DD v. Secretary of State for Home Department
Country: United KingdomYear: 2014
Court: Royal Courts of London
Citation: [2014] EWHC 3820 (Admin)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The claimant, DD, a Somali man, was granted asylum and indefinite leave to remain shortly after his arrival in the UK in 2003. Due to his involvement in fundraising for Al-Shabaab, a Terrorism Prevention and Investigation Measure (TPIM) was imposed in 2012. He was charged with breaching the TPIM, remanded into custody, and was sentenced …Read more
M.H. v. United Kingdom
Country: United KingdomYear: 2014
Court: European Court of Human Rights
Citation: Application No. 11577/06
Health Topics: Mental health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person
The applicant was severely disabled as a result of Down’s Syndrome. The applicant lived with her mother, her nearest relative. She often exhibited difficult behavior and towards the end of 2002 social workers had become extremely concerned about the impact on the physical and mental health of the applicant and her mother. On 31 January …Read more
P. L., J. M. v. I.O.M.A
Country: ArgentinaYear: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 876. XLVII. REX
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Mental health
Human Rights: Right to development, Right to education, Right to health, Right to life, Right to participation, Right to work
The plaintiff filed an appeal to the Supreme Court of Justice of the Province of Buenos Aires [Suprema Corte de la Provincia de Buenos Aires] against the health insurance of the Province of Buenos Aires [I.O.M.A] to obtain comprehensive coverage treatment in a special school [CEPP] for their disabled son that had Down’s syndrome, where he …Read more
R., S. E. v. Provincia Servicios de Salud S.A.
Country: ArgentinaYear: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: R. 9. XLIX
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health, Right to life
The plaintiff, a woman that suffered a hemorrhagic stroke that left her in a coma since 1999, filed a suit against the Provincia Servicios de Salud S.A for breach of contract. The plaintiff signed a contract with the respondent called “Plan Verde” [Green Plan]that stated that in case of hospitalization and surgery hospitalization, the insurance …Read more
Shatrughan Chauhan and another v. Union of India and others
Country: IndiaYear: 2014
Court: Supreme Court
Citation: Writ Petition 55 of 2013
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to life
Fifteen criminal convicts sentenced to the death penalty challenged their sentences as in violation of Article 21 of the Indian Constitution, which protects the right to life. They claimed that the executive orders rejecting their mercy petitions were passed without considering supervening events, including delay, insanity, solitary confinement, and procedural lapses. Two convicts alleged that the …Read more
B. v. Romania (no. 2)
Country: RomaniaYear: 2013
Court: European Court of Human Rights
Citation: Application No. 1285/03
Health Topics: Disabilities, Informed consent, Mental health
Human Rights: Right to family life, Right to privacy
The applicant, M.B., filed a complaint with the European Court of Human Rights for a violation of (1) laws concerning compulsory admission to psychiatric hospitals and (2) laws concerning decisions in child-rearing where the parent or guardian’s mental capacity is in question. M.B. was diagnosed in 2000 with paranoid schizophrenia. As a result of her …Read more
Case EAND/0895/02/13
Country: ArmeniaYear: 2013
Court: Civil Court of Appeal [Հայաստանի Հանրապետության Վերաքննիչ քաղաքացիական դատարան]
Citation: Case № ԵԱՆԴ/0895/02/13
Health Topics: Health care and health services, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The appellant, Zhuleta Amarikyan, was compulsorily committed to inpatient psychiatric treatment on the request of the head of the psychiatric clinic. Amarikyan was diagnosed with acute delirium syndrome and was described as being a danger to herself and others and unable to control her actions. At the time of the trial of Amarikyan’s commitment, Amarikyan …Read more
Slattery v. Manningham City Council
Country: AustraliaYear: 2013
Court: Victorian Civil and Administrative Tribunal Human Rights Division
Citation: [2013] VCAT 1869
Health Topics: Disabilities, Mental health
Human Rights: Freedom from discrimination
Mr. Slattery brought this action in the Victorian Civil and Administrative Tribunal (“the Tribunal”) alleging that the City Council of Manningham (“the Council”) had unfairly discriminated against him based on his disability. Slattery suffered from a series of mental impairments including bipolar disorder, attention deficit hyperactive disorder, and post-traumatic stress disorder. Additionally, he acquired a …Read more
Taha v. Broadmeadows Magistrates’ Court; Brookes v. Magistrates’ Court of Victoria
Country: AustraliaYear: 2013
Court: Supreme Court of Victoria Court of Appeal
Citation: [2013] VSCA 37
Health Topics: Mental health, Violence
Human Rights: Right to due process/fair trial
Mr. Taha was arrested for failing to pay outstanding traffic fines and was sentenced to imprisonment by a magistrate after a hearing. Mr. Taha was intellectually disabled and had been certified as such and placed on a Justice Plan. Neither his legal representative nor the magistrate were aware of this, but if they were they …Read more
Bures v The Czech Republic
Country: Czech RepublicYear: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1819
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Hospitals, Informed consent, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
This case concerned an application against the Czech Republic lodged with the European Court of Human Rights (ECHR) under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The applicant alleged that he was ill-treated in a sobering-up centre in violation of Article 3 of the Convention, and …Read more