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
Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania
Country: RomaniaYear: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea. Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more
A.X. -v- The Mental Health Tribunal & Anr.
Country: IcelandYear: 2014
Court: High Court of Ireland
Citation: [2014] IEHC 592
Health Topics: Hospitals, Informed consent
Human Rights: Right to health, Right to liberty and security of person
This is a case about the applicant challenging an order from Mental Health Tribunal (“the Tribunal”) that demanded her involuntary admission to St. John of God’s Hospital (“the Hospital”) for treatment of a mental disorder. On April 28th, 2014, a member of An Garda Síochána detained the applicant because there were sufficient grounds to believe …Read more
Atudorei v. Romania
Country: RomaniaYear: 2014
Court: European Court of Human Rights
Citation: Application No. 50131/08
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to liberty and security of person, Right to privacy
Atudorei, a Romanian citizen, alleged that, from an early age, she has been subjected to continued physical and psychological abuse by her parents. The abuse had escalated after they discovered that she attended yoga classes organised by the Movement for Spiritual Integration into the Absolute (MISA), an organisation that was targeted by the police and …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
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
Sykora v. Czech Republic
Country: Czech RepublicYear: 2012
Court: European Court of Human Rights
Citation: Application No. 23419/07; [2012] ECHR 1960
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Milan Sykora, a Czech national, suffered from a psycho-social disability and did not take his medication because he claimed it negatively affected his eyesight. In November 2000 the Brno Municipal Court deprived Sykora of his capacity to make legal decisions after he failed to collect his pension for four years. The decision was made based …Read more
Case 2012/B/1991
Country: HungaryYear: 2011
Court: Constitutional Court
Health Topics: Health care and health services, Infectious diseases, Informed consent
Human Rights: Right to bodily integrity, Right to health, Right to life
The petitioner sought a declaration of the unconstitutionality and annulment of a Minister of Health Decree which required mandatory lung screening. This initial Minister of Health Decree was overruled by a Decree of the Minister of Public Welfare (the “challenged Decree”) which regulated “mandatory screening of epidemiological interest content wise”, (it was aimed at detecting cases of …Read more