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

Ablamskiy, Lobashova and Matveev were approved for compulsory medical treatment or institutionalization after psychiatric examinations, and were thus not allowed to appeal their compulsory medical measures or participate in their criminal proceedings. They argued that the procedural rules governing the due process rights of individuals declared mentally incompetent were unconstitutional under the Constitution of the …Read more

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

The Appellant, Panetti, was convicted of capital murder in a Texas state court and sentenced to death. After the execution date was set, Panetti brought proceedings claiming that he was incompetent to be executed. The federal district court stayed Panetti’s execution in order to allow the state courts to adjudicate Panetti’s claim of mental incompetence. …Read more

The Petitioner, an elderly woman with diabetes, filed an action of amparo against the I.N.S.S.J.P, a public entity devoted to the provision of public health insurance to retired people. She requested the judiciary to order the Respondent to provide her 100U of human insulin, reactive tape and disposable syringes, as well as the medicine “Ampliactil” …Read more

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

The applicant, Ms. Kolanis, was convicted of a crime and found to be suffering from mental illness pursuant to the Mental Health Act 1983. Her application to reside at home was upheld by the Tribunal, which ordered her conditional discharge provided she live at home with her parents, be supervised by a social worker and …Read more

H challenged the provision of the Mental Health Act 1983 under which she was detained as incompatible with her right to liberty and security under Human Rights Act 1998. H was a 32-year old woman who was severely disabled by Down’s syndrome. H’s mother intensely distrusted health and social services, and refused on many occasions …Read more

O.M. is a Mexican woman who left her newborn son in a garbage can in the municipal headquarters of Santa Clara del Cobre after having given labor in the public restrooms. The woman placed toilet paper on the newborn child’s mouth cavity and nostrils to prevent others from hearing the newborn child cry, cut his …Read more

The Court issued this decision in response to numerous petitions challenging the constitutionality of the sections of the Act CLIV of 1997 on Healthcare pertaining to the treatment of psychiatric patients, especially those with limited disposing capacity. One petitioner objected to the provision of the AH which allowed a therapist to use the assistance of …Read more