79 judgments found.

In re MB (medical treatment)

Country: United Kingdom
Year: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] EWCA Civ 3093
Health Topics: Health care and health services, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to privacy
Facts:

A health authority applied for a High Court declaration that it would be lawful to undertake an emergency caesarean operation on MB whose foetus was found to be in the breech position after MB agreed to have the operation theoretically but refused in practice due to her fear of needles. The declaration was granted, and …Read more

Tags: Access to health care, Access to treatment, Caesarean, Childbirth, Emergency care, Incompetence, Informed choice, Involuntary treatment, Maternal health, Mental competence, Non-consensual testing and treatment, Patient choice, Pregnancy, Unauthorized treatment
Download Judgment: English

Sahadath v. Trinidad and Tobago

Country: Trinidad and Tobago
Year: 1996
Court: United Nations Human Rights Committee
Citation: Communication No. 684/1996, CCPR/C/74/D/684/1996
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

R.S. was convicted of murder and sentenced to death. On 8 March 1996, the same day that five other warrants of execution were read (although the prison was only equipped to handle two executions a day), R.S. was read a warrant for his execution, to take place on 13 March 1996. Along with a psychiatrist, …Read more

Tags: Access to health care, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detention, Execution, Humiliating treatment, Imprisonment, Incapacity, Incarceration, Incompetence, Inhuman treatment, Inmate, Insanity, Mental competence, Mental disability, Mental disorder, Mental illness, Prison conditions, Psychiatry
Download Judgment: English

STC 215/1994

Country: Spain
Year: 1994
Court: Constitutional Court
Health Topics: Infectious diseases, 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 life
Facts:

The parents of a mentally-disabled woman requested that the court authorize the sterilization of their daughter.  According to the Article 428 of the Criminal Code made in accordance with Article 6 LO 3/89 of 21 June (the “challenged provision”), sterilization of a disabled person who suffered from serious psychological deficiency would not be unlawful if the …Read more

Tags: Abortion, Birth control, Childbirth, Compulsory sterilization, Degrading treatment, Forced abortion, Forced sterilization, Humiliating treatment, Incapacity, Incompetence, Inhuman treatment, Involuntary sterilization, Mandatory sterilization, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, STDs, Sterilization, STIs
Download Judgment: English

Airedale NHS Trust v. Bland

Country: United Kingdom
Year: 1993
Court: House of Lords
Citation: [1993] 1 ALL ER 821
Health Topics: Health care and health services, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

Mr. Bland was in the care of the health authority, and had been in a persistent vegetative state for three and a half years due to a severe crushed chest injury, which had caused devastating and permanent damage to the higher functions of his brain. He was being fed artificially by a tube inserted through …Read more

Tags: Access to treatment, Incompetence, Informed choice, Involuntary treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

Department of Health & Community Services v JWB & SMB (“Marion’s Case”)

Country: Australia
Year: 1992
Court: High Court
Citation: (1992) 175 CLR 218; [1992] HCA 15
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
Facts:

“Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more

Tags: Children, Contraception, Contraceptives, Deaf, Disabled, Forced sterilization, Forced treatment, Handicapped, Incompetence, Informed choice, Involuntary treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Minor, Non-consensual testing and treatment, Patient choice, Physically challenged, Pregnancy, Psychiatry, Psychology, Sterilization
Download Judgment: English

Herczegfalvy v. Austria

Country: Austria
Year: 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
Facts:

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

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hunger strike, Imprisonment, Incarceration, Incompetence, Inhuman treatment, Inmate, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Starvation, Torture
Download Judgment: English

In re T (adult: refusal of medical treatment)

Country: United Kingdom
Year: 1992
Court: Court of Appeal, Civil Division
Citation: [1992] 4 All ER 649, CA
Health Topics: Health care and health services, Informed consent, Mental health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This case dealt with the right to choose how to live, specifically regarding the right to refuse a blood transfusion. Miss T had been raised by her mother, a Jehovah’s witness, but was never baptized into the faith and had told her boyfriend and father that she was not a Jehovah’s Witness. She was 34 …Read more

Tags: Emergency care, Health care professionals, Health care workers, Incapacity, Incompetence, Informed choice, Involuntary treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

R v. Park

Country: Canada
Year: 1992
Court: Supreme Court of Canada
Citation: [1992] 2 S.C.R. 871
Health Topics: Mental health, Public safety, Violence
Human Rights: Right to liberty and security of person
Facts:

Parkes attacked his parents-in-law at their home. The attack resulted into the death of one and severe injury to the other. After the attack, he drove to a police station to report what he had done. Parkes was charged with first-degree murder and attempted murder. At trial, his defense was automatism i.e. sleep walking. He …Read more

Tags: Insanity, Mental competence, Psychology
Download Judgment: English

Riggins v. Nevada

Country: United States
Year: 1992
Court: Supreme Court
Citation: 504 U.S. 127 (1992)
Health Topics: Informed consent, Mental health, Prisons
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

The petitioner, David Riggins, challenged his criminal convictions on the basis that his liberty and right to due process of the law, as protected by the Sixth and Fourteenth Amendments of the U.S. Constitution, were violated when the State of Nevada forcibly administered him with an antipsychotic drug during his trial. In November 1987, Riggins …Read more

Tags: Detainee, Forced treatment, Incompetence, Involuntary treatment, Mandatory treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Psychiatry, Psychosis
Download Judgment: English

Margareta and Roger Anderson v. Sweden

Country: Sweden
Year: 1991
Court: The European Court of Human Rights
Citation: Case No. 61/1990/252/323
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Hospitals, Mental health
Human Rights: Right to family life, Right to privacy
Facts:

Roger Anderson (son of Margareta) was taken into public care on a provisional basis. When he started school, it was found that he lacked social skills and maturity. Margareta rejected suggestions made by the Social welfare authorities. Roger stopped attending school in December 1984. Margareta and Roger moved to an address unknown to the authorities …Read more

Tags: Children, Clinics, Diabetes, Health facilities, Incapacity, Incompetence, Mental competence, Minor
Download Judgment: English