152 judgments found.

Purohit and Moore v. The Gambia

Country: The Gambia
Year: 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
Facts:

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

Tags: Compulsory commitment, Compulsory confinement, Compulsory treatment, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Forced treatment, Humiliating treatment, Insanity, Involuntary commitment, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Mental institution
Download Judgment: English

Regina (on the application of H) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2003
Court: House of Lords
Citation: [2003] UKHL 59; [2004] 1 All ER 412
Health Topics: Health systems and financing, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

H, a young woman who suffered from Down’s syndrome and was severely mentally disabled, lived with her mother, BL, who was deeply distrustful of the health authorities. When her BL fell ill and H’s behaviour became increasingly disturbed H was formally admitted to hospital for assessment under section 2 (allowing mandatory commitment for mentally ill …Read more

Tags: Compulsory commitment, Health regulation, Incapacity, Incompetence, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Patient choice, Psychiatry
Download Judgment: English

Sell v. United States

Country: United States
Year: 2003
Court: Supreme Court
Citation: 539 U.S. 166 (2003)
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person
Facts:

Petitioner, Sell, had a long history of mental illness. In 1998, a federal grand jury issued an indictment charging Sell with attempting to murder an FBI agent who had arrested him in connection with a separate charge of mail fraud and a former employee who planned to testify against him in the upcoming fraud case. …Read more

Tags: Compulsory treatment, Forced treatment, Incompetence, Informed choice, Inmate, Insanity, Involuntary treatment, Mental competence, Mental disability, Mental disorder, Non-consensual testing and treatment, Patient choice, Psychiatry
Download Judgment: English

Van Kück v. Germany

Country: Germany
Year: 2003
Court: European Court of Human Rights
Citation: Application No. 35968/97; (2003) 37 EHRR 51
Health Topics: Health care and health services, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The applicant was registered as a male at birth. In 1991, The District Court granted the applicant’s request to change her forenames to Carola Brenda after hearing from several psychiatric and psychological experts who determined that the applicant was a male-to-female transsexual and had been for the last three years living as a female. In …Read more

Tags: Access to treatment, Counseling, Gender identity, Gender identity disorder, Gender reassignment, Health insurance, Hormone therapy, Infertility, LGBTI, Mental disorder, Mental illness, Out-of-pocket expenditures, Psychology, Reimbursement, Sex reassignment, Transgender, Transsexual
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Atkins v. Virginia

Country: United States
Year: 2002
Court: Supreme Court
Citation: 536 U.S. 304 (2002)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The Appellant, Atkins, a mentally disabled individual, was convicted of capital murder and related crimes by a Virginia jury and sentenced to death. He brought this appeal alleging that he could not be sentenced to death because executing the mentally disabled would constitute “cruel and unusual punishment” as prohibited by the Eighth Amendment.

Tags: Cruel and unusual punishment, Detainee, Execution, Imprisonment, Incarceration, Incompetence, Inmate, Insanity, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Torture
Download Judgment: English

Benjamin & Wilson v. United Kingdom

Country: United Kingdom
Year: 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
Facts:

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

Tags: Custody, Imprisonment, Incarceration, Incompetence, Mental competence, Mental disability, Mental disorder, Mental illness
Download Judgment: English

C. v. Australia

Country: Australia
Year: 2002
Court: United Nations Human Rights Committee
Citation: U.N. H.R. Comm., U.N. Doc. CCPR/76/D/900/1999 (Nov. 13, 2002).
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
Facts:

Petitioner claimed a breach of Article 7 (freedom from torture, cruel, inhuman or degrading treatment and punishment) and Article 9, particularly Article 9(1) (right to liberty and security of person) and Article 9(4) (a person deprived of liberty’s right to fair trial) of the International Covenant on Civil and Political Rights (ICCPR) when he was …Read more

Tags: Compulsory confinement, Detention, Involuntary confinement, Mental disorder, Mental illness, Torture
Download Judgment: English

P, C, & S v. United Kingdom

Country: United Kingdom
Year: 2002
Court: European Court of Human Rights
Citation: Application No. 56547/00
Health Topics: Child and adolescent health, Mental health
Human Rights: Right to due process/fair trial, Right to family life
Facts:

P was a U.S. citizen and C was her British husband. Their daughter, S, was born in 1998 in the UK. In 1985, P had given birth to a son B in the US. In 1994, the California authorities took B into protective custody, alleging that P was harming B by administering laxatives to him …Read more

Tags: Child development, Children, Infant health, Mental competence, Mental disorder, Mental illness, Psychiatry
Download Judgment: English

Anderson and Ors. v. Scottish Ministers and Anr.

Country: United Kingdom
Year: 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
Facts:

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

Tags: Compulsory confinement, Involuntary commitment, Involuntary confinement, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution
Download Judgment: English

Bensaid v. United Kingdom

Country: United Kingdom
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 44599/98; (2001) 33 EHRR 10; [2001] ECHR 82; [2001] MHLR 287; [2001] INLR 325; 11 BHRC 297
Health Topics: Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life
Facts:

Bensaid brought an action against the United Kingdom as a result of a proposed deportation order to Algeria. Bensaid was a schizophrenic suffering from a psychotic illness. He had arrived in the United Kingdom from Algeria in 1989 and had been granted indefinite leave to remain after marrying a United Kingdom citizen. This leave lapsed …Read more

Tags: Asylum, Cruel treatment, Degrading treatment, Immigration, Imprisonment, Incarceration, Inhuman treatment, Mental disorder, Mental illness, Migrants, Paranoia, Psychiatry, Psychology, Refugees, Schizophrenia
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