A v. New Zealand
Country: New ZealandYear: 1999
Court: United Nations Human Rights Committee
Citation: U.N. Doc. CCPR/C/66/D/754/1997 (Aug. 3, 1999).
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The applicant had developed an obsession with a young woman he had met and had begun pursuing her persistently. He was convicted of assault after grabbing her by the wrists to make her stop and talk to him. He was subsequently examined by a psychiatrist and was diagnosed as having elements of a paranoid personality. …Read more
Olmstead v. L.C.
Country: United StatesYear: 1999
Court: Supreme Court
Citation: 527 U.S. 581 (1999)
Health Topics: Disabilities, Health care and health services, Hospitals, Mental health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to liberty and security of person
The Respondents, L. C. and E. W., both mentally disabled women, brought proceedings against the State alleging that the State’s failure to place them in a community-based program, after their treating professional had determined that such a placement was appropriate, violated Title II of the Americans with Disabilities Act of 1990 (ADA). Title II of …Read more
Winko v British Columbia (Forensic Psychiatric Institute)
Country: CanadaYear: 1999
Court: Supreme Court of Canada
Citation: [1999] 2 SCR 625
Health Topics: Hospitals, Mental health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity
The appellant was schizophrenic and was arrested for attacking pedestrians on the street with a knife. Prior to the incident he had been hearing voices. The appellant was charged with aggravated assault, assault with a weapon, and possession of a weapon for purposes dangerous to the public peace. He was found not criminally responsible (“NCR”) …Read more
In re L (by his next friend GE)
Country: United KingdomYear: 1998
Court: House of Lords
Citation: [1998] UKHL 24
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Mr. L was a mentally retarded person who was incapable of consenting to medical treatment. From the age of 13, he had been a resident at the Bournewood Hospital which was governed by the appellant, NHS Trust. Mr. L was discharged from the hospital on a trial basis into the community with paid carers, though …Read more
R v Bournewood Community and Mental Health Trust ex parte L (Secretary of State for Health & Ors intervening)
Country: United KingdomYear: 1998
Court: House of Lords
Citation: [1998] 3 All ER 289
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to liberty and security of person
L, who was profoundly mentally retarded and incapable of consenting to medical treatment, was admitted informally for in-patient treatment by an National Health Service Trust as he appeared fully compliant and did not resist admission. As a consequence the Trust avoided invoking the Mental Health Act regime. L applied, by his next friend, for judicial …Read more
Burnett v. Mental Health Tribunal
Country: AustraliaYear: 1997
Court: Supreme Court of Australian Capital Territory
Citation: [1997] ACTSC 310
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
This case involved a challenge to a decision of the Australian Capital Territory (ACT) Mental Health Tribunal. The ACT Supreme Court set aside an order to detain and administer psychiatric treatment to Geraldine Patricia Burnett, a 38 year old woman who suffered from a mild psychotic disorder. Burnett had at various times been taken into …Read more
Johnson v. United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: App. No. 22520/93, 27 Eur. H.R. Rep. 296 (1999).
Health Topics: Health care and health services, Mental health, Prisons, Public safety
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to health, Right to liberty and security of person
Applicant was a British national suffering from mental illness whilst on prison remand in 1984. He had served sentences for various physical assault convictions. The court imposed a hospital order on the applicant and subjected him to a heightened restriction order for the protection of the public from serious harm under the 1983 Mental Health …Read more
Kay v. United Kingdom
Country: United KingdomYear: 1994
Court: European Commission on Human Rights
Citation: Application No. 17821/91
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The applicant, a British citizen, claimed violations of sections one and four of Article 5 of the European Convention on Human Rights (the “Convention”) related to his involuntary recall to medical detention by the Home Secretary. In 1970, the applicant raped and killed his twelve year old neighbor. In January of 1971, the applicant pled …Read more
Herczegfalvy v. Austria
Country: AustriaYear: 1992
Court: European Commission on Human Rights
Citation: App. No. 10533/83, Eur. Ct. H.R. 58 (1992).
Health Topics: Diet and nutrition, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to family life, Right to liberty and security of person
Applicant, a Hungarian national, served a prison sentence during which he assaulted prison officers, other detainees and threatened judges. He served a six-month pre-detention period in a facility for mentally ill offenders where he remained until his conditional release. He claims that his rights pursuant to Article 5 of the European Convention of Human Rights …Read more
Megyeri v. Germany
Country: GermanyYear: 1992
Court: European Court of Human Rights
Citation: App. No. 13770/88, 15 Eur. H.R. Rep. 584 (1993).
Health Topics: Health care and health services, Mental health
Human Rights: Right to due process/fair trial, Right to health, Right to liberty and security of person
The applicant, a Hungarian citizen living in Germany, was detained in a psychiatric hospital based on the finding that he had performed acts which constituted criminal offences but for which he could not be held responsible because he was mentally disabled. The applicant instituted numerous proceedings concerning the review of his detention without representation by …Read more