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317 judgments found.
Country:
Spain Year: 1995
Court: United Nations Human Rights Committee
Citation: U.N. H.R. Comm., U.N. Doc. CCPR/C/53/D/493/1992 (Apr. 5, 1995).
Health Topics:
Controlled substances,
Mental health,
Prisons 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: The petitioner, a Canadian citizen, was arrested along with two acquaintances when the group attempted to enter Spain with large quantities of hashish concealed in their vehicle. The petitioner claimed to have no knowledge of the contraband, and his acquaintances also told police that he was innocent of any wrongdoing. Nevertheless, the examining magistrate incarcerated …Read more
Tags: Abuse,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Drug use,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
People who use drugs,
Police,
Prison conditions,
Torture
Country:
United Kingdom Year: 1995
Court: European Court of Human Rights
Citation: App. No. 16424/90, 20 Eur. H.R. Rep. 205 (1995).
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Mental health Human Rights: Right to due process/fair trial,
Right to family life,
Right to privacy Facts: Both applicants were living together as a couple and later got married. They both suffer from a history of mental illness. Mrs. McMichael gave birth to a son, A. She had a history of severe and recurrent mental illness and, on advice that the child would be at risk if he were to go home …Read more
Tags: Child development,
Children,
Confidentiality,
Disclosure,
Mental disability,
Mental disorder,
Mental illness,
Minor,
Non-disclosure
Country:
Jamaica Year: 1995
Court: United Nations Humans Right Committee
Citation: Communication No 606/1994
Health Topics:
Health care and health services,
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to health Facts: Francis (F) had been convicted of murder and sentenced to death in February 1980. An appeal was dismissed in November 1981 and in October 1987 a note of the oral judgment was produced but nothing written was issued. His lawyers had apparently stated that they could find no grounds to argue on his behalf with …Read more
Tags: Abuse,
Access to health care,
Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Execution,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Insanity,
Mental disorder,
Mental illness,
Paranoia,
Prison conditions,
Psychiatry
Country:
United Kingdom Year: 1994
Court: European Commission on Human Rights
Citation: Application No. 17821/91
Health Topics:
Health care and health services,
Mental health,
Prisons Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: The applicant, a British citizen, claimed violations of sections one and four of Article 5 of the European Convention on Human Rights (the “Convention”) related to his involuntary recall to medical detention by the Home Secretary. In 1970, the applicant raped and killed his twelve year old neighbor. In January of 1971, the applicant pled …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Custody,
Detainee,
Detention,
Examination,
Imprisonment,
Incarceration,
Inmate,
Involuntary commitment,
Involuntary confinement,
Jail,
Mandatory commitment,
Mandatory confinement,
Mental disorder,
Mental illness,
Mental institution,
Psychiatry,
Psychology
Country:
Spain Year: 1994
Court: Constitutional Court
Health Topics:
Infectious diseases,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to life Facts: The parents of a mentally-disabled woman requested that the court authorize the sterilization of their daughter. According to the Article 428 of the Criminal Code made in accordance with Article 6 LO 3/89 of 21 June (the “challenged provision”), sterilization of a disabled person who suffered from serious psychological deficiency would not be unlawful if the …Read more
Tags: Abortion,
Birth control,
Childbirth,
Compulsory sterilization,
Degrading treatment,
Forced abortion,
Forced sterilization,
Humiliating treatment,
Incapacity,
Incompetence,
Inhuman treatment,
Involuntary sterilization,
Mandatory sterilization,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental retardation,
Pregnancy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
Sterilization,
STIs
Country:
United Kingdom Year: 1993
Court: House of Lords
Citation: [1993] 1 ALL ER 821
Health Topics:
Health care and health services,
Informed consent,
Mental health Human Rights: Right to bodily integrity,
Right to health,
Right to life,
