Zierd v. Germany
Country: GermanyYear: 2014
Court: The European Court of Human Rights
Citation: App. No. 75095/11
Health Topics: Health care and health services, Hospitals, Medicines, Mental health
Human Rights: Right to bodily integrity
Ms. Rosel Zierd filed an application claiming that the psychiatric medication administered against her late son’s will violated her own and her late son’s Convention rights. On May 31, 2006, Ms. Zierd’s son, H, was found by the Meiningen Regional Court to have committed a number of traffic offenses, including involuntary manslaughter. The court determined …Read more
B. v. Romania (no. 2)
Country: RomaniaYear: 2013
Court: European Court of Human Rights
Citation: Application No. 1285/03
Health Topics: Disabilities, Informed consent, Mental health
Human Rights: Right to family life, Right to privacy
The applicant, M.B., filed a complaint with the European Court of Human Rights for a violation of (1) laws concerning compulsory admission to psychiatric hospitals and (2) laws concerning decisions in child-rearing where the parent or guardian’s mental capacity is in question. M.B. was diagnosed in 2000 with paranoid schizophrenia. As a result of her …Read more
Case EAND/0895/02/13
Country: ArmeniaYear: 2013
Court: Civil Court of Appeal [Հայաստանի Հանրապետության Վերաքննիչ քաղաքացիական դատարան]
Citation: Case № ԵԱՆԴ/0895/02/13
Health Topics: Health care and health services, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The appellant, Zhuleta Amarikyan, was compulsorily committed to inpatient psychiatric treatment on the request of the head of the psychiatric clinic. Amarikyan was diagnosed with acute delirium syndrome and was described as being a danger to herself and others and unable to control her actions. At the time of the trial of Amarikyan’s commitment, Amarikyan …Read more
Petukhova v. Russia
Country: RussiaYear: 2013
Court: European Court of Human Rights
Citation: Application No. 28796/07
Health Topics: Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Applicant, Petukhova, argued that she was deprived of her liberty when she was forced to have an involuntary examination. She alleged that this violated Article 5 § 1 (b) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”), which protects the right to liberty and security of person. In December 2005, …Read more
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
Bures v The Czech Republic
Country: Czech RepublicYear: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1819
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Hospitals, Informed consent, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
This case concerned an application against the Czech Republic lodged with the European Court of Human Rights (ECHR) under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The applicant alleged that he was ill-treated in a sobering-up centre in violation of Article 3 of the Convention, and …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 v. Ukraine
Country: UkraineYear: 2012
Court: European Court of Human Rights
Citation: Application No. 2452/04
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to liberty and security of person
The applicant was hospitalized for mental illness four times between 1999 and 2006. The first time, the applicant received in-patient treating in a state-run hospital. In 2000, the applicant was registered as a person with potential mental problems with the Odessa Region Psychoneurological Dispensary. Three years later, the applicant was again involuntarily hospitalized. A doctor …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