65 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

Centre for Health, Human Rights and Development & Anr. v. Attorney General

Country: Uganda
Year: 2018
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 094 of 2015
Health Topics: Disabilities, Health care and health services, Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to health, Right to liberty and security of person, Right to privacy, Right to water and sanitation
Facts:

The plaintiff stated that the Butabika Hospital is the only public psychiatric hospital under the Ministry of Health in Uganda. Further it is the only mental referral hospital and cases referred to it by other health facilities are of acute conditions, which require a specialized and skilled management. A part of the procedure in the …Read more

Tags: Bipolar, Cleanliness, Compulsory confinement, Cruel treatment, Degrading treatment, Depression, Humiliating treatment, Involuntary confinement, Isolation, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Psychology, Psychosis, Trauma
Download Judgment: English

Nelson v. Livermore

Country: Canada
Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 712
Health Topics: Health care and health services, Informed consent, Mental health, Prisons, Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

Rodney Nelson sought judicial review of his involuntary admission to a psychiatric hospital under Ontario’s Mental Health Act (“MHA”) and an order for his immediate release due to rights infringements. Nelson had a lengthy history of crimes with many violent offences, including sexual offences against women and children. A psychiatrist completed an application for psychiatric …Read more

Tags: Assault, Compulsory confinement, Compulsory treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Examination, Forced treatment, Health regulation, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Involuntary confinement, Involuntary treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychosis, Rape
Download Judgment: English

Lazariu v. Romania

Country: Romania
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 31973/03
Health Topics: Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant, a lawyer, was accused of inciting false testimony from witnesses involved in several sets of criminal proceedings. Upon presenting herself to the prosecutor’s office, she was prevented from leaving and eventually taken to a psychiatric hospital. The government alleged that the applicant was detained after she refused to review the criminal file against …Read more

Tags: Compulsory commitment, Compulsory confinement, Involuntary commitment, Involuntary confinement, Law enforcement, Mandatory confinement, Mental competence, Mental institution, Police
Download Judgment: English

A.X. -v- The Mental Health Tribunal & Anr.

Country: Iceland
Year: 2014
Court: High Court of Ireland
Citation: [2014] IEHC 592
Health Topics: Hospitals, Informed consent
Human Rights: Right to health, Right to liberty and security of person
Facts:

This is a case about the applicant challenging an order from Mental Health Tribunal (“the Tribunal”) that demanded her involuntary admission to St. John of God’s Hospital (“the Hospital”) for treatment of a mental disorder. On April 28th, 2014, a member of An Garda Síochána detained the applicant because there were sufficient grounds to believe …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory testing, Compulsory treatment, Confinement, Health facilities, Involuntary commitment, Involuntary examination, Involuntary testing, Involuntary treatment, Mandatory examination, Mandatory testing, Mandatory treatment, Mental disorder, Mental institution, Non-consensual testing and treatment, Unauthorized treatment
Download Judgment: English

Atudorei v. Romania

Country: Romania
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 50131/08
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to liberty and security of person, Right to privacy
Facts:

Atudorei, a Romanian citizen, alleged that, from an early age, she has been subjected to continued physical and psychological abuse by her parents. The abuse had escalated after they discovered that she attended yoga classes organised by the Movement for Spiritual Integration into the Absolute (MISA), an organisation that was targeted by the police and …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Forced examination, Forced treatment, Health care professionals, Health care workers, Involuntary commitment, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mandatory confinement, Non-consensual testing and treatment, Unauthorized treatment
Download Judgment: English

Aurnhammer v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 36356/10
Health Topics: Health care and health services, Hospitals, Medicines, Mental health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
Facts:

On August 19, 2004, Mr. Veit Aurnhammer was convicted by the Regensburg Juvenile District Court of causing bodily harm and damage to property after he struck two ticket collectors in the face when they tried to prevent him from evading ticket controls. Aurnhammer was further convicted of dangerous bodily injury after attacking his sleeping cellmate …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Psychiatry, Schizophrenia
Download Judgment: English

XX v. WW and Middle South Area Mental Health Service

Country: Australia
Year: 2014
Court: Supreme Court of Victoria
Citation: [2014] VSC 564
Health Topics: Informed consent, Mental health
Human Rights: Right to liberty and security of person, Right to privacy
Facts:

XX, a mental health patient, had been detained and treated against her will at a treatment center under an Involuntary Treatment Order (“ITO”) in August 2013. The ITO was revoked by the Mental Health Review Board (“Board”). Following XX’s return to the ward, conversations with staff and an assessment by a psychiatric nurse, WW recommended …Read more

Tags: Bipolar, Compulsory commitment, Compulsory confinement, Compulsory treatment, Forced treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory confinement, Patient choice
Download Judgment: English

Zierd v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 75095/11
Health Topics: Health care and health services, Hospitals, Medicines, Mental health
Human Rights: Right to bodily integrity
Facts:

Ms. Rosel Zierd filed an application claiming that the psychiatric medication administered against her late son’s will violated her own and her late son’s Convention rights. On May 31, 2006, Ms. Zierd’s son, H, was found by the Meiningen Regional Court to have committed a number of traffic offenses, including involuntary manslaughter. The court determined …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Suicide
Download Judgment: English

B. v. Romania (no. 2)

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 1285/03
Health Topics: Disabilities, Informed consent, Mental health
Human Rights: Right to family life, Right to privacy
Facts:

The applicant, M.B., filed a complaint with the European Court of Human Rights for a violation of (1) laws concerning compulsory admission to psychiatric hospitals and (2) laws concerning decisions in child-rearing where the parent or guardian’s mental capacity is in question. M.B. was diagnosed in 2000 with paranoid schizophrenia. As a result of her …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Counselling, Disabled, Forced examination, Handicapped, Incapacity, Incompetence, Informed choice, Involuntary commitment, Involuntary confinement, Involuntary examination, Mandatory commitment, Mandatory confinement, Mandatory examination, Mental competence, Mental disability, Mental disorder, Mental illness, Paranoia, Patient choice, Schizophrenia
Download Judgment: English