Right to privacy Facts: Mr. Bland was in the care of the health authority, and had been in a persistent vegetative state for three and a half years due to a severe crushed chest injury, which had caused devastating and permanent damage to the higher functions of his brain. He was being fed artificially by a tube inserted through …Read more
Tags: Access to treatment,
Incompetence,
Informed choice,
Involuntary treatment,
Mental competence,
Non-consensual testing and treatment,
Patient choice,
Unauthorized treatment
Country:
United States Year: 1992
Court: Supreme Court
Citation: 504 U.S. 127 (1992)
Health Topics:
Informed consent,
Mental health,
Prisons Human Rights: Right to bodily integrity,
Right to due process/fair trial Facts: The petitioner, David Riggins, challenged his criminal convictions on the basis that his liberty and right to due process of the law, as protected by the Sixth and Fourteenth Amendments of the U.S. Constitution, were violated when the State of Nevada forcibly administered him with an antipsychotic drug during his trial. In November 1987, Riggins …Read more
Tags: Detainee,
Forced treatment,
Incompetence,
Involuntary treatment,
Mandatory treatment,
Mental competence,
Non-consensual testing and treatment,
Patient choice,
Psychiatry,
Psychosis
Country:
Australia Year: 1992
Court: High Court
Citation: (1992) 175 CLR 218; [1992] HCA 15
Health Topics:
Child and adolescent health,
Disabilities,
Informed consent,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to life,
Right to privacy Facts: “Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more
Tags: Children,
Contraception,
Contraceptives,
Deaf,
Disabled,
Forced sterilization,
Forced treatment,
Handicapped,
Incompetence,
Informed choice,
Involuntary treatment,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Mental retardation,
Minor,
Non-consensual testing and treatment,
Patient choice,
Physically challenged,
Pregnancy,
Psychiatry,
Psychology,
Sterilization
Country:
Austria Year: 1992
Court: European Commission on Human Rights
Citation: App. No. 10533/83, Eur. Ct. H.R. 58 (1992).
Health Topics:
Diet and nutrition,
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of expression,
Right of access to information,
Right to family life,
Right to liberty and security of person Facts: Applicant, a Hungarian national, served a prison sentence during which he assaulted prison officers, other detainees and threatened judges. He served a six-month pre-detention period in a facility for mentally ill offenders where he remained until his conditional release. He claims that his rights pursuant to Article 5 of the European Convention of Human Rights …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Hunger strike,
Imprisonment,
Incarceration,
Incompetence,
Inhuman treatment,
Inmate,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Paranoia,
Psychiatry,
Starvation,
Torture
Country:
United Kingdom Year: 1992
Court: Court of Appeal, Civil Division
Citation: [1992] 4 All ER 649, CA
Health Topics:
Health care and health services,
Informed consent,
Mental health Human Rights: Right of access to information,
Right to bodily integrity Facts: This case dealt with the right to choose how to live, specifically regarding the right to refuse a blood transfusion. Miss T had been raised by her mother, a Jehovah’s witness, but was never baptized into the faith and had told her boyfriend and father that she was not a Jehovah’s Witness. She was 34 …Read more
Tags: Emergency care,
Health care professionals,
Health care workers,
Incapacity,
Incompetence,
Informed choice,
Involuntary treatment,
Mental competence,
Non-consensual testing and treatment,
Patient choice,
Unauthorized treatment
Country:
Ireland Year: 1992
Court: Supreme Court
Citation: [1992] 1 IR 1 (5th March, 1992)
Health Topics:
Child and adolescent health,
Mental health,
Sexual and reproductive health,
Violence Human Rights: Freedom of movement and residence,
Right to bodily integrity,
Right to life Facts: The first defendant was a fourteen and a half year old girl who became pregnant after being raped by a family friend. Her parents (second and third defendants) reported the rape to the police and inquired whether there was a process available to test the paternity of the fetus before the defendants aborted the pregnancy …Read more
Tags: Abortion,
Child development,
Children,
Criminalization,
Depression,
Maternal health,
Maternal mortality,
Minor,
Molestation,
Pediatric health,
Pregnancy,
Rape,
Sexual abuse,
Sexual assault,
Sexual violence,
Suicide,
Termination of pregnancy,
Therapeutic abortion,
Violence against women
Country:
Germany Year: 1992
Court: European Court of Human Rights
Citation: App. No. 13770/88, 15 Eur. H.R. Rep. 584 (1993).
