70 judgments found.

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

Seaton v. Mayberg

Country: United States
Year: 2010
Court: 9th Circuit Court of Appeal
Citation: 610 F.3d 530 (2010)
Health Topics: Health information, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The Appellant, Seaton, an inmate, brought suit against the director of the California Department of Mental Health, the administrator of a state hospital, and two psychologists, alleging that they violated his constitutional right to privacy when they examined and communicated their opinions about his medical records to the district attorney’s office in the period before …Read more

Tags: Compulsory commitment, Confidentiality, Detention, Disclosure, Health data, Health information, Imprisonment, Incarceration, Inmate, Involuntary commitment, Involuntary confinement, Mandatory commitment, Medical records, Mental disability, Mental disorder, Mental illness, Mental institution, Non-disclosure, Psychiatry, Psychology, Torture
Download Judgment: English

Case 2009-584 DC

Country: France
Year: 2009
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2009-584 DC, 16 July 2009
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medicines, Mental health
Human Rights: Right to health
Facts:

This case concerned a constitutional challenge to Articles 1, 10, 23, 84, 91 and 133 of law no.  2009-879 of July 21 2009, Loi portant réforme de l’hôpital et relative aux patients, à la santé et aux territoires (Law reforming hospitals and relating to patients, health and the territories) (the Law) in the Conseil Constitutionnel. …Read more

Tags: Access to health care, Employment, Health care professionals, Health care workers, Health education, Health funding, Health regulation, Pharmaceuticals, Private hospitals, Psychiatry, Psychology, Public hospitals
Download Judgment: English French

Case 53-O09-81

Country: Russia
Year: 2009
Court: Supreme Court
Health Topics: Informed consent, Mental health, Public safety
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person
Facts:

O. was released from criminal responsibility for violating Article 105 of the Criminal Code of the Russian Federation (relating to a contract killing) because the Supreme Court of the Republic of Bashkortostan determined that O. had committed the act in a state of insanity. O. was sentenced to compulsory outpatient observance and treatment by a …Read more

Tags: Community-based care, Compulsory commitment, Compulsory treatment, Insanity, Involuntary commitment, Involuntary treatment, Mandatory commitment, Mandatory treatment, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology, Threat of violence
Download Judgment: English Russian

Penafiel Parraga v. Ecuador

Country: Ecuador
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 73/09, Petition 4392-02, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Mental health, Prisons
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person
Facts:

This report addresses the admissibility of a petition that alleged Ecuador failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including the right to humane treatment. Wellington Geovanny Peñafiel Parraga was a former National Police officer who suffered psychological distress allegedly as a result of treatment he received during a …Read more

Tags: Custody, Depression, Detainee, Detention, Imprisonment, Jail, Law enforcement, Mental disability, Mental disorder, Mental illness, Police, Psychiatry, Psychology, Psychosis
Download Judgment: English Spanish

Stuart v. Kirkland-Veenstra

Country: Australia
Year: 2009
Court: High Court
Citation: 237 CLR 215; 83 ALJR 623; 254 ALR 432; [2009] HCA 15
Health Topics: Mental health
Human Rights: Right to bodily integrity
Facts:

In this matter two police officers and the State of Victoria were being sued by Tania Kirkland-Veenstra, the spouse of a man who committed suicide. The claim was a breach of their statutory duty of care to both herself and the deceased. The two police officers found Mr. Veenstra in a park, where he was …Read more

Tags: Compulsory commitment, Duty of care, Involuntary commitment, Law enforcement, Mandatory commitment, Mental disorder, Mental illness, Negligence, Police, Psychiatry, Psychology, Suicide, Tort
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

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

Country: New Zealand
Year: 2009
Court: High Court
Citation: [2009] NZHC 545
Health Topics: Mental health, Public safety
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person
Facts:

The appellant, VM, challenged a renewal of her detention under a compulsory care order governed by the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (the “Act”). In 2005, the appellant was charged with possession of a knife in a public place when she became fixated on one of her care workers and showed up …Read more

Tags: Community-based care, Compulsory commitment, Health care professionals, Health care workers, Incapacity, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental institution, Psychology
Download Judgment: English

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
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