PBU v Mental Health Tribunal
Country: AustraliaYear: 2018
Court: Supreme Court of Victoria
Citation: [2018] VSC 564
Both the plaintiffs were diagnosed with schizophrenia and were ordered to undergo compulsory electroconvulsive treatment (ECT). The case arose from the plaintiffs’ appeal of the Victorian Civil and Administrative Tribunal’s (VCAT) order that they are administered ECT. VCAT made this decision pursuant to its findings that both individual plaintiffs lacked the capacity to give informed …Read more
Transgender Europe and ILGA-Europe v. the Czech Republic
Country: Czech RepublicYear: 2018
Court: European Committee of Social Rights
Citation: Complaint No. 117/2015
Transgender Europe and ILGA-Europe, the petitioners, filed a complaint before the European Committee of Social Rights (hereinafter “the Committee”). The plaintiffs alleged before the Committee that the situation in the Czech Republic was in breach of art.11 either alone or in light of the non-discrimination clause of the Preamble to the 1961 European Social Charter …Read more
NN v. The Member of the Executive Council for Health
Country: South AfricaYear: 2015
Court: The High Court of South Africa (Eastern Cape Local Division: Mthatha)
Citation: Case No. 2571/13
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
The plaintiff filed a suit in her personal capacity and as a guardian of her minor child, Z alleging medical negligence. She alleged that the hospital failed to determine the need for a Caesarean Section and due to prolonged labour and foetal distress, Z suffered from cerebral damage at birth. The Defendant pleaded that under …Read more
Dvořáček v. Czech Republic
Country:Year: 2014
Court: 2014
Citation: ECHR 328 (2014)
This case is concerned with the conditions surrounding the compulsory admission of the applicant, Mr. Dvořáček, to a psychiatric hospital to undergo, what the European Court of Human Rights described as, “protective sexological treatment”. The applicant was diagnosed with Wilson’s disease in 1999 and was also found to be afflicted with hebephilia owing to which …Read more
Gajewski v. Wilkie
Country: CanadaYear: 2014
Court: Ontario Court of Appeal
Citation: [2014] O.J. No. 6026
The Appellant, Mr. Bartosz Gajewski, was detained at the Centre for Addiction and Mental Health (hereinafter CAMH) in Toronto after he was found to be suffering from a mental disorder at his trial on the charges of assault and attempted kidnapping. After his admission into CAMH, the doctor proposed antipsychotic medication and provided information to …Read more
Hallo Bi @ Halima W/O Aamin v. State of Madhya Pradesh & two Others
Country: IndiaYear: 2013
Court: High Court of Madhya Pradesh
Citation: 2013SCCONLINEMP445
The petitioner in the present case was a pregnant woman, languishing in jail for allegedly committing murder under Section 302 of the Indian Penal code, of Usman, who forced her into prostitution and committed rape on her. An application for termination of her pregnancy was rejected by the Chief Judicial Magistrate and therefore the case …Read more
T., S. v. Gobierno de la Ciudad de Buenos Aires
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: T. 421. XXXVI.
Health Topics: Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against a public hospital in the city of Buenos Aires, to obtain the termination of a pregnancy because the fetus was anencephalic (a baby born with an underdeveloped brain and an incomplete skull), which was denied by the hospital. Abortions are illegal in …Read more
Winko v British Columbia (Forensic Psychiatric Institute)
Country: CanadaYear: 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
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
B. R. E. v. Policía Federal Argentina
Country: ArgentinaYear: 1996
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 77. XXX.
Health Topics: HIV/AIDS, Informed consent, Public safety
Human Rights: Right of access to information, Right to bodily integrity, Right to health, Right to life, Right to privacy, Right to work
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Argentine Federal Police, which issued a resolution forcing the plaintiff to retire from the police force due to being HIV positive. The HIV test was performed without the consent of the plaintiff, which constituted a violation of his right to privacy. …Read more