Minister for Immigration and Multicultural and Indigenous Affairs v. SGLB
Country: AustraliaYear: 2004
Court: High Court
Citation: (2004) 78 ALD 224; (2004) 207 ALR 12; (2004) 78 ALJR 992; [2004] HCA 32
Health Topics: Mental health
Human Rights: Right to due process/fair trial
The Respondent, SGLB, was an Iranian national who arrived in Australia without a visa in June 2000. He was immediately placed in immigration detention. In his initial interview with immigration officers there was “no suggestion by him that any fear of persecution and possible incarceration by the authorities there motivated his departure from Iran” (para. …Read more
Re Woolley, ex parte Applicants M276
Country: AustraliaYear: 2004
Court: High Court
Citation: (2004) 225 CLR 1; (2004) 80 ALD 1; (2004) 210 ALR 369; (2004) 79 ALJR 43; (2004) 32 Fam LR 180; [2004] HCA 49
Health Topics: Child and adolescent health, Infectious diseases, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Freedom of religion, Right to liberty and security of person
The Applicants were four Afghani children who arrived in Australia with their parents as “unlawful non-citizens” (a person who is in the migration zone who is not an Australian citizen and who does not hold a valid visa) according to the Migration Act 1958 (the Act). The family was placed in immigration detention pursuant to …Read more
Regina (on the application of H) v. Secretary of State for the Home Department
Country: United KingdomYear: 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
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
Sell v. United States
Country: United StatesYear: 2003
Court: Supreme Court
Citation: 539 U.S. 166 (2003)
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person
Petitioner, Sell, had a long history of mental illness. In 1998, a federal grand jury issued an indictment charging Sell with attempting to murder an FBI agent who had arrested him in connection with a separate charge of mail fraud and a former employee who planned to testify against him in the upcoming fraud case. …Read more
Benedict Jacob v. Grenada
Country: GrenadaYear: 2002
Court: Inter-American Commission on Human Rights
Citation: "Report No. 56/02, Case 12.158, Inter-Am. C.H.R., Doc. 5 rev.1 at 601, OEA/Ser.L/V/II.117 Doc. 1 rev. 1, 7 March 2003"
Health Topics: Mental health, Poverty, Prisons
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, Right to life
Jacob was convicted of murder by the State and a mandatory death sentence by hanging was imposed on him in accordance with the domestic law of Grenada. Jacob and the deceased had been in a relationship and had lived together previously, ending their cohabitation a few months before the deceased’s death. A psychiatrist testified on …Read more
Naushad Ali v. State
Country: FijiYear: 2002
Court: High Court
Citation: Criminal Appeal No. HAA 0083 of 2001
Health Topics: Child and adolescent health, Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
N, a cane cutter, was arrested on charges of having unlawful sexual intercourse with his six year old daughter contrary to s 175 of the Penal Code. Within two hours he was presented before the court and cautioned. The magistrate asked N whether he wished to consult his lawyer, but he declined. At trial he …Read more
P, C, & S v. United Kingdom
Country: United KingdomYear: 2002
Court: European Court of Human Rights
Citation: Application No. 56547/00
Health Topics: Child and adolescent health, Mental health
Human Rights: Right to due process/fair trial, Right to family life
P was a U.S. citizen and C was her British husband. Their daughter, S, was born in 1998 in the UK. In 1985, P had given birth to a son B in the US. In 1994, the California authorities took B into protective custody, alleging that P was harming B by administering laxatives to him …Read more
Bensaid v. United Kingdom
Country: United KingdomYear: 2001
Court: European Court of Human Rights
Citation: Application No. 44599/98; (2001) 33 EHRR 10; [2001] ECHR 82; [2001] MHLR 287; [2001] INLR 325; 11 BHRC 297
Health Topics: Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life
Bensaid brought an action against the United Kingdom as a result of a proposed deportation order to Algeria. Bensaid was a schizophrenic suffering from a psychotic illness. He had arrived in the United Kingdom from Algeria in 1989 and had been granted indefinite leave to remain after marrying a United Kingdom citizen. This leave lapsed …Read more
K. and T. v. Finland
Country: FinlandYear: 2001
Court: European Court of Human Rights
Citation: Application No. 25702/94; (2003) 36 EHRR 18; [2000] ECHR 173
Health Topics: Child and adolescent health, Hospitals, Mental health
Human Rights: Right to family life
Applicants were two Finnish Nationals, a mother (K.) and her cohabitant (T.). K., a diagnosed schizophrenic, had a history of hospitalization. At the time K. and T. began cohabitating in 1991, K.’s daughter (P.) and son (M.) were living with her. The children had different fathers, neither of whom was T. In 1992, custody of …Read more
Keenan v. United Kingdom
Country: United KingdomYear: 2001
Court: European Court of Human Rights
Citation: App. No. 27229/95, 33 Eur. H.R. Rep. 913 (2001).
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Medicines, Mental health, Prisons
Human Rights: 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 life
The applicant brought an action on behalf of her mentally ill son, Mark Keenan, who killed himself in prison, alleging the State was in violation of Articles 2 (right to life), 3 (prohibition of torture) and 13 (right to an effective remedy) of the European Convention. The applicant alleged that her son, who was known …Read more