9 judgments found.

British Columbia Civil Liberties Association v Canada (Attorney General)

Country: Canada
Year: 2018
Court: Supreme Court of British Columbia
Citation: 2018 BCSC 62
Health Topics: Mental health, Prisons
Human Rights: Right to bodily integrity, Right to life
Facts:

The plaintiffs are two non-profit organizations, the British Columbia Civil Liberties Association and the John Howard Society of Canada. The plaintiffs challenged the constitutionality of sections 31-33 and 37 of the Corrections and Conditional Release Act (CCRA), which authorized administrative segregation of inmates in federal prisons. Section 31 provided that the purpose of administrative segregation …Read more

Tags: Abuse, Compulsory confinement, Cruel and unusual punishment, Cruel treatment, Custody, Depression, Imprisonment, Incarceration, Inmate, Involuntary confinement, Isolation, Jail, Mental disability, Mental disorder, Mental illness, Paranoia, Prison conditions, Psychiatry, Psychology, Psychosis, Seclusion, Solitary confinement, Suicide, Trauma
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

Hadzic and Suljic v. Bosnia and Herzegovina

Country: Bosnia-Herzegovina
Year: 2011
Court: European Court of Human Rights
Citation: Application Nos. 39446/06 and 33849/08
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

Mr. Hadzic and Mr. Suljic were detained in the Psychiatric Annex of Zenica Prison. Each claimed that their detention was unlawful under Article 5, section 1 of the European Convention on Human Rights (“Convention”), which protects the right to liberty and security of person They argued that the Annex was not an appropriate institution for …Read more

Tags: Compulsory confinement, Custody, Detainee, Detention, Imprisonment, Incarceration, Inmate, Involuntary confinement, Jail, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Prison conditions, Seclusion
Download Judgment: English

Case 2008-48-01

Country: Latvia
Year: 2009
Court: Constitutional Court
Citation: Case No. 2008-48-01, Latvia (2008)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The plaintiff argued that the Sentence Execution Code of Latvia, Sec. 74 (2)(the “impugned regulation”) which prohibited convicted persons in solitary confinement from having walks violated his constitutional right to health.  In April 2009, the parliament had amended the impuged regulation, allowing for daily  one-hour walks, but such amendment was not set to come into …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions, Seclusion, Solitary confinement, Torture
Download Judgment: English Latvian

R (on the application of Munjaz) v. Mersey Care NHS Trust

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 58
Health Topics: Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to liberty and security of person
Facts:

Colonel Munjaz sought judicial review of Mersey Care NHS Trust’s (Mersey Care) policy on the seclusion of patients detained at the hospital. He claimed that the policy violated both domestic law and the European Convention on Human Rights (ECHR), as incorporated into United Kingdom law by the Human Rights Act 1998 (HRA). Colonel Munjaz was …Read more

Tags: Compulsory commitment, Compulsory confinement, Degrading treatment, Inhuman treatment, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Public hospitals, Seclusion
Download Judgment: English

Re Woolley, ex parte Applicants M276

Country: Australia
Year: 2004
Court: High Court
Citation: (2004) 225 CLR 1; (2004) 80 ALD 1; (2004) 210 ALR 369; (2004) 79 ALJR 43; (2004) 32 Fam LR 180; [2004] HCA 49
Health Topics: Child and adolescent health, Infectious diseases, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Freedom of religion, Right to liberty and security of person
Facts:

The Applicants were four Afghani children who arrived in Australia with their parents as “unlawful non-citizens” (a person who is in the migration zone who is not an Australian citizen and who does not hold a valid visa) according to the Migration Act 1958 (the Act). The family was placed in immigration detention pursuant to …Read more

Tags: Asylum, Child development, Children, Compulsory commitment, Compulsory confinement, Cruel and unusual punishment, Depression, Detention, Immigration, Involuntary commitment, Mandatory commitment, Mandatory confinement, Mental competence, Mental illness, Migrants, Minor, Psychiatry, Psychology, Refugees, Seclusion, Torture
Download Judgment: English

Keenan v. United Kingdom

Country: United Kingdom
Year: 2001
Court: European Court of Human Rights
Citation: App. No. 27229/95, 33 Eur. H.R. Rep. 913 (2001).
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Medicines, Mental health, Prisons
Human Rights: 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 life
Facts:

The applicant brought an action on behalf of her mentally ill son, Mark Keenan, who killed himself in prison, alleging the State was in violation of Articles 2 (right to life), 3 (prohibition of torture) and 13 (right to an effective remedy) of the European Convention. The applicant alleged that her son, who was known …Read more

Tags: Compulsory confinement, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Imprisonment, Incarceration, Incompetence, Inhuman treatment, Inmate, Involuntary commitment, Involuntary confinement, Isolation, Jail, Mandatory confinement, Mental disorder, Mental illness, Paranoia, Psychiatry, Psychology, Schizophrenia, Seclusion, Suicide, Torture
Download Judgment: English French

Victor Rosario Congo v. Ecuador

Country: Ecuador
Year: 1999
Court: Inter-American Commission on Human Rights
Citation: Report 63/99, Case No. 11.427; OEA/Ser.L/V/II.106 Doc. 6 rev., April 13, 1999
Health Topics: Diet and nutrition, Health care and health services, Mental health, Prisons
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to food, Right to health, Right to life, Right to water and sanitation
Facts:

Victor Rosario Congo, an Ecuadorian, was placed in a detention center pending investigations into criminal charges. There were indications that he suffered from a mental disorder. In September 12, 1990, Mr. Congo was placed in an isolation cell at which time a guard assaulted him in the Rehabilitation Center, inflicting a wound to his head. …Read more

Tags: Access to treatment, Cruel treatment, Custody, Degrading treatment, Dehydration, Detainee, Detention, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Isolation, Jail, Mental disability, Mental disorder, Mental illness, Seclusion, Starvation, Torture
Download Judgment: English Spanish

Loayza-Tamayo v. Peru

Country: Peru
Year: 1997
Court: Inter-American Court of Human Rights
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Loayza Tamayo (L) had allegedly been confined in a tiny prison cell for twenty-three and a half hours a day for one year. The Inter-American Commission on Human Rights had requested provisional measures whereby Peru would be requested to end her solitary confinement and incommunicado detention and to return her to the pavilion of the prison …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Depression, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Jail, Prison conditions, Seclusion, Solitary confinement, Torture
Download Judgment: English
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