I.F. v. Mental Health Tribunal and Ors.
Country: IrelandYear: 2018
Court: Court of Appeal
Citation: [2018] IECA 101
The applicant, Ms. F, a woman in her early 60’s had a history of mental illness, was recommended by Ireland’s National Police and Security Service for an approved center (Mental Health Center), when it came to the fore that she has allegedly threatened her neighbor with a knife. The recommendation was made by a general …Read more
PBU v Mental Health Tribunal
Country: AustraliaYear: 2018
Court: Supreme Court of Victoria
Citation: [2018] VSC 564
Both the plaintiffs were diagnosed with schizophrenia and were ordered to undergo compulsory electroconvulsive treatment (ECT). The case arose from the plaintiffs’ appeal of the Victorian Civil and Administrative Tribunal’s (VCAT) order that they are administered ECT. VCAT made this decision pursuant to its findings that both individual plaintiffs lacked the capacity to give informed …Read more
Transgender Europe and ILGA-Europe v. the Czech Republic
Country: Czech RepublicYear: 2018
Court: European Committee of Social Rights
Citation: Complaint No. 117/2015
Transgender Europe and ILGA-Europe, the petitioners, filed a complaint before the European Committee of Social Rights (hereinafter “the Committee”). The plaintiffs alleged before the Committee that the situation in the Czech Republic was in breach of art.11 either alone or in light of the non-discrimination clause of the Preamble to the 1961 European Social Charter …Read more
Mwewa et al. v Zambia (Attorney General) et al.
Country: ZambiaYear: 2017
Court: High Court of Zambia
Citation: [2017] ZMHC 77
The petitioners, Gordon Maddox Mwewa, Mulima Santa Kasote, and Sylvester Katontoka were involuntarily detained in Chainama Hills Hospital following periods of mental health issues. Out of the three petitioners, Kasote and Katontoka were arrested and detained by police officers according to the Mental Disorders Act. They filed the petition before the High Court of Zambia …Read more
Thompson v Ontario (Attorney General)
Country: CanadaYear: 2016
Court: Ontario Court of Appeal
Citation: 2016 ONCA 676
The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more
Federation of Catholic Families in Europe v. Sweden
Country: SwedenYear: 2015
Court: European Committee of Social Rights
Citation: Complaint No. 99/2013
The complainant, Federation of Catholic Families in Europe (FAFCE), had alleged violation of Article 11 of the European Social Charter(hereinafter Charter) on the ground that the government of Sweden (hereinafter respondent) had failed to enact legislation or insufficient/poorly implement legislation governing the practice of conscientious objection by health care providers, which had led to discrimination …Read more
Dvořáček v. Czech Republic
Country:Year: 2014
Court: 2014
Citation: ECHR 328 (2014)
This case is concerned with the conditions surrounding the compulsory admission of the applicant, Mr. Dvořáček, to a psychiatric hospital to undergo, what the European Court of Human Rights described as, “protective sexological treatment”. The applicant was diagnosed with Wilson’s disease in 1999 and was also found to be afflicted with hebephilia owing to which …Read more
Gajewski v. Wilkie
Country: CanadaYear: 2014
Court: Ontario Court of Appeal
Citation: [2014] O.J. No. 6026
The Appellant, Mr. Bartosz Gajewski, was detained at the Centre for Addiction and Mental Health (hereinafter CAMH) in Toronto after he was found to be suffering from a mental disorder at his trial on the charges of assault and attempted kidnapping. After his admission into CAMH, the doctor proposed antipsychotic medication and provided information to …Read more
Government of the Republic of Namibia v. LM et al.
Country: NamibiaYear: 2014
Court: Supreme Court of Namibia
Citation: [2014] NASC 19
Health Topics: Health care and health services, Health information, HIV/AIDS, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
The respondents, three Namibian HIV positive pregnant women, were sterilized while undergoing emergency caesareans. The respondents each signed a consent form, which included consent to the caesarean operation and sterilization through bilateral tubal ligation (BLT) but claimed that they did not provide informed consent which is required for sterilization to be considered lawful. The first …Read more
Ediger v. Johnston
Country: CanadaYear: 2013
Court: Supreme Court of Canada
Citation: 2013 SCC 18
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to health
The plaintiff, Cassidy Ediger (C) suffered from persistent bradycardia (slow heartrate) during birth resulting in severe brain damage. During the delivery procedure, the doctor attempted a mid-level forceps procedure as C’s mother’s labour was not progressing. Dr. Johnston did not inform C’s mother of the risks involved in the procedure including bradycardia and hence did …Read more