Health Topics:
Health care and health services,
Mental health Human Rights: Right to due process/fair trial,
Right to health,
Right to liberty and security of person Facts: The applicant, a Hungarian citizen living in Germany, was detained in a psychiatric hospital based on the finding that he had performed acts which constituted criminal offences but for which he could not be held responsible because he was mentally disabled. The applicant instituted numerous proceedings concerning the review of his detention without representation by …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Incapacity,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Paranoia,
Psychiatry,
Schizophrenia
Country:
France Year: 1992
Court: The European Court of Human Rights
Citation: Application No. 57/1990/248/319
Health Topics:
Health care and health services,
Hospitals,
Mental health,
Sexual and reproductive health Human Rights: Right to family life Facts: The applicant’s (B) gender was registered with the civil status registrar as male. Right from an early age, the applicant adopted female behavior and was considered a girl by her siblings. She completed her military service in Algeria and moved to Paris, working in a cabaret. She was treated in a hospital for a month …Read more
Tags: Clinics,
Depression,
Health facilities,
Hormone therapy,
Primary care,
Private hospitals,
Sex reassignment,
Transgender,
Transsexual
Country:
Argentina Year: 1991
Court: Federal Criminal and Correctional Court of Appeals [Cámara Nacional de Apelaciones en lo Criminal y Correccional Federal]
Citation: Cámara Nacional de Apelaciones en lo Criminal y Correccional Federal, Sala IV [Cám. Crim. Corr. Fed., Sala IV] [Federal Criminal and Correctional Court of Appeals], 4/18/1991, Caso n° 38.759/91 (Arg.).
Health Topics:
Mental health,
Sexual and reproductive health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: A woman consecutively shot her partner three times. She was charged with aggravated homicide. She claimed self-defense, alleging to have been subjected to continuous domestic violence and abuse. The ruling of the Court of First Instance justified her action and she was acquitted. The prosecutor appealed the decision on grounds that the woman’s response was …Read more
Tags: Domestic violence,
Humiliating treatment,
Mental disorder,
Sexual violence,
Violence against women
Country:
Sweden Year: 1991
Court: European Court of Human Rights
Citation: Application No. 15576/89
Health Topics:
Mental health,
Prisons,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to family life Facts: Cruz Varas (C V) , his wife and son (all Chilean nationals) had applied for political asylum but the National Immigration Board held that, from the information given, they had not invoked sufficiently strong reasons to be considered as refugees under national or international law and that they should be expelled. In an unsuccessful appeal …Read more
Tags: Abuse,
Assault,
Asylum,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Immigration,
Inhuman treatment,
Mental disorder,
Migrants,
Police,
Rape,
Refugees,
Sexual violence,
Torture
Country:
Canada Year: 1991
Court: Supreme Court of Canada
Citation: [1991] 1 RCS
Health Topics:
Mental health,
Prisons,
Public safety,
Violence Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: Swain was arrested and charged with assault and aggravated assault. Due to his bizarre conduct during the incident and at the time of his arrest, Swain was transferred from jail to a mental health centre before trial. His condition improved with medication, and he was conditionally released into the community before trial. Swain continued to …Read more
Tags: Assault,
Compulsory commitment,
Compulsory confinement,
Custody,
Detention,
Domestic abuse,
Insanity,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental disorder,
Mental illness,
Mental institution,
Psychiatry,
Psychology,
Psychosis,
Threat of violence,
Violence against women
Country:
Sweden Year: 1991
Court: The European Court of Human Rights
