: English

R v. DAI

Country: Canada
Year: 2012
Court: The Supreme Court of Canada
Citation: [2012] SCC 5
Health Topics: Disabilities, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The Crown alleged that the complainant, a 26-year-old woman with the mental age of a three to 6-year-old was repeatedly sexually assaulted by her mother’s partner D.A.I during the four years that he lived in their home. The Crown sought to call the complainant to testify about the alleged assaults. The trial judge found that …Read more

Tags: Assault, Competence to testify, Differently abled, Disabled, Handicapped, Incapacity, Incompetence, Law enforcement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Psychology, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Violence against women
Download Judgment: English

Rabone v. Pennine Care NHS Foundation Trust

Country: United Kingdom
Year: 2012
Court: The Supreme Court of the United Kingdom
Citation: [2012] UKSC 2
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Right to life
Facts:

The claimants stated that the deceased was a voluntary psychiatric patient. She was assessed by the hospital as a high risk of suicide attempt as she had done so before. The hospital allowed her home leave for two days. During that period, she committed suicide. The claimants stated that the hospital and its staff were …Read more

Tags: Clinics, Compensation, Damages, Duty of care, Emergency care, Health facilities, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Non-pecuniary damages, Psychiatry, Psychology, Remedies, Standard of care, Suicide, Trauma
Download Judgment: English

Stanev v. Bulgaria

Country: Bulgaria
Year: 2012
Court: European Court of Human Rights
Citation: Application no. 36760/06
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Mental health, Poverty
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:

S, an adult male diagnosed with schizophrenia, lived for many years with his half-sister and step-mother, his closest living relatives, before they applied in 2000 to the Ruse Regional Court to have S declared legally incapacitated. The court declared S only partially incapacitated. S’s family refused to accept guardianship for S, and the court instead …Read more

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Degrading treatment, Diet, Examination, Food, Health care professionals, Health care workers, Incapacity, Incompetence, Indigent, Inhuman treatment, Involuntary commitment, Involuntary confinement, Low income, Malnutrition, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Paranoia, Poor, Psychiatry, Psychology, Schizophrenia, Social security
Download Judgment: English

Brown v. Plata

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 1910 (2011)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Infectious diseases, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

This case involved an appeal from a decision made by a three-judge court that was convened by the Federal District Court to decide the appropriate remedy for violations of the Eighth Amendment to the United States Constitution. The violations were the subject of two related Federal District Court cases in California: Coleman v. Brown (1990) …Read more

Tags: Access to health care, Access to treatment, Budget, Cleanliness, Cruel and unusual punishment, Custody, Depression, Detainee, Detention, Diabetes, Health care professionals, Health care workers, Health facilities, Heart disease, Imprisonment, Incarceration, Inmate, Jail, Kidney disease, Mental disorder, Mental illness, Noncommunicable diseases, Prison conditions, Psychiatry, Psychology, Psychosis, Suicide, Waste
Download Judgment: English

Fyodorov and Fyodorova v. Ukraine

Country: Ukraine
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 39229/03
Health Topics: Aging, Informed consent, Mental health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

Two Ukrainian nationals lodged this complaint against the Ukraine under Article 34 of the Convention for the Protection of Human Rights (the “Convention”) in 2003. The applicants alleged that they were ill-treated by the police and that no effective investigations of the event took place. One of the applicants also alleged that he had been …Read more

Tags: Aged persons, Assault, Compulsory commitment, Compulsory confinement, Compulsory examination, Cruel treatment, Degrading treatment, Elderly, Forced examination, Health care professionals, Humiliating treatment, Inhuman treatment, Involuntary commitment, Involuntary confinement, Involuntary examination, Law enforcement, Mandatory confinement, Mandatory examination, Mental disorder, Mental illness, Older persons, Patient choice, Police, Psychiatry, Psychology, Senior citizens
Download Judgment: English Russian

Rt 2011 s 666

Country: Norway
Year: 2011
Court: Supreme Court
Citation: Ref. HR-2011-2325-A
Health Topics: Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to liberty and security of person
Facts:

On the basis of information from A’s family, A’s primary physician requested that A be hospitalized as soon as possible at the Buskerud hospital. A’s primary physician was told by the physician at Buskerud hospital that in order for compulsory admission to occur A had to have been examined by an independent doctor within the …Read more

Tags: Compulsory commitment, Compulsory confinement, Duty of care, Health care professionals, Health facilities, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental illness, Mental institution, Non-consensual testing and treatment, Psychiatry, Psychology, Public hospitals
Download Judgment: English

L v. RIDCA Central (Regional Intellectual Disability Care Agency)

Country: New Zealand
Year: 2010
Court: High Court
Citation: HC WN CIV-2010-485-1279
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The claimant (L), a 45-year-old woman with an intellectual disability, appealed a decision by the Family Court which had ordered a 12-month extension to the compulsory care order that L was under. The care order had been initially ordered under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (“IDCCR Act”) because of L’s violent …Read more

Tags: Compulsory commitment, Compulsory confinement, Health care professionals, Health care workers, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Psychiatry, Psychology
Download Judgment: English

R v. Conway

Country: Canada
Year: 2010
Court: The Supreme Court of Canada
Citation: 2010 SCC 22
Health Topics: Hospitals, Mental health, Public safety, Violence
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The accused was found not guilty by reason of insanity on a charge of sexual assault with a weapon in 1983. He was subsequently detained in numerous mental health facilities. Before his annual review hearing in 2006 was held, the accused alleged that the centre in which he was detained had violated his constitutional rights …Read more

Tags: Assault, Compulsory commitment, Compulsory confinement, Health facilities, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Psychiatry, Psychology, Rape, Sexual abuse, Sexual assault, Sexual violence, Threat of violence, Violence against women
Download Judgment: English