L v. RIDCA Central (Regional Intellectual Disability Care Agency)
Country: New ZealandYear: 2010
Court: High Court
Citation: HC WN CIV-2010-485-1279
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The claimant (L), a 45-year-old woman with an intellectual disability, appealed a decision by the Family Court which had ordered a 12-month extension to the compulsory care order that L was under. The care order had been initially ordered under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (“IDCCR Act”) because of L’s violent …Read more
R v. Conway
Country: CanadaYear: 2010
Court: The Supreme Court of Canada
Citation: 2010 SCC 22
Health Topics: Hospitals, Mental health, Public safety, Violence
Human Rights: Freedom of movement and residence, Right to liberty and security of person
The accused was found not guilty by reason of insanity on a charge of sexual assault with a weapon in 1983. He was subsequently detained in numerous mental health facilities. Before his annual review hearing in 2006 was held, the accused alleged that the centre in which he was detained had violated his constitutional rights …Read more
R. v. Hneihen
Country: CanadaYear: 2010
Court: Ontario Superior Court of Justice
Citation: 2010 ONSC 5353
Health Topics: Health care and health services, Hospitals, Mental health, Prisons
Human Rights: Right to liberty and security of person
Mr. Hneihen was found not criminally responsible by reason of mental disorder (NCRMD), in relation to several criminal charges. The trial judge ordered that Mr. Hneihen be detained at the Centre for Addiction and Mental Health (CAMH) pending review by the Ontario Review Board (ORB), an independent tribunal that oversees individuals unfit to stand trial …Read more
RIDCA Central (Regional Intellectual Disability Care Agency) v. VM
Country: New ZealandYear: 2010
Court: Court of Appeal
Citation: [2010] NZCA 213
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
An order for compulsory care had been made for V.M. for two years, which was extended for an additional two years under s 85 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (“IDDCR Act”). On appeal, the High Court found that the Family Court should not have granted the extension and quashed the …Read more
Seaton v. Mayberg
Country: United StatesYear: 2010
Court: 9th Circuit Court of Appeal
Citation: 610 F.3d 530 (2010)
Health Topics: Health information, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
The Appellant, Seaton, an inmate, brought suit against the director of the California Department of Mental Health, the administrator of a state hospital, and two psychologists, alleging that they violated his constitutional right to privacy when they examined and communicated their opinions about his medical records to the district attorney’s office in the period before …Read more
STC 132/2010
Country: SpainYear: 2010
Court: Constitutional Court
Health Topics: Child and adolescent health, Disabilities, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
A citizen appeared in the court of first instance, asking for judicial authorization to commit her uncle to a psychiatric hospital due to his mental disorders and alcoholism, in accordance with the first and second paragraphs of Article 763.1 of Law 1/2000 of the civil procedure code (“Art. 763.1”). The court of first instance remanded …Read more
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