172 judgments found.

Secretary of State for the Home Department v. UK

Country: United Kingdom
Year: 2004
Court: Immigration Appeal Tribunal
Citation: [2004] UKIAT 00262
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to health, Right to privacy
Facts:

This case concerns an adjudicator’s review of the deportability of a Rwandan national infected with HIV in the UK. The claimant was a Rwandan, who in June 2001 was raped by soldiers in her home and took her husband. The incident arose out of the 1994 Rwandan genocide, in which her husband was a member of …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, HIV, HIV positive, Immigration, Mental illness, Migrants, Military, Militias, People living with HIV/AIDS, PLHIV, Rape, Refugees, Sexual assault
Download Judgment: English

Tracy Lee Housel v. United States

Country: United States
Year: 2004
Court: Inter-American Commission on Human Rights
Citation: Report No. 16/04, Petition 129/02, February 27, 2004; OEA/Ser.L/V/II.122, Doc. 5 rev. 1 at 504, 23 February 2005
Health Topics: 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 health, Right to liberty and security of person, Right to life
Facts:

This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners were Barristers with Tooks Court, London, a Solicitor with Lovells, London, and representatives of the Federal Defender Program, Atlanta, Georgia. Tracy Lee Housel …Read more

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Custody, Detainee, Detention, Execution, Imprisonment, Incarceration, Inmate, Mental disability, Mental disorder, Mental illness, Torture
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Ali Aqsar Bakhtiyari & Roqaiha Bakhtiyari v. Australia

Country: Australia
Year: 2003
Court: United Nations Human Rights Committee
Citation: U.N. Doc. CCPR/C/ 79/D/1069/2002 (Nov. 6, 2003).
Health Topics: Child and adolescent health, Mental health
Human Rights: Freedom from discrimination, Right to family life, Right to liberty and security of person
Facts:

The Bakhtiyaris, Afghani nationals, had illegally entered Australia and had been detained in a detention center. Two of the children were released into the hands of Adelaide caretakers where they remained. The Bakhtiyari family subsequently filed a complaint that their prolonged detention violated article 9 (1) (right to liberty and security of person) of the …Read more

Tags: Child development, Children, Depression, Detention, Law enforcement, Mental disorder, Mental illness, Minor
Download Judgment: English

K.A. v. Finland

Country: Finland
Year: 2003
Court: European Court of Human Rights
Citation: App. No. 27751/95, Eur. Ct. H.R. 27 (2003).
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Mental health, Tobacco
Human Rights: Right of access to information, Right to family life, Right to privacy
Facts:

The applicant, a father of three young children, claimed a violation of his right to respect for his private and family life and home under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Convention), when Finnish authorities placed his children in public care in response to allegations of …Read more

Tags: Addiction, Child development, Children, Liquor, Mental disorder, Mental illness, Minor, Molestation, Sexual abuse, Substance abuse
Download Judgment: English

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

Starson v. Swayze

Country: Canada
Year: 2003
Court: Supreme Court
Citation: (2001) 201 D.L.R. (4th) 123, 146 O.A.C. 121, 33 Admin. L.R. (3d) 315
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity
Facts:

The respondent Starson was a physicist who was diagnosed with bipolar disorder and had intermittently received treatment in various mental institutions in the United States and Canada. Historically, he had used medication to regulate the condition. However, the side effects dulled Starson’s mind, and he refused further treatment, despite being informed his condition would deteriorate …Read more

Tags: Bipolar, Compulsory treatment, Diagnostics, Examination, Forced treatment, Incapacity, Involuntary treatment, Mandatory treatment, Mental competence, Mental illness, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
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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Worwa v. Poland

Country: Poland
Year: 2003
Court: European Court of Human Rights
Citation: Application No. 26624/95; (2003) 43 EHRR 35
Health Topics: Informed consent, Mental health
Human Rights: Right to privacy
Facts:

Between 1993 and 1998, the applicant was accused of multiple offenses, including preventing her neighbors from accessing a track to the housing estate, inciting her two daughters to attack their neighbor physically and verbally, threatening her neighbor with a shovel, and doing unauthorized renovation work. In conjunction with the proceedings in the cases against the …Read more

Tags: Compulsory commitment, Compulsory examination, Forced examination, Involuntary commitment, Involuntary examination, Mandatory commitment, Mandatory examination, Mental competence, Mental illness, Mental institution
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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