Citation: Case No. 61/1990/252/323
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Hospitals,
Mental health Human Rights: Right to family life,
Right to privacy Facts: Roger Anderson (son of Margareta) was taken into public care on a provisional basis. When he started school, it was found that he lacked social skills and maturity. Margareta rejected suggestions made by the Social welfare authorities. Roger stopped attending school in December 1984. Margareta and Roger moved to an address unknown to the authorities …Read more
Tags: Children,
Clinics,
Diabetes,
Health facilities,
Incapacity,
Incompetence,
Mental competence,
Minor
Country:
United Kingdom Year: 1990
Court: Court of Appeal, Civil Division
Citation: [1989] EWCA Civ 13; [1990] 2 WLR 471; [1990] Ch 359; [1990] 1 All ER 835
Health Topics:
Health care and health services,
Health information,
Mental health Human Rights: Right to due process/fair trial,
Right to privacy Facts: W pled guilty to manslaughter on the grounds of diminished responsibility for the indiscriminate killing of several people. He was diagnosed with paranoid schizophrenia and was detained indefinitely in mental hospitals. A Mental Health Tribunal recommended W’s transfer to a regional secure unit (“RSU”) in 1984. The Secretary of State refused to consent to W’s …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Confidentiality,
Disclosure,
Examination,
Health records,
Insanity,
Involuntary commitment,
Involuntary confinement,
Law enforcement,
Mandatory commitment,
Mandatory confinement,
Medical records,
Mental disorder,
Mental illness,
Mental institution,
Non-disclosure,
Paranoia,
Psychiatry,
Psychology,
Psychosis,
Schizophrenia,
Secrecy
Country:
Canada Year: 1990
Court: Supreme Court
Citation: [1990] 3 SCR 1303
Health Topics:
Mental health Human Rights: Right to due process/fair trial Facts: The appellants were found guilty of first degree murder. At trial, expert evidence was given that the appellants suffered from a paranoid psychosis which made them believe they could rule the world, and in order to achieve this they had to kill. Although they were aware that the laws of Canada existed, the appellants did …Read more
Tags: Incapacity,
Insanity,
Mental capacity,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Paranoia,
Psychosis,
Sociopath
Country:
United Kingdom Year: 1989
Court: House of Lords
Citation: [1989] 2 All ER 545
Health Topics:
Informed consent,
Mental health,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life,
Right to health Facts: F was a 36 year old adult woman who suffered from a disability that left her with the mental capacity of a young child. She had been a voluntary in-patient at a mental hospital since the age of 14, where she received treatment and enjoyed a great degree of freedom of movement. Although the facility …Read more
Tags: Birth control,
Compulsory treatment,
Forced treatment,
Incompetence,
Informed choice,
Involuntary treatment,
Mental competence,
Mental disability,
Mental retardation,
Non-consensual testing and treatment,
Patient choice,
Sterilization,
Unauthorized treatment
Country:
France Year: 1989
Court: European Court of Human Rights
Citation: Application No. 10073/82; (1989) 12 EHRR 74
Health Topics:
Disabilities,
Health information,
Hospitals,
Informed consent,
Medical malpractice,
Mental health Human Rights: Right to bodily integrity,
Right to due process/fair trial Facts: The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia. In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more
Tags: Confidentiality,
Depression,
Disabled,
Disclosure,
Experimental treatment,
Health care professionals,
Health care workers,
Inappropriate treatment,
Informed choice,
Involuntary treatment,
Medical records,
Mental disorder,
Mental illness,
Mental institution,
Negligence,
Non-consensual testing and treatment,
Non-disclosure,
Patient choice,
Psychiatry,
Public hospital,
Schizophrenia,
Unauthorized treatment
Country:
Sweden Year: 1989
Court: European Court of Human Rights
Citation: App. No. 11373/85, 12 Eur. H.R. Rep. 183 (1990).
