Andersson, Anne-Marie v. Sweden
Country: SwedenYear: 1997
Court: European Court of Human Rights
Citation: App. No. 20022/92, 25 Eur. H.R. Rep. 722 (1998).
Health Topics: Child and adolescent health, Health care and health services, Health information, Health systems and financing, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Applicant, a Swedish national who lived with her youngest son was unable to work as a result of dental problems which caused her severe pain, and anxiety about a dispute with her landlord. She contacted a psychiatric clinic in order to receive a medical certificate which would enable her to claim sickness benefit from the …Read more
Burnett v. Mental Health Tribunal
Country: AustraliaYear: 1997
Court: Supreme Court of Australian Capital Territory
Citation: [1997] ACTSC 310
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
This case involved a challenge to a decision of the Australian Capital Territory (ACT) Mental Health Tribunal. The ACT Supreme Court set aside an order to detain and administer psychiatric treatment to Geraldine Patricia Burnett, a 38 year old woman who suffered from a mild psychotic disorder. Burnett had at various times been taken into …Read more
Johnson v. United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: App. No. 22520/93, 27 Eur. H.R. Rep. 296 (1999).
Health Topics: Health care and health services, Mental health, Prisons, Public safety
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to health, Right to liberty and security of person
Applicant was a British national suffering from mental illness whilst on prison remand in 1984. He had served sentences for various physical assault convictions. The court imposed a hospital order on the applicant and subjected him to a heightened restriction order for the protection of the public from serious harm under the 1983 Mental Health …Read more
Jaffee v. Redmond
Country: United StatesYear: 1996
Court: Supreme Court
Citation: 518 U.S. 1 (1996)
Health Topics: Health information, Mental health
Human Rights: Right to privacy
Respondent, Redmond, received counseling from a licensed clinical social worker after a “traumatic incident” in which she shot and killed a man while on duty as a police officer. Petitioner, Allen, the administrator of the estate of the deceased, filed an action in the Federal District Court seeking damages and alleging that Respondent had violated …Read more
Sahadath v. Trinidad and Tobago
Country: Trinidad and TobagoYear: 1996
Court: United Nations Human Rights Committee
Citation: Communication No. 684/1996, CCPR/C/74/D/684/1996
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
R.S. was convicted of murder and sentenced to death. On 8 March 1996, the same day that five other warrants of execution were read (although the prison was only equipped to handle two executions a day), R.S. was read a warrant for his execution, to take place on 13 March 1996. Along with a psychiatrist, …Read more
Francis v. Jamaica
Country: JamaicaYear: 1995
Court: United Nations Humans Right Committee
Citation: Communication No 606/1994
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
Francis (F) had been convicted of murder and sentenced to death in February 1980. An appeal was dismissed in November 1981 and in October 1987 a note of the oral judgment was produced but nothing written was issued. His lawyers had apparently stated that they could find no grounds to argue on his behalf with …Read more
Kay v. United Kingdom
Country: United KingdomYear: 1994
Court: European Commission on Human Rights
Citation: Application No. 17821/91
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The applicant, a British citizen, claimed violations of sections one and four of Article 5 of the European Convention on Human Rights (the “Convention”) related to his involuntary recall to medical detention by the Home Secretary. In 1970, the applicant raped and killed his twelve year old neighbor. In January of 1971, the applicant pled …Read more
Department of Health & Community Services v JWB & SMB (“Marion’s Case”)
Country: AustraliaYear: 1992
Court: High Court
Citation: (1992) 175 CLR 218; [1992] HCA 15
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
“Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more
Herczegfalvy v. Austria
Country: AustriaYear: 1992
Court: European Commission on Human Rights
Citation: App. No. 10533/83, Eur. Ct. H.R. 58 (1992).
Health Topics: Diet and nutrition, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to family life, Right to liberty and security of person
Applicant, a Hungarian national, served a prison sentence during which he assaulted prison officers, other detainees and threatened judges. He served a six-month pre-detention period in a facility for mentally ill offenders where he remained until his conditional release. He claims that his rights pursuant to Article 5 of the European Convention of Human Rights …Read more
Megyeri v. Germany
Country: GermanyYear: 1992
Court: European Court of Human Rights
Citation: App. No. 13770/88, 15 Eur. H.R. Rep. 584 (1993).
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
The applicant, a Hungarian citizen living in Germany, was detained in a psychiatric hospital based on the finding that he had performed acts which constituted criminal offences but for which he could not be held responsible because he was mentally disabled. The applicant instituted numerous proceedings concerning the review of his detention without representation by …Read more