72 judgments found.

Waitemata Health v. Attorney-General

Country: New Zealand
Year: 2001
Court: Court of Appeal
Citation: [2001] NZCA 312; [2001] NZFLR 1122; (2001) 21 FRNZ 216
Health Topics: Mental health, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The appellant, H, had a history of sexually violent behavior toward women, and he experienced his first imprisonment and compulsory treatment order in 1998. H had been receiving treatment at the Mason Clinic since prisoners were not permitted outpatient community treatment. In 1999, H completed his prison sentence, but none of his physicians initiated proceedings …Read more

Tags: Community-based care, Compulsory commitment, Involuntary commitment, Mandatory commitment, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology, Sexual abuse, Sexual assault, Sexual violence, Sociopath, Threat of violence, Violence against women
Download Judgment: English

Case 240-2000

Country: El Salvador
Year: 2000
Court: Supreme Court
Citation: No. 240-2000
Health Topics: Hospitals, Mental health
Human Rights: Right to liberty and security of person
Facts:

The petitioner challenged an order by the lower court allowing his continued detention in a psychiatric hospital. A psychiatrist who had examined him stated that he could make a full recovery through outpatient treatment and did not need to remain detained. The lower court had upheld his detention because he was diagnosed with undifferentiated schizophrenia …Read more

Tags: Compulsory commitment, Compulsory confinement, Health facilities, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Psychiatry, Schizophrenia
Download Judgment: English Spanish

Croke v.Ireland

Country: Ireland
Year: 2000
Court: The European Court of Human Rights
Citation: [2000] EHCR 33267/96
Health Topics: Health care and health services, Hospitals, Mental health
Human Rights: Right to liberty and security of person
Facts:

The applicant, Mr. Croke filed a complaint under Article of the European Convention on Human Rights about the absence of an independent and automatic review prior to or immediately after his initial detention in a psychiatric hospital and about the absence of a periodic, independent and automatic review of his detention thereafter. In the early …Read more

Tags: Compulsory commitment, Compulsory confinement, Heath facilities, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental illness, Mental institution, Psychiatry. Mental disorder
Download Judgment: English

Kudla v. Poland

Country: Poland
Year: 2000
Court: European Court of Human Rights
Citation: App. No. 30210/96, 35 Eur. H.R. Rep. 198 (2000).
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial
Facts:

Applicant, a Polish national suffering from chronic depression, alleged violations of Articles 3 (prohibition of torture), 5.3 (trial within a reasonable time), 6.1 (unreasonably long proceedings), and 13 (effective remedy) of the European Convention on Human Rights (ECHR). The applicant was in detention for fraud charges. While in prison, he attempted suicide twice and went …Read more

Tags: Access to health care, Access to treatment, Compulsory commitment, Compulsory confinement, Counseling, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Depression, Detainee, Detention, Examination, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Involuntary confinement, Jail, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Prison conditions, Psychiatry, Psychology, Suicide, Torture

Varbanov v. Bulgaria

Country: Bulgaria
Year: 2000
Court: European Court of Human Rights
Citation: App. No. 31365/96, Eur. Ct. H.R. 457 (2000).
Health Topics: Health care and health services, Health systems and financing, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Applicant was accused of being mentally ill and dangerous. The District Prosecutor’s Office opened an inquiry. A police officer heard the applicant, who allegedly presented a document issued by a psychiatrist certifying that he was mentally fit. Later applicant refused an invitation by the prosecutor to undergo psychiatric examination therefore he was forcefully detained at …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Forced examination, Forced treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory testing, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Paranoia, Psychiatry
Download Judgment: English French

Reid v. Secretary of State for Scotland

Country: United Kingdom
Year: 1999
Court: House of Lords
Citation: [1999] 1 All ER 481
Health Topics: Hospitals, Mental health, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Hutchison Reid, the respondent, was convicted of culpable homicide in 1967. He was made the subject of a hospital order and a restriction order without any time limit under the Criminal Procedure (Scotland) Act 1955 (the Criminal Procedure Act). A restriction order under the Criminal Procedure Act could only be made if the person posed …Read more

Tags: Compulsory commitment, Involuntary commitment, Mandatory commitment, Mental disorder, Mental illness, Mental institution, Psychology, Psychosis, Public hospitals, Sexual violence
Download Judgment: English

Winko v British Columbia (Forensic Psychiatric Institute)

Country: Canada
Year: 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
Facts:

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

Tags: Assault, Compulsory commitment, Compulsory confinement, Freedom from discrimination. TAGS: Health facilities, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychosis, Public hospitals, Right to bodily integrity, Schizophrenia
Download Judgment: English

In re L (by his next friend GE)

Country: United Kingdom
Year: 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
Facts:

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

Tags: Compulsory commitment, Compulsory confinement, Emergency care, Health care professionals, Health care workers, Health facilities, Health regulation, Incapacity, Incompetence, Informed choice, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental institution, Mental retardation, Patient choice
Download Judgment: English

St. George’s Healthcare NHS Trust v. S

Country: United Kingdom
Year: 1998
Court: Court of Appeal
Citation: [1998] 3 All ER 673, (1998) 2 CHRLD 323
Health Topics: Hospitals, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

S, who was 36 weeks pregnant, was diagnosed with severe pre-eclampsia, a life-threatening condition of pregnancy characterized by high blood pressure, and with moderate depression. She was advised that her health and her life, and that of her baby, were in real danger and that she needed to be admitted immediately to hospital for an induced …Read more

Tags: Caesarian, Childbirth, Compulsory treatment, Depression, Eclampsia, Forced treatment, Health facilities, Involuntary examination, Involuntary treatment, Mandatory commitment, Maternal health, Non-consensual testing and treatment, Patient choice, Pregnancy, Unauthorized treatment
Download Judgment: English

Silva Rocha v. Portugal

Country: Portugal
Year: 1996
Court: European Court of Human Rights
Citation: Application No. 82/1995/588/674
Health Topics: Mental health, Public safety
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Silva Rocha (S) was remanded in custody after a dispute with a neighbor following which the latter died. He was committed for trial on charges of aggravated homicide and illegal possession of weapons and the criminal court found in July 1990 that the established facts constituted these offences. However, it concluded from the medical evidence …Read more

Tags: Compulsory commitment, Insanity, Involuntary commitment, Mandatory commitment, Mental illness, Mental institution, Threat of violence
Download Judgment: English