9 judgments found.

PBU v Mental Health Tribunal

Country: Australia
Year: 2018
Court: Supreme Court of Victoria
Citation: [2018] VSC 564
Facts:

Both the plaintiffs were diagnosed with schizophrenia and were ordered to undergo compulsory electroconvulsive treatment (ECT). The case arose from the plaintiffs’ appeal of the Victorian Civil and Administrative Tribunal’s (VCAT) order that they are administered ECT. VCAT made this decision pursuant to its findings that both individual plaintiffs lacked the capacity to give informed …Read more

Tags: Disabilities, Freedom from Discrimination, Health care and health services, Health information, Informed consent, Medical malpractice, Mental health, Right to bodily integrity, Right to Health, Right to Privacy
Download Judgment: English

Transgender Europe and ILGA-Europe v. the Czech Republic

Country: Czech Republic
Year: 2018
Court: European Committee of Social Rights
Citation: Complaint No. 117/2015
Facts:

Transgender Europe and ILGA-Europe, the petitioners, filed a complaint before the European Committee of Social Rights (hereinafter “the Committee”). The plaintiffs alleged before the Committee that the situation in the Czech Republic was in breach of art.11 either alone or in light of the non-discrimination clause of the Preamble to the 1961 European Social Charter …Read more

Tags: Freedom from Discrimination, Health care and health services, Informed consent, Right to bodily integrity, Right to Health, Sexual and reproductive health
Download Judgment: English

NN v. The Member of the Executive Council for Health

Country: South Africa
Year: 2015
Court: The High Court of South Africa (Eastern Cape Local Division: Mthatha)
Citation: Case No. 2571/13
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a suit in her personal capacity and as a guardian of her minor child, Z alleging medical negligence. She alleged that the hospital failed to determine the need for a Caesarean Section and due to prolonged labour and foetal distress, Z suffered from cerebral damage at birth. The Defendant pleaded that under …Read more

Tags: Access to treatment, Caeserean, Childbirth, Clinics, Duty of care, Infant health, Minor, Negligence, Neurological diseases, Patient choice, Remedies, Right to bodily integrity, Right to Health, Right to life TAGS: Health facilities, Standard of care
Download Judgment: English

Dvořáček v. Czech Republic

Country:
Year: 2014
Court: 2014
Citation: ECHR 328 (2014)
Facts:

This case is concerned with the conditions surrounding the compulsory admission of the applicant, Mr. Dvořáček, to a psychiatric hospital to undergo, what the European Court of Human Rights described as, “protective sexological treatment”. The applicant was diagnosed with Wilson’s disease in 1999 and was also found to be afflicted with hebephilia owing to which …Read more

Tags: Chronic and noncommunicable diseases, Freedom from Torture and Cruel, Hospitals, Informed consent, Inhuman or Degrading Treatment, Mental health, Right to bodily integrity, sexual and reproductive rights
Download Judgment: English

Gajewski v. Wilkie

Country: Canada
Year: 2014
Court: Ontario Court of Appeal
Citation: [2014] O.J. No. 6026
Facts:

The Appellant, Mr. Bartosz Gajewski, was detained at the Centre for Addiction and Mental Health (hereinafter CAMH) in Toronto after he was found to be suffering from a mental disorder at his trial on the charges of assault and attempted kidnapping. After his admission into CAMH, the doctor proposed antipsychotic medication and provided information to …Read more

Tags: Health care and health services, Informed consent, Mental health, Right to bodily integrity, Right to Due Process/Fair Trial
Download Judgment: English

Hallo Bi @ Halima W/O Aamin v. State of Madhya Pradesh & two Others

Country: India
Year: 2013
Court: High Court of Madhya Pradesh
Citation: 2013SCCONLINEMP445
Facts:

The petitioner in the present case was a pregnant woman, languishing in jail for allegedly committing murder under Section 302 of the Indian Penal code, of Usman, who forced her into prostitution and committed rape on her. An application for termination of her pregnancy was rejected by the Chief Judicial Magistrate and therefore the case …Read more

Tags: Informed consent, Mental health, prisons, Right to bodily integrity, Right to Liberty and Security of Person, Sexual and reproductive health, violence
Download Judgment: English

T., S. v. Gobierno de la Ciudad de Buenos Aires

Country: Argentina
Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: T. 421. XXXVI.
Health Topics: Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against a public hospital in the city of Buenos Aires, to obtain the termination of a pregnancy because the fetus was anencephalic (a baby born with an underdeveloped brain and an incomplete skull), which was denied by the hospital. Abortions are illegal in …Read more

Tags: Right to bodily integrity, Right to Health, Right to Life, Right to Privacy, sexual and reproductive rights
Download Judgment: Spanish

Winko v British Columbia (Forensic Psychiatric Institute)

Country: Canada
Year: 1999
Court: Supreme Court of Canada
Citation: [1999] 2 SCR 625
Health Topics: Hospitals, Mental health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The appellant was schizophrenic and was arrested for attacking pedestrians on the street with a knife. Prior to the incident he had been hearing voices. The appellant was charged with aggravated assault, assault with a weapon, and possession of a weapon for purposes dangerous to the public peace. He was found not criminally responsible (“NCR”) …Read more

Tags: Assault, Compulsory commitment, Compulsory confinement, Freedom from discrimination. TAGS: Health facilities, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychosis, Public hospitals, Right to bodily integrity, Schizophrenia
Download Judgment: English

B. R. E. v. Policía Federal Argentina

Country: Argentina
Year: 1996
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 77. XXX.
Health Topics: HIV/AIDS, Informed consent, Public safety
Human Rights: Right of access to information, Right to bodily integrity, Right to health, Right to life, Right to privacy, Right to work
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Argentine Federal Police, which issued a resolution forcing the plaintiff to retire from the police force due to being HIV positive. The HIV test was performed without the consent of the plaintiff, which constituted a violation of his right to privacy. …Read more

Tags: Compulsory testing, discrimination, HIV positive, HIV/AIDS, Non-consensual testing and treatment, People living with HIV/ AIDS, Right to bodily integrity, Right to Health, Right to Life, Right to Privacy, Right to work
Download Judgment: Spanish
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