JD (FC) v. East Berkshire Community Health NHS Trust and Ors.
Country: United KingdomYear: 2005
Court: House of Lords
Citation: [2005] UKHL 23
Health Topics: Child and adolescent health, Medical malpractice, Mental health, Violence
Human Rights: Right to due process/fair trial
JD and MAK, parents of children with severe medical conditions, were wrongly suspected of child abuse through the misdiagnosis of their children by doctors. The ensuing investigation was conducted negligently. Each parent in consequence suffered psychiatric disorder and their family life was disrupted and they issued proceedings against the respective health authorities and individual doctors …Read more
Maria da Penha Maia Fernandes v. Brazil
Country: BrazilYear: 2001
Court: Inter-American Commission on Human Rights
Citation: Maria da Penha Maia Fernandes v. Brazil, Case 12.051, Inter-Am. Comm’n H.R., Report No. 54/01, OEA/Ser./L/V/II.111 doc. 20 rev. (2001).
Health Topics: Mental health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to life
Maria da Penha Maia Fernandes was physically abused by her husband, Mr. Heredia Viveiros, for many years. In May 1983, he shot her while she was sleeping in an attempt to murder her. She survived but sustained serious injuries and became paraplegic. Two weeks after the shooting, he attacked her again and at that moment …Read more
R. v. Godoy
Country: CanadaYear: 1999
Court: Supreme Court
Citation: [1999] 1 R.C.S. 311
Health Topics: Violence
Human Rights: Right to life, Right to privacy
In June 1992 four police officers attended an apartment from which an unknown trouble call to the police had originated. An unknown trouble call is an emergency call to the police in which the line is disconnected before the caller speaks. Such calls are deemed by police policy to be the second highest priority distress …Read more
Johansen v. Norway
Country: NorwayYear: 1996
Court: European Court of Human Rights
Citation: Case No. 24/1995/530/616, August 7, 1996
Health Topics: Child and adolescent health, Controlled substances, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to family life
Johansen (J) gave birth to a son, C, in 1977 when she was seventeen years old and they became dependent on social assistance. From 1980 onwards she cohabited with a man who was sentenced to two years’ imprisonment for drug offences in 1983 and who mistreated her and C. The welfare authorities assisted J on …Read more
Stubbings and Ors. v. United Kingdom
Country: United KingdomYear: 1996
Court: European Court of Human Rights
Citation: Application No. 22083/93; 22095/93
Health Topics: Child and adolescent health, Violence
Human Rights: Right to due process/fair trial, Right to privacy
Stubbings was born in 1957, placed in the care of Mr. and Mrs. W by a local authority when she was two years old, and adopted by them when she was three. She alleged that she was sexually assaulted by Mr. W and committed acts of indecency at his instigation on a number of occasions …Read more
Drbal v. Czech Republic
Country: Czech RepublicYear: 1994
Court: United Nations Human Rights Committee
Citation: Communication No 498/1992
Health Topics: Child and adolescent health, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to family life
Drbal (D) had not complied with a court order giving custody of his daughter to her mother because, in his view, she was mentally ill and aggressive. An attempt to take away the child by force had also failed. He complained about the bias of the court’s chairman and the disregard of the medical evidence …Read more
R v Swain
Country: CanadaYear: 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
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