XX v. WW and Middle South Area Mental Health Service
Country: AustraliaYear: 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
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 The ITO was revoked by the Mental Health Review Board (“Board”).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
Case EAND/0895/02/13
Country: ArmeniaYear: 2013
Court: Civil Court of Appeal [Հայաստանի Հանրապետության Վերաքննիչ քաղաքացիական դատարան]
Citation: Case № ԵԱՆԴ/0895/02/13
Health Topics: Health care and health services, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The appellant, Zhuleta Amarikyan, was compulsorily committed to inpatient psychiatric treatment on the request of the head of the psychiatric clinic. Amarikyan was diagnosed with acute delirium syndrome and was described as being a danger to herself and others and unable to control her actions. At the time of the trial of Amarikyan’s commitment, Amarikyan …Read more
Bures v The Czech Republic
Country: Czech RepublicYear: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1819
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Hospitals, Informed consent, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
This case concerned an application against the Czech Republic lodged with the European Court of Human Rights (ECHR) under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The applicant alleged that he was ill-treated in a sobering-up centre in violation of Article 3 of the Convention, and …Read more
Centre for Addiction and Mental Health v. Ontario
Country: CanadaYear: 2012
Court: Ontario Court of Appeal
Citation: 2012 ONCA 342
Health Topics: Hospitals, Informed consent, Mental health, Prisons
Human Rights: Right to liberty and security of person
The Centre for Addition and Mental Health (CAMH) and the Mental Health Centre Penetanguichene (MHCP)appealed an order by the Mental Disorder Court to send a person accused of sexual assault to a hospital for psychiatric treatment. The judge knew that beds for treatment would not be available until six days later. The appeal was on …Read more
M v. Ukraine
Country: UkraineYear: 2012
Court: European Court of Human Rights
Citation: Application No. 2452/04
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to liberty and security of person
The applicant was hospitalized for mental illness four times between 1999 and 2006. The first time, the applicant received in-patient treating in a state-run hospital. In 2000, the applicant was registered as a person with potential mental problems with the Odessa Region Psychoneurological Dispensary. Three years later, the applicant was again involuntarily hospitalized. A doctor …Read more
N.B. v Slovakia
Country: SlovakiaYear: 2012
Court: European Court of Human Rights
Citation: N.B. v Slovakia, App. No. 29518/10, Eur. Ct. H.R. (2012).
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Informed consent, Medical malpractice, 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 family life
Ms. N.B. was of Roma ethnic origin. She was sterilized at a public hospital, at the age of 17, during the birth of her second child. Ms. N.B. asserted that she had been coerced into signing authorizations for her sterilization, that she was segregated within the hospital due to her ethnicity and that the decision …Read more
Sykora v. Czech Republic
Country: Czech RepublicYear: 2012
Court: European Court of Human Rights
Citation: Application No. 23419/07; [2012] ECHR 1960
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Milan Sykora, a Czech national, suffered from a psycho-social disability and did not take his medication because he claimed it negatively affected his eyesight. In November 2000 the Brno Municipal Court deprived Sykora of his capacity to make legal decisions after he failed to collect his pension for four years. The decision was made based …Read more
Antunovic v. Dawson and Anr.
Country: AustraliaYear: 2010
Court: Supreme Court of Victoria
Citation: (2010) 30 VR 355; [2010] VSC 377
Health Topics: Informed consent, Mental health
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Zeljka Antunovic, 35 years of age, suffered from a mental illness for which she was treated involuntarily under a community treatment order issued pursuant to the Mental Health Act of 1986. She lived at the Northfolk Terrace Community Center Unit for some time before deciding she wished to return home to live with her mother. …Read more
Case 5299/2010
Country: SpainYear: 2010
Court: Supreme Court of Justice of Castilla-Leon
Citation: STSJCL 5299/2010
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
The appellant gave birth in the Hospital Universitario of Salamanca to a child born with shoulder dystocia. She brought an administrative claim against the relevant insurance company, requesting compensation in the amount of 140,036.65 Euros. She based her claim on the facts that (a) her baby’s medical history was not completed but only included gynecologist …Read more
JCAG 362/2010
Country: SpainYear: 2010
Court: Administrative Litigation Chamber of Granada
Health Topics: Child and adolescent health, Disasters and emergencies, Infectious diseases, Informed consent, Medicines, Public safety
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
An outbreak of measles occurred in the city of Granada, beginning on October 9, 2010, with two children in the neighborhood of Albaycín. Due to low vaccination coverage among children in the neighborhood, especially those attending the public school Colegio Público Gómez Moreno, the disease spread. By November 18th, 36 cases had been reported. In …Read more