91 judgments found.

H.L. v. United Kingdom

Country: United Kingdom
Year: 2004
Court: European Court of Human Rights
Citation: App. No. 45508/99, 40 Eur. H.R. Rep. 761 (2004).
Health Topics: Health systems and financing, Hospitals, Mental health
Human Rights: Freedom from discrimination, 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 liberty and security of person
Facts:

The applicant, a United Kingdom national, suffered from severe autism. He was unable to speak, his level of understanding was limited, and he lacked the ability to consent or refuse treatment. For over thirty years he had been cared for in Bournewood Hospital as an in-patient at the Intensive Behavioural Unit after which time he …Read more

Tags: Compulsory commitment, Compulsory confinement, Detainee, Detention, Incompetence, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology
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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

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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Case of D.G. v. Ireland

Country: Ireland
Year: 2002
Court: European Court of Human Rights
Citation: ECHR no. 39474/98 (16 May 2002)
Health Topics: Child and adolescent health, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to housing, Right to liberty and security of person
Facts:

The applicant was a minor who alleged that his detention in a penal institution and by failing to provide him with suitable care and accommodation violated domestic Irish law and the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”). The applicant had been in the care of the Eastern Health Board …Read more

Tags: Child development, Children, Custody, Humiliating treatment, Mental institution
Download Judgment: English

Ximenes-Lopes v. Brazil

Country: Brazil
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Report No. 38/02, Petition 12.237, October 9, 2002; OEA/Ser.L/V/II.117 Doc. 1 rev. 1, 7 March 2003
Health Topics: Health care and health services, Medical malpractice, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life, Right to privacy
Facts:

Mr. Damião Ximenes Lopes was admitted to Casa de Repouso on October 1st, 1999 to receive treatment for his mental illness. When his mother, Mrs. Albertina Ximenes, went to visit him three days later, Mr. Lopes had his hands bound behind his back.  He was bruised, his head was swollen, his nose bloody, and he …Read more

Tags: Access to treatment, Cruel treatment, Degrading treatment, Emergency care, Humiliating treatment, Inadequate treatment, Inappropriate treatment, Inhuman treatment, Mental disability, Mental illness, Mental institution, Torture
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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

Waitemata Health v. Attorney-General

Country: New Zealand
Year: 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
Facts:

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

Tags: Community-based care, Compulsory commitment, Involuntary commitment, Mandatory commitment, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology, Sexual abuse, Sexual assault, Sexual violence, Sociopath, Threat of violence, Violence against women
Download Judgment: English

Croke v.Ireland

Country: Ireland
Year: 2000
Court: The European Court of Human Rights
Citation: [2000] EHCR 33267/96
Health Topics: Health care and health services, Hospitals, Mental health
Human Rights: Right to liberty and security of person
Facts:

The applicant, Mr. Croke filed a complaint under Article of the European Convention on Human Rights about the absence of an independent and automatic review prior to or immediately after his initial detention in a psychiatric hospital and about the absence of a periodic, independent and automatic review of his detention thereafter. In the early …Read more

Tags: Compulsory commitment, Compulsory confinement, Heath facilities, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental illness, Mental institution, Psychiatry. Mental disorder
Download Judgment: English

Varbanov v. Bulgaria

Country: Bulgaria
Year: 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
Facts:

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

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Forced examination, Forced treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory testing, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Paranoia, Psychiatry
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