James K. Kahler v. State of Kansas
Country: United StatesYear: 2020
Court: Supreme Court of the United States
Citation: 140 S.Ct. 1021 (2020)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
The appellant was charged with four counts of first-degree murder for when he drove to his ex-wife’s grandmother’s house and shot his ex-wife, her grandmother, and his two daughters to death. The murders followed the appellant going through a divorce with the now deceased ex-wife and suffering a job loss which left him distraught. There …Read more
JH v. Alberta (Minister of Justice and Solicitor General)
Country: CanadaYear: 2020
Court: Court of Appeal of Alberta
Citation: 2020 ABCA 317
Health Topics: Health information, Informed consent, Mental health
Human Rights: Freedom of movement and residence, Right of access to information, Right to due process/fair trial, Right to liberty and security of person
The respondent JH, a member of a First Nation in British Columbia, was admitted to the Foothills Medical Centre, run by the respondent, Alberta Health Services, on September 5, 2014 for the treatment of sepsis in his knee. Following surgery and a 20-day hospital stay, JH sought discharge. Instead, JH was admitted as a formal …Read more
M.A. v. Cyprus
Country: CyprusYear: 2020
Court: European Court of Human Rights
Citation: [2020] ECHR 37321/18
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The applicant is an inmate who argued that his living conditions did not meet the health standards set out under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms after being displaced from the prison’s mental health unit. The applicant suffers from paranoid schizophrenia and severe visual impairment. He was …Read more
British Columbia Civil Liberties Association v Canada (Attorney General)
Country: CanadaYear: 2018
Court: Supreme Court of British Columbia
Citation: 2018 BCSC 62
Health Topics: Mental health, Prisons
Human Rights: Right to bodily integrity, Right to life
The plaintiffs are two non-profit organizations, the British Columbia Civil Liberties Association and the John Howard Society of Canada. The plaintiffs challenged the constitutionality of sections 31-33 and 37 of the Corrections and Conditional Release Act (CCRA), which authorized administrative segregation of inmates in federal prisons. Section 31 provided that the purpose of administrative segregation …Read more
Centre for Health, Human Rights and Development & Anr. v. Attorney General
Country: UgandaYear: 2018
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 094 of 2015
Health Topics: Disabilities, Health care and health services, Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to health, Right to liberty and security of person, Right to privacy, Right to water and sanitation
The plaintiff stated that the Butabika Hospital is the only public psychiatric hospital under the Ministry of Health in Uganda. Further it is the only mental referral hospital and cases referred to it by other health facilities are of acute conditions, which require a specialized and skilled management. A part of the procedure in the …Read more
Nelson v. Livermore
Country: CanadaYear: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 712
Health Topics: Health care and health services, Informed consent, Mental health, Prisons, Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Rodney Nelson sought judicial review of his involuntary admission to a psychiatric hospital under Ontario’s Mental Health Act (“MHA”) and an order for his immediate release due to rights infringements. Nelson had a lengthy history of crimes with many violent offences, including sexual offences against women and children. A psychiatrist completed an application for psychiatric …Read more
Pellett (Re)
Country: CanadaYear: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 753
Health Topics: Controlled substances, Health care and health services, Informed consent, Medicines, Mental health
Human Rights: Freedom of movement and residence, Right to liberty and security of person
The appellant was a 62 year old female diagnosed with schizophrenia. She had a long-standing history of hospitalization, treatment, release, de-compensation, relapse, and re-admission. When psychotic, the appellant had a history of troubling behaviour, including attempts to divert traffic, throwing objects out of a window, crashing her car and smashing other cars with brooms. The …Read more
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
Murray v. The Netherlands
Country: NetherlandsYear: 2016
Court: European Court of Human Rights
Citation: [2016] ECHR 10511/10
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person
In 1980, the Applicant, Mr. James Clifton Murray, was found guilty of the murder of a six year old girl in Aruba. At the time of his conviction, the Netherlands consisted of the Netherlands and the Netherlands Antilles, which included the islands of Aruba and Curaçao. The judgment from the First Instance Court of the …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