Case 289793
Country: FranceYear: 2009
Court: Conseil d’Etat (Council of State)
Citation: C.E., No. 289793, 10 April 2009
Health Topics: Health information, Mental health
Human Rights: Right of access to information
Mr A suffered from psychiatric illness and was hospitalised against his will under a guardianship order in 1990 and 1996. His case was later transferred to a doctor chosen by him – Dr B, and all medical records were sent on to Dr B. Mr A later sought to obtain a copy of the entirety …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
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
Stuart v. Kirkland-Veenstra
Country: AustraliaYear: 2009
Court: High Court
Citation: 237 CLR 215; 83 ALJR 623; 254 ALR 432; [2009] HCA 15
Health Topics: Mental health
Human Rights: Right to bodily integrity
In this matter two police officers and the State of Victoria were being sued by Tania Kirkland-Veenstra, the spouse of a man who committed suicide. The claim was a breach of their statutory duty of care to both herself and the deceased. The two police officers found Mr. Veenstra in a park, where he was …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
M.J.R. s/insanía
Country: ArgentinaYear: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S.C. February 19, 2008, "M.J.R. s/ insanía"
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
On June 4, 1982 M.J.R. , a minor, accused of aggravated murder, was declared unpunishable by law by the National Criminal Examining Court of First Instance number 16, which determined he had to remain in hospital as a safety measure. On July 11, 1983, the advisor on minors filed a process of disability to the …Read more
Savage v. South Essex Partnership NHS Foundation Trust
Country: United KingdomYear: 2008
Court: House of Lords
Citation: [2008] UKHL 74
Health Topics: Hospitals, Medical malpractice, Mental health
Human Rights: Right to life
In July 2004 CS was being treated as a detained patient at Runwell Hospital under the Mental Health Act. She absconded and went on to commit suicide by throwing herself in front of a train. A public inquest was held and concluded that the precautions in place at the hospital were inadequate. S, the daughter …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
Case 13-P
Country: RussiaYear: 2007
Court: Constitutional Court
Citation: No. 13-P. Concerning the Constitutionality of Sections 402, 433, 437, 438, 439, 441, 444 and 445 of the Code of Criminal Procedure of the Russian Federation
Health Topics: Mental health
Human Rights: Freedom from discrimination, Right to due process/fair trial
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
Sestan v. Director of Area Mental Health Services Waitemata District Health Board
Country: New ZealandYear: 2006
Court: Court of Appeal
Citation: [2006] NZCA 350; [2007] 1 NZLR 767
Health Topics: Health care and health services, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Mr. Sestan had depression and bipolar/schizoaffective disorder, which included manic stages where he would be psychotic. He had been admitted to hospital for his condition numerous times. After a suspected manic episode where Mr. Sestan attempted to force another car off the road and bought two apartment, Mr. Sestan went to the emergency department for …Read more