Reid v. Secretary of State for Scotland
Country: United KingdomYear: 1999
Court: House of Lords
Citation: [1999] 1 All ER 481
Health Topics: Hospitals, Mental health, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Hutchison Reid, the respondent, was convicted of culpable homicide in 1967. He was made the subject of a hospital order and a restriction order without any time limit under the Criminal Procedure (Scotland) Act 1955 (the Criminal Procedure Act). A restriction order under the Criminal Procedure Act could only be made if the person posed …Read more
Victor Rosario Congo v. Ecuador
Country: EcuadorYear: 1999
Court: Inter-American Commission on Human Rights
Citation: Report 63/99, Case No. 11.427; OEA/Ser.L/V/II.106 Doc. 6 rev., April 13, 1999
Health Topics: Diet and nutrition, Health care and health services, Mental health, Prisons
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to food, Right to health, Right to life, Right to water and sanitation
Victor Rosario Congo, an Ecuadorian, was placed in a detention center pending investigations into criminal charges. There were indications that he suffered from a mental disorder. In September 12, 1990, Mr. Congo was placed in an isolation cell at which time a guard assaulted him in the Rehabilitation Center, inflicting a wound to his head. …Read more
Winko v British Columbia (Forensic Psychiatric Institute)
Country: CanadaYear: 1999
Court: Supreme Court of Canada
Citation: [1999] 2 SCR 625
Health Topics: Hospitals, Mental health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity
The appellant was schizophrenic and was arrested for attacking pedestrians on the street with a knife. Prior to the incident he had been hearing voices. The appellant was charged with aggravated assault, assault with a weapon, and possession of a weapon for purposes dangerous to the public peace. He was found not criminally responsible (“NCR”) …Read more
Aerts v. Belgium
Country: BelgiumYear: 1998
Court: European Court of Human Rights
Citation: Application No. 25357/94; (1998) 29 EHRR 50; [1998] ECHR 64; 5 BHRC 382; [1998] HRCD 749; (2000) 53 BMLR 79
Health Topics: Controlled substances, Health care and health services, 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
Michael Aerts, complained his continued detention in the psychiatric wing of a prison pending his transfer to the Social Protection Centre breached the right to liberty and security of person in article 5(1) of the European Convention on Human Rights (ECHR), the right to fair hearing under article 6(1) of the ECHR, and the prohibition …Read more
Osman v. United Kingdom
Country: United KingdomYear: 1998
Court: European Court of Human Rights
Citation: Application No. 23452/94; (1998) 29 EHRR 245; [1998] ECHR 101
Health Topics: Mental health, Public safety
Human Rights: Right to due process/fair trial, Right to family life, Right to life
The applicants are Mrs. Mulkiye Osman and her son Ahmet Osman. Mr. Ali Osman, the husband and father of the applicants, respectively, was shot dead by Mr. Paul Paget-Lewis on 7 March 1988. Mr. Paget-Lewis was a former instructor of Ahmet Osman and had developed a strong attachment to him. Ahmet Osman was also wounded …Read more
Andersson, Anne-Marie v. Sweden
Country: SwedenYear: 1997
Court: European Court of Human Rights
Citation: App. No. 20022/92, 25 Eur. H.R. Rep. 722 (1998).
Health Topics: Child and adolescent health, Health care and health services, Health information, Health systems and financing, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Applicant, a Swedish national who lived with her youngest son was unable to work as a result of dental problems which caused her severe pain, and anxiety about a dispute with her landlord. She contacted a psychiatric clinic in order to receive a medical certificate which would enable her to claim sickness benefit from the …Read more
Burnett v. Mental Health Tribunal
Country: AustraliaYear: 1997
Court: Supreme Court of Australian Capital Territory
Citation: [1997] ACTSC 310
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
This case involved a challenge to a decision of the Australian Capital Territory (ACT) Mental Health Tribunal. The ACT Supreme Court set aside an order to detain and administer psychiatric treatment to Geraldine Patricia Burnett, a 38 year old woman who suffered from a mild psychotic disorder. Burnett had at various times been taken into …Read more
Johnson v. United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: App. No. 22520/93, 27 Eur. H.R. Rep. 296 (1999).
Health Topics: Health care and health services, Mental health, Prisons, Public safety
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to health, Right to liberty and security of person
Applicant was a British national suffering from mental illness whilst on prison remand in 1984. He had served sentences for various physical assault convictions. The court imposed a hospital order on the applicant and subjected him to a heightened restriction order for the protection of the public from serious harm under the 1983 Mental Health …Read more
Jaffee v. Redmond
Country: United StatesYear: 1996
Court: Supreme Court
Citation: 518 U.S. 1 (1996)
Health Topics: Health information, Mental health
Human Rights: Right to privacy
Respondent, Redmond, received counseling from a licensed clinical social worker after a “traumatic incident” in which she shot and killed a man while on duty as a police officer. Petitioner, Allen, the administrator of the estate of the deceased, filed an action in the Federal District Court seeking damages and alleging that Respondent had violated …Read more
Johansen v. Norway
Country: NorwayYear: 1996
Court: European Court of Human Rights
Citation: Case No. 24/1995/530/616, August 7, 1996
Health Topics: Child and adolescent health, Controlled substances, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to family life
Johansen (J) gave birth to a son, C, in 1977 when she was seventeen years old and they became dependent on social assistance. From 1980 onwards she cohabited with a man who was sentenced to two years’ imprisonment for drug offences in 1983 and who mistreated her and C. The welfare authorities assisted J on …Read more