Jehovah’s Witnesses of Moscow and Others v. Russia
Country: RussiaYear: 2010
Court: European Court of Human Rights
Citation: Application No. 302/02
Health Topics: Health care and health services, Informed consent
Human Rights: Freedom from discrimination, Freedom of association, Freedom of religion
On March 26, 2004, the District Court of Moscow upheld a claim to dissolve the religious community of Jehovah’s Witnesses in Moscow (“Community”) and imposed a permanent ban on its activities. The court upheld the claim on various the grounds, which included charges that the Community encouraged its members to commit suicide and/or refused medical …Read more
A.C. v. Manitoba
Country: CanadaYear: 2009
Court: Supreme Court
Citation: [2009] 2 R.C.S.; 2009 SCC 30
Health Topics: Child and adolescent health, Informed consent
Human Rights: Freedom of religion, Right to bodily integrity, Right to liberty and security of person
A.C., a child and a Jehovah’s Witness, suffered from Crohn’s disease. She had signed an advance medical affidavit containing her instructions not to be given blood under any circumstances. At the age of 14, she was admitted to hospital and refused to consent to the receipt of blood. The Director of Child and Family Services …Read more
Case 53-O09-81
Country: RussiaYear: 2009
Court: Supreme Court
Health Topics: Informed consent, Mental health, Public safety
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person
O. was released from criminal responsibility for violating Article 105 of the Criminal Code of the Russian Federation (relating to a contract killing) because the Supreme Court of the Republic of Bashkortostan determined that O. had committed the act in a state of insanity. O. was sentenced to compulsory outpatient observance and treatment by a …Read more
K.H. and Others v. Slovakia
Country: SlovakiaYear: 2009
Court: European Court of Human Rights
Citation: App. No. 32881/04, 49 Eur. Ct. H.R. 34 (2009).
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life
The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more
Kracke v. Mental Health Review Board & Anor (No. 2) (General)
Country: AustraliaYear: 2009
Court: Victorian Civil and Administrative Tribunal
Citation: [2009] VCAT 1548
Health Topics: Informed consent, Mental health
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 liberty and security of person, Right to privacy
The petitioner, Kracke, was mentally ill and was being subjected to medical treatment without his consent. He was required to take drugs with adverse side effects and had been trying unsuccessfully to convince the medical authorities to let him stop taking them. The drugs were being administered under treatment orders issued pursuant to the Mental …Read more
Shtukaturov v. Russia
Country: RussiaYear: 2008
Court: European Court of Human Rights
Citation: App. No. 44009/05, Eur. Ct. H.R. (2008).
Health Topics: Informed consent, Mental health
Human Rights: 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
The applicant, Mr. Shtukaturov, was born in 1982 and first began showing signs of mental illness in 2002. In August 2002, he was held for approximately 8 months in a psychiatric hospital, receiving a diagnosis of simple schizophrenia. On August 3, 2004, Shtukaturov’s mother petitioned the Vasileostrovskiy District Court of St. Petersburg, claiming that her …Read more
E.B. v. X
Country: ItalyYear: 2007
Court: Supreme Court of Cassation
Citation: Case No. 21748/2007 of 16 October 2007
Health Topics: Diet and nutrition, Disabilities, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health, Right to life, Right to privacy
E.E., an adult, was in a car accident in 1992. As a result of this accident, she entered into an irreversible vegetative coma. E.E. was not clinically dead, defined as the “irreversible cessation of all encephalon functions,” but was clinically in a permanent vegetative state (PVS). She was kept alive through force-feeding by means of …Read more
Jalloh v. Germany
Country: GermanyYear: 2006
Court: European Court of Human Rights
Citation: App. No. 54810/00, 44 Eur. H.R. Rep. 32 (2007).
Health Topics: Controlled substances, Informed consent
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to privacy
Jalloh brought an action before the European Court of Human Rights (the Court), arguing that the administration of emetics by force by German officials had constituted a serious interference with his physical integrity and posed a serious threat to his health and life. Jalloh was a suspected drug dealer who was arrested by the police …Read more
Case 248357
Country: FranceYear: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°248357, 26 September 2005
Health Topics: Child and adolescent health, Disabilities, Informed consent, 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
In 2002, the ASSOCIATION AGAINST HANDIPHOBIA brought this challenge to Article L. 2123-2 of the Public Health Code, which allows for a guardian judge to impose contraception, sterilization and pregnancy termination on people with mental disabilities after rigorous review. The Association claimed the law was unconstitutional, a violation of the Declaration of the Rights of …Read more
Huitema v. PGK
Country: New ZealandYear: 2005
Court: Family Court
Citation: FAM-2005-009-003589
Health Topics: Mental health, Violence
Human Rights: Right to liberty and security of person
PGK, age 56, was convicted for a sexual violation and placed in a compulsory care facility pursuant to the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 for a period of three years. PGK has been in the care facility for the past 18 months. PGK has a history of sexual offenses and felonious behavior and …Read more