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
Keenan v. United Kingdom
Country: United KingdomYear: 2001
Court: European Court of Human Rights
Citation: App. No. 27229/95, 33 Eur. H.R. Rep. 913 (2001).
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Medicines, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to life
The applicant brought an action on behalf of her mentally ill son, Mark Keenan, who killed himself in prison, alleging the State was in violation of Articles 2 (right to life), 3 (prohibition of torture) and 13 (right to an effective remedy) of the European Convention. The applicant alleged that her son, who was known …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
Case 240-2000
Country: El SalvadorYear: 2000
Court: Supreme Court
Citation: No. 240-2000
Health Topics: Hospitals, Mental health
Human Rights: Right to liberty and security of person
The petitioner challenged an order by the lower court allowing his continued detention in a psychiatric hospital. A psychiatrist who had examined him stated that he could make a full recovery through outpatient treatment and did not need to remain detained. The lower court had upheld his detention because he was diagnosed with undifferentiated schizophrenia …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
A v. New Zealand
Country: New ZealandYear: 1999
Court: United Nations Human Rights Committee
Citation: U.N. Doc. CCPR/C/66/D/754/1997 (Aug. 3, 1999).
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The applicant had developed an obsession with a young woman he had met and had begun pursuing her persistently. He was convicted of assault after grabbing her by the wrists to make her stop and talk to him. He was subsequently examined by a psychiatrist and was diagnosed as having elements of a paranoid personality. …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
Olmstead v. L.C.
Country: United StatesYear: 1999
Court: Supreme Court
Citation: 527 U.S. 581 (1999)
Health Topics: Disabilities, Health care and health services, Hospitals, Mental health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to liberty and security of person
The Respondents, L. C. and E. W., both mentally disabled women, brought proceedings against the State alleging that the State’s failure to place them in a community-based program, after their treating professional had determined that such a placement was appropriate, violated Title II of the Americans with Disabilities Act of 1990 (ADA). Title II of …Read more