102 judgments found.

V.R.P., et al. v. Nicaragua

Country: Nicaragua
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 3/09, Petition 4408-02, February 11, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Infectious diseases, Informed consent, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Petitioner V.P.C. stated that on two occasions, her father H.R.A. took her nine-year-old daughter V.R.C. to a remote site, drugged her, and sexually abused her. Petitioner took her daughter to the hospital on October 16, 2001 because her daughter could not control her bowels. The doctor biopsied polyps near the daughter’s rectum and found that …Read more

Tags: Assault, Buggery, Depression, Forced examination, Involuntary examination, Mandatory examination, Mental disorder, Mental illness, Minor, Molestation, Pediatric health, Psychiatry, Psychology, Rape, Sexual abuse, Sexual assault, Sexual violence, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs, Trauma, Violence against women
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Citizens’ Association “Polio Plus” to the Constitutional Court

Country: Macedonia
Year: 2008
Court: Constitutional Court
Citation: 202/2007-0-0
Health Topics: Disabilities, Hospitals, Mental health
Human Rights: Freedom from discrimination, Right to property
Facts:

Citizens’ Association “Polio Plus” (the Association) challenged provisions of the Law on Mental Health (the Law) that regulated whether or not a person with mental illness would be given the right to possess personal items, such as clothing or items for hygiene, while resident in a mental health facility. These provisions stipulated that certain persons …Read more

Tags: Disabled, Health facilities, Mental disability, Mental illness, Psychiatry
Download Judgment: English Macedonian

Shtukaturov v. Russia

Country: Russia
Year: 2008
Court: European Court of Human Rights
Citation: App. No. 44009/05, Eur. Ct. H.R. (2008).
Health Topics: Informed consent, 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 liberty and security of person, Right to privacy
Facts:

The applicant, Mr. Shtukaturov, was born in 1982 and first began showing signs of mental illness in 2002. In August 2002, he was held for approximately 8 months in a psychiatric hospital, receiving a diagnosis of simple schizophrenia. On August 3, 2004, Shtukaturov’s mother petitioned the Vasileostrovskiy District Court of St. Petersburg, claiming that her …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Cruel treatment, Depression, Forced examination, Incapacity, Inhuman treatment, Involuntary commitment, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mandatory confinement, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Psychiatry, Schizophrenia, Unauthorized treatment
Download Judgment: English

Khudobin v. Russia

Country: Russia
Year: 2007
Court: European Court of Human Rights
Citation: Application No. 59696/00; (2006) ECHR 898
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, 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:

Mr. Khudobin, a Russian national, filed an application against the Russian Government for allegedly violating several articles of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). The applicant was arrested after he was caught supplying heroin to an undercover police agent. He was placed in custody during pre-trial investigations and …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug enforcement, Examination, Hepatitis, Heroin, HIV, HIV positive, HIV status, Inhuman treatment, Insanity, Lung disease, Measles, Mental disorder, Mental illness, Morphine, Neurological diseases, Noncommunicable diseases, People living with HIV/AIDS, PLHIV, Pneumonia, Prison conditions, Psychiatry, Pulmonary diseases, Respiratory diseases
Download Judgment: English Azeri French Georgian

Corey Brough v. Australia

Country: Australia
Year: 2006
Court: United Nations Human Rights Committee
Citation: U.N. H.R. Comm., U.N. Doc. CCPR/C/86/D/1184/2003 (Apr. 27, 2006).
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 health
Facts:

The applicant was an underage Aboriginal Australian who alleged violation of Articles 7 (freedom from torture or to cruel, inhuman or degrading treatment and punishment), 10 (guaranteed dignity of detained persons) and 24 (child’s right to freedom from discrimination) of the International Covenant on Civil and Political Rights (ICCPR) when he was placed under incarceration …Read more

Tags: Child development, Children, Compulsory confinement, Detention, Mental disability, Mental illness, Minor, Psychiatry, Solitary confinement, Torture
Download Judgment: English

Sestan v. Director of Area Mental Health Services Waitemata District Health Board

Country: New Zealand
Year: 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
Facts:

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

Tags: Bipolar, Compulsory commitment, Compulsory confinement, Depression, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Mental institution, Psychiatry, Schizophrenia
Download Judgment: English

Ximenes-Lopes v. Brazil

Country: Brazil
Year: 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
Facts:

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

Tags: Abuse, Clinics, Cruel treatment, Degrading treatment, Depression, Humiliating treatment, Inappropriate treatment, Inhuman treatment, Involuntary confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Private hospitals, Psychiatry, Psychology, Torture
Download Judgment: English Portuguese Spanish

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
Facts:

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

Tags: Asylum, Community-based care, Compulsory commitment, Cruel treatment, Degrading treatment, Depression, Humiliating treatment, Immigration, Inhuman treatment, Involuntary commitment, Mandatory commitment, Mental disorder, Mental health, Mental illness, Mental institution, Military, Militias, Paranoia, Psychiatry, Suicide, Terrorism, Torture, Trauma
Download Judgment: English

JD (FC) v. East Berkshire Community Health NHS Trust and Ors.

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 23
Health Topics: Child and adolescent health, Medical malpractice, Mental health, Violence
Human Rights: Right to due process/fair trial
Facts:

JD and MAK, parents of children with severe medical conditions, were wrongly suspected of child abuse through the misdiagnosis of their children by doctors. The ensuing investigation was conducted negligently. Each parent in consequence suffered psychiatric disorder and their family life was disrupted and they issued proceedings against the respective health authorities and individual doctors …Read more

Tags: Children, Domestic abuse, Duty of care, Negligence, Pediatric health, Psychiatry, Psychology, Tort
Download Judgment: English