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Mental health Human Rights: Right to due process/fair trial,
Right to family life,
Right to privacy Facts: Applicant and her daughter Lisa are Swedish nationals. Lisa was taken into public care shortly after her birth on the ground that the conditions in their home were unsatisfactory. Later on an appeal the court terminated the public care, but prohibited for an indefinite period the removal of Lisa from the foster home pursuant to …Read more
Tags: Child development,
Children,
Minor,
Psychiatry,
Psychology
Country:
United Kingdom Year: 1989
Court: European Court of Human Rights
Citation: 161 Eur. Ct. H.R. (ser. A) (1989)
Health Topics:
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life Facts: Jens Soering was a German national who came to the United States to study at the University of Virginia. While there, he became friends with Elizabeth Haysom, a Canadian national. Haysom’s parents did not approve of Soering and Haysom’s relationship. In March 1985 the couple made plans to kill Haysom’s parents. They rented a car …Read more
Tags: Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Execution,
Inhuman treatment,
Law enforcement,
Mental disorder,
Mental illness,
Torture
Country:
India Year: 1988
Court: Supreme Court
Citation: 1988 AIR 1782; 1988 SCR Supl. (1) 755;1988 SCC Supl. 734; JT 1988 (3) 186; 1988 SCALE (2) 325
Health Topics:
Diet and nutrition,
Health care and health services,
Hospitals,
Mental health,
Water, sanitation and hygiene Human Rights: Right to a clean environment,
Right to food,
Right to health,
Right to housing,
Right to life,
Right to water and sanitation Facts: This writ petition had been filed in the Supreme Court under Article 32 of the Constitution (right to move the Supreme Court for violation of fundamental rights), as a result of a letter outlining the condition of women in a “care home.” It was alleged in the letter that female inmates were made to live …Read more
Tags: Access to health care,
Access to treatment,
Cleanliness,
Diet,
Health facilities,
Malnutrition,
Mental disability,
Mental illness,
Mental institution,
Primary care,
Sewage
Country:
India Year: 1988
Court: Supreme Court
Citation: 1989 AIR 348; 1988 SCR Supl. (3) 306; 1989 SCC Supl. (1) 644; JT 1988 (4) 233; 1988 SCALE (2) 965
Health Topics:
Diet and nutrition,
Health care and health services,
Health systems and financing,
Hospitals,
Medicines,
Mental health,
Water, sanitation and hygiene Facts: In 1985 the Petitioners wrote a letter to the Court regarding the deteriorating state of the Ranchi Mansik Arogyashala, a mental hospital (the Hospital) in Bihar. The Court treated it as a public interest litigation under Article 32 of the Constitution. The Court directed the Chief Judicial Magistrate to visit the Hospital and submit a …Read more
Tags: Access to medicines,
Access to treatment,
Cleanliness,
Malnutrition,
Mental illness,
Mental institution,
Pharmaceuticals,
Public hospitals,
Sewage,
Waste management
Country:
Ireland Year: 1988
Court: European Court of Human Rights
Citation: Application No. 10581/83; (1988) 13 EHRR 186; [1988] ECHR 22
Health Topics:
Mental health,
Sexual and reproductive health Human Rights: Right to privacy Facts: The appellant, Mr. Norris, complained against the laws in Ireland which criminalized consensual homosexual acts (the impugned provisions). The applicant was a gay Irish citizen and gay rights advocate who claimed to suffered deep depression and loneliness arising from his inability to express his sexuality. He gave evidence of certain health and other detrimental effects …Read more
Tags: Buggery,
Criminalization,
Depression,
Gay,
Homosexual,
Humiliating treatment,
Isolation,
LGBTI,
Queer,
Sexual orientation,
Sodomy
Country:
United States Year: 1987
Court: Inter-American Commission on Human Rights
Citation: Application No. 9213; OEA/Ser.L/V/II.71, Doc. 9 rev.1, 184, 22 September 1987
Health Topics:
Disabilities,
Hospitals,
Mental health Human Rights: Right to health,
Right to liberty and security of person,
Right to life Facts: The Richmond Hill Insane Asylum in Grenada was bombed by military aircraft belonging to the United States in 1983. Petitioners, including Disabled Peoples’ International, presented the names of sixteen persons who were killed and six who were injured and claimed that the deaths and physical injuries of the mental patients were caused by purposeful armed …Read more
Tags: Armed conflict,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Military