22 judgments found.

Penafiel Parraga v. Ecuador

Country: Ecuador
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 73/09, Petition 4392-02, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Mental health, Prisons
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person
Facts:

This report addresses the admissibility of a petition that alleged Ecuador failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including the right to humane treatment. Wellington Geovanny Peñafiel Parraga was a former National Police officer who suffered psychological distress allegedly as a result of treatment he received during a …Read more

Tags: Custody, Depression, Detainee, Detention, Imprisonment, Jail, Law enforcement, Mental disability, Mental disorder, Mental illness, Police, Psychiatry, Psychology, Psychosis
Download Judgment: English Spanish

Marcela Alejandra Porco v. Bolivia

Country: Bolivia
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 8/08, Case 11.426
Health Topics: Controlled substances, Health care and health services, Mental health, Prisons, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The petitioner sued the Bolivian State (“the State”) for numerous violations regarding her treatment in prison. The present case is deciding whether this petition is admissible before the Inter-American Commission on Human Rights (“the Commission”). There is disagreement between the parties as to the facts. Marcela Alejandra Porco, an Argentine citizen, was detained in the …Read more

Tags: Abuse, Access to health care, Access to treatment, Cocaine, Counseling, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Examination, Imprisonment, Isolation, Jail, Mental illness, Mental institution, Prison conditions, Psychosis, Schizophrenia, Solitary confinement
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Storck v. Germany

Country: Germany
Year: 2005
Court: European Court of Human Rights
Citation: Storck v. F.R.G., App. No. 61603/00, 43 Eur. H.R. Rep. 96 (2005).
Health Topics: Disabilities, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Applicant, a German national, alleged violations under Article 5 (right to liberty and security of person), Article 6 § 1 (right to a fair hearing) and Article 8 (right to respect for his private and family life) of the European Convention on Human Rights concerning her involuntary placement and medical treatment in a private clinic …Read more

Tags: Compensation, Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Damages, Disabled, Forced examination, Forced treatment, Inappropriate treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory testing, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Non-consensual testing and treatment, Paranoia, Psychiatry, Psychosis, Schizophrenia
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Case T-209/99

Country: Colombia
Year: 1999
Court: Constitutional Court [Corte Constitucional]
Citation: Constitutional Court, Fourth Revision Chamber, April thirteen (13) ninty ninty nine (1999), Magistrate Dr. CARLOS GAVIRIA DÍAZ, Ruling T-209/99.
Health Topics: Health care and health services, Health systems and financing, Mental health
Human Rights: Right to bodily integrity, Right to family life, Right to health, Right to life, Right to social security
Facts:

This joint appeal involved two cases wherein mentally ill individuals were released from psychiatric hospitals into the care of their families. In File 152.647, Jorge Sandro Hernandez Tacuri had been repeatedly admitted into psychiatric hospitals because he suffered from a variety of mental psychosis, including schizophrenia and epilepsy. After treatment in the psychiatric hospital, Jorge …Read more

Tags: Access to health care, Access to treatment, Community-based care, Health insurance, Mental disability, Mental disorder, Mental illness, Mental institution, Psychosis, Schizophrenia, Social security
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Matter v. Slovak Republic

Country: Slovakia
Year: 1999
Court: European Court of Human Rights
Citation: Application No. 31534/96; [1999] ECHR 38
Health Topics: Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The Applicant, Mr Wilibald Rudolf Matter, had been undergoing psychiatric treatment for twenty years for a continually worsening syndrome of dementia. As a result, the Čadca District Court restricted his legal capacity in 1976, and later in 1983 deprived him of all legal capacity on the ground that he suffered from an “explosive and vexatious form …Read more

Tags: Compulsory examination, Forced examination, Incapacity, Involuntary examination, Mandatory examination, Mental disability, Mental disorder, Mental illness, Paranoia, Psychosis
Download Judgment: English

Reid v. Secretary of State for Scotland

Country: United Kingdom
Year: 1999
Court: House of Lords
Citation: [1999] 1 All ER 481
Health Topics: Hospitals, Mental health, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Hutchison Reid, the respondent, was convicted of culpable homicide in 1967. He was made the subject of a hospital order and a restriction order without any time limit under the Criminal Procedure (Scotland) Act 1955 (the Criminal Procedure Act). A restriction order under the Criminal Procedure Act could only be made if the person posed …Read more

Tags: Compulsory commitment, Involuntary commitment, Mandatory commitment, Mental disorder, Mental illness, Mental institution, Psychology, Psychosis, Public hospitals, Sexual violence
Download Judgment: English

Winko v British Columbia (Forensic Psychiatric Institute)

Country: Canada
Year: 1999
Court: Supreme Court of Canada
Citation: [1999] 2 SCR 625
Health Topics: Hospitals, Mental health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The appellant was schizophrenic and was arrested for attacking pedestrians on the street with a knife. Prior to the incident he had been hearing voices. The appellant was charged with aggravated assault, assault with a weapon, and possession of a weapon for purposes dangerous to the public peace. He was found not criminally responsible (“NCR”) …Read more

Tags: Assault, Compulsory commitment, Compulsory confinement, Freedom from discrimination. TAGS: Health facilities, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychosis, Public hospitals, Right to bodily integrity, Schizophrenia
Download Judgment: English

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

R v. Chaulk

Country: Canada
Year: 1990
Court: Supreme Court
Citation: [1990] 3 SCR 1303
Health Topics: Mental health
Human Rights: Right to due process/fair trial
Facts:

The appellants were found guilty of first degree murder. At trial, expert evidence was given that the appellants suffered from a paranoid psychosis which made them believe they could rule the world, and in order to achieve this they had to kill. Although they were aware that the laws of Canada existed, the appellants did …Read more

Tags: Incapacity, Insanity, Mental capacity, Mental competence, Mental disability, Mental disorder, Mental illness, Paranoia, Psychosis, Sociopath
Download Judgment: English