Shtukaturov v. Russia
Country: RussiaYear: 2008
Court: European Court of Human Rights
Citation: App. No. 44009/05, Eur. Ct. H.R. (2008).
Health Topics: Informed consent, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The applicant, Mr. Shtukaturov, was born in 1982 and first began showing signs of mental illness in 2002. In August 2002, he was held for approximately 8 months in a psychiatric hospital, receiving a diagnosis of simple schizophrenia. On August 3, 2004, Shtukaturov’s mother petitioned the Vasileostrovskiy District Court of St. Petersburg, claiming that her …Read more
E.B. v. X
Country: ItalyYear: 2007
Court: Supreme Court of Cassation
Citation: Case No. 21748/2007 of 16 October 2007
Health Topics: Diet and nutrition, Disabilities, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health, Right to life, Right to privacy
E.E., an adult, was in a car accident in 1992. As a result of this accident, she entered into an irreversible vegetative coma. E.E. was not clinically dead, defined as the “irreversible cessation of all encephalon functions,” but was clinically in a permanent vegetative state (PVS). She was kept alive through force-feeding by means of …Read more
Jalloh v. Germany
Country: GermanyYear: 2006
Court: European Court of Human Rights
Citation: App. No. 54810/00, 44 Eur. H.R. Rep. 32 (2007).
Health Topics: Controlled substances, Informed consent
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to privacy
Jalloh brought an action before the European Court of Human Rights (the Court), arguing that the administration of emetics by force by German officials had constituted a serious interference with his physical integrity and posed a serious threat to his health and life. Jalloh was a suspected drug dealer who was arrested by the police …Read more
Case 248357
Country: FranceYear: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°248357, 26 September 2005
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life
In 2002, the ASSOCIATION AGAINST HANDIPHOBIA brought this challenge to Article L. 2123-2 of the Public Health Code, which allows for a guardian judge to impose contraception, sterilization and pregnancy termination on people with mental disabilities after rigorous review. The Association claimed the law was unconstitutional, a violation of the Declaration of the Rights of …Read more
Huitema v. PGK
Country: New ZealandYear: 2005
Court: Family Court
Citation: FAM-2005-009-003589
Health Topics: Mental health, Violence
Human Rights: Right to liberty and security of person
PGK, age 56, was convicted for a sexual violation and placed in a compulsory care facility pursuant to the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 for a period of three years. PGK has been in the care facility for the past 18 months. PGK has a history of sexual offenses and felonious behavior and …Read more
Storck v. Germany
Country: GermanyYear: 2005
Court: European Court of Human Rights
Citation: Storck v. F.R.G., App. No. 61603/00, 43 Eur. H.R. Rep. 96 (2005).
Health Topics: Disabilities, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Applicant, a German national, alleged violations under Article 5 (right to liberty and security of person), Article 6 § 1 (right to a fair hearing) and Article 8 (right to respect for his private and family life) of the European Convention on Human Rights concerning her involuntary placement and medical treatment in a private clinic …Read more
Case 36/2000 (X. 27.) AB
Country: HungaryYear: 2004
Court: Constitutional Court
Health Topics: Health care and health services, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to liberty and security of person
The Court issued this decision in response to numerous petitions challenging the constitutionality of the sections of the Act CLIV of 1997 on Healthcare pertaining to the treatment of psychiatric patients, especially those with limited disposing capacity. One petitioner objected to the provision of the AH which allowed a therapist to use the assistance of …Read more
Maria Mamerita Mestanza Chavez v. Peru
Country: PeruYear: 2003
Court: Inter-American Commission on Human Rights
Citation: Report No. 66/00, Case 12.191, October 3, 2000; OEA/Ser./L/V/II.111, doc. 20 rev., 16 April 2001
Health Topics: Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
A group of NGOs lodged a petition with the Commission alleging that Peru violated Maria Mamérita Mestanza Chávez’s rights on account of a forced sterilization that resulted in her death. Peru implemented a family planning policy involving compulsory and systematic sterilization in order to modify the reproductive behavior of the population. Poor, indigenous, and rural …Read more
Purohit and Moore v. The Gambia
Country: The GambiaYear: 2003
Court: African Commission on Human and Peoples' Rights
Citation: Communication No. 241/2001
Health Topics: Informed consent, Mental health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Complainants P and M were mental health advocates, who brought the complaint on behalf of patients detained at Campama, a psychiatric unit of the Royal Victoria Hospital, and existing and future mental health patients detained under the Mental Health Acts of the Republic of The Gambia. Complainants alleged that legislation governing mental health in The …Read more
Re BWV, ex parte Gardner
Country: AustraliaYear: 2003
Court: Supreme Court of Victoria
Citation: (2003) 7 VR 487
Health Topics: Aging, Chronic and noncommunicable diseases, Controlled substances, Diet and nutrition, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to life
This case was brought by the Public Advocate of Victoria as limited guardian of BWV, a woman aged 68 years, suffering from a fatal form of dementia (most likely Pick’s disease). At the time of bringing the case, BWV had not appeared conscious, nor had she had any cortical activity for approximately three years. Evidence …Read more