Re SB
Country: United KingdomYear: 2013
Court: Court of Protection
Citation: [2013] EWHC 1417 (COP)
Health Topics: Hospitals, Informed consent, Medicines, Mental health, Sexual and reproductive health
A pregnant 37-year-old woman diagnosed with bipolar disorder was compulsorily detained under Section 2 of the Mental Health Act 1983. She had been on and off medication for 8 years and had suffered both remissions and relapses, due to which she was detained at various times in Italy, France and in England where she currently …Read more
Thompson, et al. v. Ontario
Country: CanadaYear: 2013
Court: Ontario Superior Court of Justice
Citation: 2013 ONSC 5392
Health Topics: Health care and health services, Health systems and financing, Mental health, Public safety
Human Rights: Freedom from discrimination, Right to life
The Court examined the constitutionality of Brian’s Law, which was passed in 2000 after a man named Brian Smith was fatally shot by an untreated schizophrenic. The law included expanded committal criteria and allowed for involuntary admission for individuals who had experienced “substantial mental deterioration,”even if they were not necessarily a danger to others. In …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.S. v. The United Kingdom
Country: United KingdomYear: 2012
Court: European Court of Human Rights
Citation: Application no. 24527/08
Health Topics: Health systems and financing, Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
After sounding a car horn repeatedly and behaving in a highly agitated manner, the applicant was arrested by police in Birmingham, United Kingdom. It was determined that before his arrest, the man had inflicted serious injury upon his aunt at his residence. He was detained under section 136 of the Mental Health Act, which allows …Read more
R v. DAI
Country: CanadaYear: 2012
Court: The Supreme Court of Canada
Citation: [2012] SCC 5
Health Topics: Disabilities, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The Crown alleged that the complainant, a 26-year-old woman with the mental age of a three to 6-year-old was repeatedly sexually assaulted by her mother’s partner D.A.I during the four years that he lived in their home. The Crown sought to call the complainant to testify about the alleged assaults. The trial judge found that …Read more
Stanev v. Bulgaria
Country: BulgariaYear: 2012
Court: European Court of Human Rights
Citation: Application no. 36760/06
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Mental health, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
S, an adult male diagnosed with schizophrenia, lived for many years with his half-sister and step-mother, his closest living relatives, before they applied in 2000 to the Ruse Regional Court to have S declared legally incapacitated. The court declared S only partially incapacitated. S’s family refused to accept guardianship for S, and the court instead …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
Carl Peter Erdliner v. Government of Rwanda
Country: RwandaYear: 2010
Court: High Court at Kigali
Citation: Case N° RPA 0646/10/HC/KIG
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Mental health, Prisons
Human Rights: Freedom of expression, Right to due process/fair trial, Right to health
The appellant brought this appeal of a decision by the GASABO Intermediate Court that ordered his pre-trial detention for thirty days. The appellant appealed on multiple procedural grounds and also alleged that the lower court failed to properly appreciate the impact of his medical condition in determining whether pre-trial detention was appropriate. The Prosecution alleged …Read more
VM v. RIDCA Central (Regional Intellectual Disability Care Agency)
Country: New ZealandYear: 2009
Court: High Court
Citation: [2009] NZHC 545
Health Topics: Mental health, Public safety
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person
The appellant, VM, challenged a renewal of her detention under a compulsory care order governed by the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (the “Act”). In 2005, the appellant was charged with possession of a knife in a public place when she became fixated on one of her care workers and showed up …Read more
Cumming v. The Queen
Country: New ZealandYear: 2008
Court: Supreme Court
Citation: [2008] NZSC 39
Health Topics: Mental health
Human Rights: Right to due process/fair trial
In 2002, the High Court convicted C on eight counts of sexual assault, including rape, unlawful sexual connection, and other offences against the person including detaining with intent to have sexual intercourse. C was subsequently sentenced to preventive detention. C conducted his own defense during the trial. The jury addressed its concerns about the manner …Read more