34 judgments found.

Slawomir Musial v. Poland

Country: Poland
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 28300/06
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health
Facts:

The applicant, a Polish national, alleged a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) based on inadequate medical care during his detention in various Polish detention centers, as well as the overcrowding and poor conditions in those same facilities. In April of 2005, the …Read more

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Custody, Degrading treatment, Detainee, Detention, Emergency care, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Mental disorder, Mental illness, Mental institution, Prison conditions, Psychiatry, Schizophrenia, Suicide
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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

Paola Del Rosario Guzman Albarracin and Next of Kin v. Ecuador

Country: Ecuador
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 76/08, Petition 1055-06, October 17, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Health care and health services, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

The Centro de Derechos Reproductivos (Center for Reproductive Rights) and the Centro Ecuatoriano para la Promoción y Acción de la Mujer (Center for the Advancement and Action of Women) (CEPAM-Guayaquil) alleged that the assistant principal at the public school where Paola del Rosario Guzmán Albarracín, age 16, was a student, took advantage of his position …Read more

Tags: Abortion, Access to treatment, Child development, Childbirth, Children, Emergency care, Maternal health, Minor, Molestation, Pregnancy, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Suicide, Termination of pregnancy, Unsafe abortion, Violence against women
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Savage v. South Essex Partnership NHS Foundation Trust

Country: United Kingdom
Year: 2008
Court: House of Lords
Citation: [2008] UKHL 74
Health Topics: Hospitals, Medical malpractice, Mental health
Human Rights: Right to life
Facts:

In July 2004 CS was being treated as a detained patient at Runwell Hospital under the Mental Health Act. She absconded and went on to commit suicide by throwing herself in front of a train. A public inquest was held and concluded that the precautions in place at the hospital were inadequate. S, the daughter …Read more

Tags: Compulsory commitment, Duty of care, Involuntary commitment, Mandatory commitment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Schizophrenia, Suicide, Tort
Download Judgment: English

Case 209

Country: Bulgaria
Year: 2007
Court: Sofia Court of Appeal
Citation: Decision No. 209 on Case No. 161/2007
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to health
Facts:

This case has been affirmed on appeal to the Supreme Court of Cassation. The Plaintiff was diagnosed with breast cancer in 1998. As part of her treatment, she was prescribed hormone medication and received a mastectomy. At one point, she was prescribed Zoladex, which which causes temporary cessation of ovarian function. . Although prescribed this medication, …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Budget, Cancer, Health expenditures, Health funding, Health regulation, Health spending, Hormone therapy, Hunger strike, Out-of-pocket expenditures, Second-line treatment, Suicide, Tertiary care
Download Judgment: English

KR (Iraq) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2007
Court: Court of Appeal, Civil Division
Citation: [2007] EWCA Civ 514
Health Topics: Controlled substances, Health care and health services, Medicines, Mental health
Human Rights: Right to family life
Facts:

KR was an Iraqi Kurd. He was a lieutenant in the state police under Saddam Hussein’s regime but acted as an informer for the separatist PUK movement. In 1987 his clandestine activity was suspected. He was detained and tortured but the following year was released and resumed work as a police officer. In 1991 he …Read more

Tags: Access to drugs, Access to health care, Access to treatment, Asylum, Depression, Immigration, Mental disability, Mental disorder, Mental illness, Mental institution, Migrants, Psychotropic drugs, Refugees, Suicide
Download Judgment: English

Gonzales v. Oregon

Country: United States
Year: 2006
Court: Supreme Court
Citation: 546 U.S. 243 (2006)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Informed consent, Medicines, Mental health
Facts:

The state of Oregon legalized a physician-assisted suicide law. This law exempts state-licensed physicians who “dispense or prescribe a lethal dose of drugs upon the request of a terminally ill patient” from civil or criminal liability. The law required that the patient must have a diagnosis of an incurable and irreversible disease that reasonably will cause …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Counseling, Examination, Health care professionals, Health care workers, Informed choice, Noncommunicable diseases, Patient choice, Substance abuse, Suicide
Download Judgment: English

Minister for Immigration and Multicultural and Indigenous Affairs v. SGLB

Country: Australia
Year: 2004
Court: High Court
Citation: (2004) 78 ALD 224; (2004) 207 ALR 12; (2004) 78 ALJR 992; [2004] HCA 32
Health Topics: Mental health
Human Rights: Right to due process/fair trial
Facts:

The Respondent, SGLB, was an Iranian national who arrived in Australia without a visa in June 2000. He was immediately placed in immigration detention. In his initial interview with immigration officers there was “no suggestion by him that any fear of persecution and possible incarceration by the authorities there motivated his departure from Iran” (para. …Read more

Tags: Asylum, Depression, Detention, Immigration, Mental competence, Mental disability, Mental disorder, Mental illness, Migrants, Psychiatry, Psychology, Refugees, Suicide
Download Judgment: English

NS (Afghan women) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2004
Court: Immigration Appeal Tribunal
Citation: [2004] UKIAT 00328
Health Topics: Health care and health services, Mental health, Poverty, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life
Facts:

An Afghani woman (appellant) seeks asylum in the United Kingdom. The Appellant and her husband lived and worked in Kabul, Afghanistan with their three young children. After war broke out in 1992 and the destruction of the family home, the Appellant and her family left Kabul and moved to Takhar, a town in northern Afghanistan …Read more

Tags: Access to health care, Access to treatment, Assault, Asylum, Indigent, Low income, Mental illness, Poor, Rape, Refugees, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Suicide, Violence against women
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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
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