102 judgments found.

Riggins v. Nevada

Country: United States
Year: 1992
Court: Supreme Court
Citation: 504 U.S. 127 (1992)
Health Topics: Informed consent, Mental health, Prisons
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

The petitioner, David Riggins, challenged his criminal convictions on the basis that his liberty and right to due process of the law, as protected by the Sixth and Fourteenth Amendments of the U.S. Constitution, were violated when the State of Nevada forcibly administered him with an antipsychotic drug during his trial. In November 1987, Riggins …Read more

Tags: Detainee, Forced treatment, Incompetence, Involuntary treatment, Mandatory treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Psychiatry, Psychosis
Download Judgment: English

R v Swain

Country: Canada
Year: 1991
Court: Supreme Court of Canada
Citation: [1991] 1 RCS
Health Topics: Mental health, Prisons, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Swain was arrested and charged with assault and aggravated assault. Due to his bizarre conduct during the incident and at the time of his arrest, Swain was transferred from jail to a mental health centre before trial. His condition improved with medication, and he was conditionally released into the community before trial. Swain continued to …Read more

Tags: Assault, Compulsory commitment, Compulsory confinement, Custody, Detention, Domestic abuse, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology, Psychosis, Threat of violence, Violence against women
Download Judgment: English

W v. Egdell

Country: United Kingdom
Year: 1990
Court: Court of Appeal, Civil Division
Citation: [1989] EWCA Civ 13; [1990] 2 WLR 471; [1990] Ch 359; [1990] 1 All ER 835
Health Topics: Health care and health services, Health information, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

W pled guilty to manslaughter on the grounds of diminished responsibility for the indiscriminate killing of several people. He was diagnosed with paranoid schizophrenia and was detained indefinitely in mental hospitals. A Mental Health Tribunal recommended W’s transfer to a regional secure unit (“RSU”) in 1984. The Secretary of State refused to consent to W’s …Read more

Tags: Compulsory commitment, Compulsory confinement, Confidentiality, Disclosure, Examination, Health records, Insanity, Involuntary commitment, Involuntary confinement, Law enforcement, Mandatory commitment, Mandatory confinement, Medical records, Mental disorder, Mental illness, Mental institution, Non-disclosure, Paranoia, Psychiatry, Psychology, Psychosis, Schizophrenia, Secrecy
Download Judgment: English

Eriksson v. Sweden

Country: Sweden
Year: 1989
Court: European Court of Human Rights
Citation: App. No. 11373/85, 12 Eur. H.R. Rep. 183 (1990).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Mental health
Human Rights: Right to due process/fair trial, Right to family life, Right to privacy
Facts:

Applicant and her daughter Lisa are Swedish nationals. Lisa was taken into public care shortly after her birth on the ground that the conditions in their home were unsatisfactory. Later on an appeal the court terminated the public care, but prohibited for an indefinite period the removal of Lisa from the foster home pursuant to …Read more

Tags: Child development, Children, Minor, Psychiatry, Psychology
Download Judgment: English French

H. v. France

Country: France
Year: 1989
Court: European Court of Human Rights
Citation: Application No. 10073/82; (1989) 12 EHRR 74
Health Topics: Disabilities, Health information, Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

  The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia.  In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more

Tags: Confidentiality, Depression, Disabled, Disclosure, Experimental treatment, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Involuntary treatment, Medical records, Mental disorder, Mental illness, Mental institution, Negligence, Non-consensual testing and treatment, Non-disclosure, Patient choice, Psychiatry, Public hospital, Schizophrenia, Unauthorized treatment
Download Judgment: English French

Luberti v. Italy

Country: Italy
Year: 1984
Court: European Court of Human Rights
Citation: App. No. 9019/80, 6 Eur. H.R. Rep. 440 (1984).
Health Topics: Health care and health services, Mental health
Human Rights: Right to due process/fair trial, Right to health, Right to liberty and security of person
Facts:

Applicant, Luberti, an Italian national, shot and killed his mistress and was sentenced to twenty years imprisonment. The applicant pleaded insanity and several experts concluded that the applicant was suffering from mental illness. These findings were accepted by the Court of Appeal and he was acquitted on grounds of mental incapacity and the applicant was …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Paranoia, Psychiatry, Psychosis
Download Judgment: English French Romanian Russian

X v. The United Kingdom

Country: United Kingdom
Year: 1981
Court: European Court of Human Rights
Citation: App. No. 7215/75, 4 Eur. H.R. Rep. 188 (1982).
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
Facts:

The applicant, a United Kingdom national who had previously been diagnosed with having a paranoid psychosis, claimed that the United Kingdom unlawfully deprived him of his liberty when authorities forcibly recalled him to a hospital for the criminally insane in which he had completed a prior sentence for a violent crime. At the time of …Read more

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Imprisonment, Incarceration, Inhuman treatment, Inmate, Involuntary commitment, Involuntary confinement, Jail, Mandatory confinement, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Psychology, Schizophrenia, Torture
Download Judgment: English French

Ramos v. Lamm

Country: United States
Year: 1980
Court: 10th Circuit Court of Appeal
Citation: 639 F.2d 559 (1980)
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Right of access to information, Right to due process/fair trial, Right to family life, Right to food, Right to health, Right to privacy
Facts:

This case was an appeal by the State of Colorado (“Colorado”) and Colorado prison officials, challenging an order from the Colorado Federal District Court directing the State of Colorado to close the maximum security unit of the Colorado State Penitentiary at Canon City (“Old Max”). Inmate Fidel Ramos filed a complaint alleging that the conditions …Read more

Tags: Access to health care, Access to treatment, Assault, Budget, Cruel and unusual punishment, Cruel treatment, Emergency care, Food, Food safety, Garbage, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health spending, Imprisonment, Inappropriate treatment, Incarceration, Inhuman treatment, Inmate, Jail, Mental disorder, Mental illness, Misdiagnosis, Prison conditions, Psychiatry, Psychology, Sewage, Trash, Waste, Waste management
Download Judgment: English

Winterwerp v. Netherlands

Country: Netherlands
Year: 1979
Court: European Court of Human Rights
Citation: Application No. 6301/73; (1979) 2 EHRR 387; [1979] ECHR 4
Health Topics: Mental health
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person
Facts:

Winterwerp brought an action against the Netherlands following his detention in a psychiatric hospital. Winterwerp was committed to a psychiatric hospital in accordance with the emergency procedure then in force under the Act on State Supervision of Mentally Ill Persons. Six weeks later, during Winterwerp’s emergency detention, his wife applied for his provisional detention at …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, Psychiatry, Psychology

Wyatt v. Stickney

Country: United States
Year: 1972
Court: Federal District Court of Alabama
Citation: 325 F.Supp. 781 (1971)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Mental health
Human Rights: Right to health
Facts:

Plaintiffs, the guardians of patients confined at Bryce Hospital, Alabama (the Hospital) and certain employees of the Alabama Mental Health Board assigned to the Hospital, requested an order of reference for an authoritative determination of standards of the adequacy of the current and future mental treatment employed by the Hospital in effecting the right to …Read more

Tags: Access to health care, Access to treatment, Budget, Health expenditures, Health funding, Health spending, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Primary care, Psychiatry, Psychology, Public hospitals
Download Judgment: English