Rechtbank ‘s Gravenhage [District Court of Gravenhage] , 26 July 2007, LJN:AY5099
Country: NetherlandsYear: 2007
Court: District Court of Gravenhage
Citation: LJN:AY5099
Health Topics: Health care and health services, Health systems and financing, Hospitals, Mental health
Human Rights: Freedom from discrimination, Right to health
Tags: Access to health care, Access to treatment, Clinics, Emergency care, Health expenditures, Health funding, Health insurance, Health spending, Immigration, Mental illness, Mental institution, Migrants, Psychiatry, Psychology, Reimbursement, Social security
Sestan v. Director of Area Mental Health Services Waitemata District Health Board
Country: New ZealandYear: 2006
Court: Court of Appeal
Citation: [2006] NZCA 350; [2007] 1 NZLR 767
Health Topics: Health care and health services, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Mr. Sestan had depression and bipolar/schizoaffective disorder, which included manic stages where he would be psychotic. He had been admitted to hospital for his condition numerous times. After a suspected manic episode where Mr. Sestan attempted to force another car off the road and bought two apartment, Mr. Sestan went to the emergency department for …Read more
Ximenes-Lopes v. Brazil
Country: BrazilYear: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 149 (July 4, 2006).
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Damião Ximenes-Lopes, a person with mental illness, was hospitalized for psychiatric treatment at a private psychiatric clinic that operated within Brazil’s public health system. Ximenes-Lopes died three days following hospitalization while undergoing psychiatric treatment. He endured “inhuman and degrading” conditions and died under violent circumstances in the hands of hospital staff. Ximenes-Lopes’ sister filed a …Read more
Huitema v. PGK
Country: New ZealandYear: 2005
Court: Family Court
Citation: FAM-2005-009-003589
Health Topics: Mental health, Violence
Human Rights: Right to liberty and security of person
PGK, age 56, was convicted for a sexual violation and placed in a compulsory care facility pursuant to the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 for a period of three years. PGK has been in the care facility for the past 18 months. PGK has a history of sexual offenses and felonious behavior and …Read more
J v. Secretary of State for the Home Department
Country:Year: 2005
Court: Court of Appeal (Civil Division)
Citation: [2005] EWCA Civ 629
Health Topics: Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to life, Right to privacy
The appellant, J, is an ethnically Tamil citizen of Sri Lanka. While living in Sri Lanka, J was captured by, and forced to work for, a militant group called the Liberation Tigers of Tamil Eelam (“LTTE”) between 1991 and 1993. The LTTE released him in 1993. In 1995, J was detained, interrogated, and tortured by the …Read more
Kolanis v. United Kingdom
Country: United KingdomYear: 2005
Court: European Court of Human Rights
Citation: App. No. 517/02, 42 Eur. H.R. Rep. 12 (2006).
Health Topics: Health care and health services, Mental health
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to health, Right to liberty and security of person
The applicant, Ms. Kolanis, was convicted of a crime and found to be suffering from mental illness pursuant to the Mental Health Act 1983. Her application to reside at home was upheld by the Tribunal, which ordered her conditional discharge provided she live at home with her parents, be supervised by a social worker and …Read more
R (on the application of H) v. Secretary of State for Health
Country: United KingdomYear: 2005
Court: House of Lords
Citation: [2005] UKHL 60
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
H challenged the provision of the Mental Health Act 1983 under which she was detained as incompatible with her right to liberty and security under Human Rights Act 1998. H was a 32-year old woman who was severely disabled by Down’s syndrome. H’s mother intensely distrusted health and social services, and refused on many occasions …Read more
R (on the application of Munjaz) v. Mersey Care NHS Trust
Country: United KingdomYear: 2005
Court: House of Lords
Citation: [2005] UKHL 58
Health Topics: Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to liberty and security of person
Colonel Munjaz sought judicial review of Mersey Care NHS Trust’s (Mersey Care) policy on the seclusion of patients detained at the hospital. He claimed that the policy violated both domestic law and the European Convention on Human Rights (ECHR), as incorporated into United Kingdom law by the Human Rights Act 1998 (HRA). Colonel Munjaz was …Read more
Storck v. Germany
Country: GermanyYear: 2005
Court: European Court of Human Rights
Citation: Storck v. F.R.G., App. No. 61603/00, 43 Eur. H.R. Rep. 96 (2005).
Health Topics: Disabilities, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Applicant, a German national, alleged violations under Article 5 (right to liberty and security of person), Article 6 § 1 (right to a fair hearing) and Article 8 (right to respect for his private and family life) of the European Convention on Human Rights concerning her involuntary placement and medical treatment in a private clinic …Read more
Case 36/2000 (X. 27.) AB
Country: HungaryYear: 2004
Court: Constitutional Court
Health Topics: Health care and health services, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to liberty and security of person
The Court issued this decision in response to numerous petitions challenging the constitutionality of the sections of the Act CLIV of 1997 on Healthcare pertaining to the treatment of psychiatric patients, especially those with limited disposing capacity. One petitioner objected to the provision of the AH which allowed a therapist to use the assistance of …Read more