Benjamin & Wilson v. United Kingdom
Country: United KingdomYear: 2002
Court: European Court of Human Rights
Citation: Application No. 28212/95
Health Topics: Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person
B and W were detained in hospital after being sentenced to terms of discretionary life imprisonment. Both complained that they did not have access to a procedure by which they could challenge the lawfulness of their continued detention. B was sentenced to life imprisonment for rape in 1983. His tariff period of detention was set …Read more
Ximenes-Lopes v. Brazil
Country: BrazilYear: 2002
Court: Inter-American Commission on Human Rights
Citation: Report No. 38/02, Petition 12.237, October 9, 2002; OEA/Ser.L/V/II.117 Doc. 1 rev. 1, 7 March 2003
Health Topics: Health care and health services, Medical malpractice, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life, Right to privacy
Mr. Damião Ximenes Lopes was admitted to Casa de Repouso on October 1st, 1999 to receive treatment for his mental illness. When his mother, Mrs. Albertina Ximenes, went to visit him three days later, Mr. Lopes had his hands bound behind his back. He was bruised, his head was swollen, his nose bloody, and he …Read more
Anderson and Ors. v. Scottish Ministers and Anr.
Country: United KingdomYear: 2001
Court: Privy Council
Citation: [2001] UKPC D5
Health Topics: Mental health, Public safety
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The three applicants were mental patients held in state hospitals who had been convicted of homicide. At the time of their convictions, the medical view was that all psychiatric conditions were treatable to an extent. However, relevant medical knowledge had moved on, and medical advice was now that the conditions of the three applicants were …Read more
K. and T. v. Finland
Country: FinlandYear: 2001
Court: European Court of Human Rights
Citation: Application No. 25702/94; (2003) 36 EHRR 18; [2000] ECHR 173
Health Topics: Child and adolescent health, Hospitals, Mental health
Human Rights: Right to family life
Applicants were two Finnish Nationals, a mother (K.) and her cohabitant (T.). K., a diagnosed schizophrenic, had a history of hospitalization. At the time K. and T. began cohabitating in 1991, K.’s daughter (P.) and son (M.) were living with her. The children had different fathers, neither of whom was T. In 1992, custody of …Read more
Waitemata Health v. Attorney-General
Country: New ZealandYear: 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
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
In re A (children)
Country: United KingdomYear: 2000
Court: Court of Appeal, Civil Division
Citation: [2000] EWCA Civ 254
Health Topics: Child and adolescent health, Disabilities, Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to life
Jodie and Mary were conjoined twins connected at the lower abdomen. Each had their own vital organs, but one of Jodie’s arteries supplied oxygenated blood to Mary. The twins were surgically capable of being separated, but doing so would leave Mary’s deficient heart and lungs without support and lead to her death. However, if the …Read more
Kudla v. Poland
Country: PolandYear: 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
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
Varbanov v. Bulgaria
Country: BulgariaYear: 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
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
Case T-209/99
Country: ColombiaYear: 1999
Court: Constitutional Court [Corte Constitucional]
Citation: Constitutional Court, Fourth Revision Chamber, April thirteen (13) ninty ninty nine (1999), Magistrate Dr. CARLOS GAVIRIA DÍAZ, Ruling T-209/99.
Health Topics: Health care and health services, Health systems and financing, Mental health
Human Rights: Right to bodily integrity, Right to family life, Right to health, Right to life, Right to social security
This joint appeal involved two cases wherein mentally ill individuals were released from psychiatric hospitals into the care of their families. In File 152.647, Jorge Sandro Hernandez Tacuri had been repeatedly admitted into psychiatric hospitals because he suffered from a variety of mental psychosis, including schizophrenia and epilepsy. After treatment in the psychiatric hospital, Jorge …Read more
Matter v. Slovak Republic
Country: SlovakiaYear: 1999
Court: European Court of Human Rights
Citation: Application No. 31534/96; [1999] ECHR 38
Health Topics: Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
The Applicant, Mr Wilibald Rudolf Matter, had been undergoing psychiatric treatment for twenty years for a continually worsening syndrome of dementia. As a result, the Čadca District Court restricted his legal capacity in 1976, and later in 1983 deprived him of all legal capacity on the ground that he suffered from an “explosive and vexatious form …Read more