35 judgments found.

M.A. v. Cyprus

Country: Cyprus
Year: 2020
Court: European Court of Human Rights
Citation: [2020] ECHR 37321/18
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant is an inmate who argued that his living conditions did not meet the health standards set out under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms after being displaced from the prison’s mental health unit. The applicant suffers from paranoid schizophrenia and severe visual impairment. He was …Read more

Tags: Detention, Imprisonment, Inhuman treatment, Mental disability, Mental disorder, Prison conditions, Psychiatry, Schizophrenia
Download Judgment: English

Pellett (Re)

Country: Canada
Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 753
Health Topics: Controlled substances, Health care and health services, Informed consent, Medicines, Mental health
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The appellant was a 62 year old female diagnosed with schizophrenia. She had a long-standing history of hospitalization, treatment, release, de-compensation, relapse, and re-admission. When psychotic, the appellant had a history of troubling behaviour, including attempts to divert traffic, throwing objects out of a window, crashing her car and smashing other cars with brooms. The …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Community-based care, Compulsory treatment, Harm reduction, Informed choice, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Patient choice, Pharmaceuticals, Psychiatry, Psychosis, Psychotropic drugs, Schizophrenia
Download Judgment: English

Thompson v Ontario (Attorney General)

Country: Canada
Year: 2016
Court: Ontario Court of Appeal
Citation: 2016 ONCA 676
Facts:

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

Tags: Community-based care, Compulsory commitment, Compulsory examination, Compulsory treatment, Forced examination, Forced treatment, Health care and health services, Incapacity, Informed choice, Informed consent, Involuntary examination, Mental competence, Mental disability, Mental disorder, Mental health, Mental institution, Psychiatry, Public safety, Schizophrenia
Download Judgment: English

Aurnhammer v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 36356/10
Health Topics: Health care and health services, Hospitals, Medicines, Mental health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
Facts:

On August 19, 2004, Mr. Veit Aurnhammer was convicted by the Regensburg Juvenile District Court of causing bodily harm and damage to property after he struck two ticket collectors in the face when they tried to prevent him from evading ticket controls. Aurnhammer was further convicted of dangerous bodily injury after attacking his sleeping cellmate …Read more

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

DD v. Secretary of State for Home Department

Country: United Kingdom
Year: 2014
Court: Royal Courts of London
Citation: [2014] EWHC 3820 (Admin)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The claimant, DD, a Somali man, was granted asylum and indefinite leave to remain shortly after his arrival in the UK in 2003. Due to his involvement in fundraising for Al-Shabaab, a Terrorism Prevention and Investigation Measure (TPIM) was imposed in 2012. He was charged with breaching the TPIM, remanded into custody, and was sentenced …Read more

Tags: Custody, Degrading treatment, Depression, Detention, Imprisonment, Inhuman treatment, Mental disability, Mental illness, Psychiatry, Psychosis, Refugees, Schizophrenia, Solitary confinement, Terrorism, Torture, Trauma
Download Judgment: English

Shatrughan Chauhan and another v. Union of India and others

Country: India
Year: 2014
Court: Supreme Court
Citation: Writ Petition 55 of 2013
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to life
Facts:

Fifteen criminal convicts sentenced to the death penalty challenged their sentences as in violation of Article 21 of the Indian Constitution, which protects the right to life. They claimed that the executive orders rejecting their mercy petitions were passed without considering supervening events, including delay, insanity, solitary confinement, and procedural lapses. Two convicts alleged that the …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detainee, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Insanity, Isolation, Jail, Mental competence, Mental disability, Mental disorder, Mental illness, Psychiatry, Psychology, Schizophrenia, Solitary confinement, Torture
Download Judgment: English

Aswat v. United Kingdom

Country: United Kingdom
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 17299/12
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant was a man suffering from severe paranoid schizophrenia. He was indicted in the United State as a co-conspirator in an effort to establish a jihad training camp in Oregon. At the time of trial, the applicant was detained in a hospital in the UK and was subject to an extradition request made by …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Imprisonment, Incarceration, Inhuman treatment, Inmate, Isolation, Jail, Mental illness, Prison conditions, Schizophrenia, Solitary confinement, Terrorism
Download Judgment: English

B. v. Romania (no. 2)

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 1285/03
Health Topics: Disabilities, Informed consent, Mental health
Human Rights: Right to family life, Right to privacy
Facts:

The applicant, M.B., filed a complaint with the European Court of Human Rights for a violation of (1) laws concerning compulsory admission to psychiatric hospitals and (2) laws concerning decisions in child-rearing where the parent or guardian’s mental capacity is in question. M.B. was diagnosed in 2000 with paranoid schizophrenia. As a result of her …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Counselling, Disabled, Forced examination, Handicapped, Incapacity, Incompetence, Informed choice, Involuntary commitment, Involuntary confinement, Involuntary examination, Mandatory commitment, Mandatory confinement, Mandatory examination, Mental competence, Mental disability, Mental disorder, Mental illness, Paranoia, Patient choice, Schizophrenia
Download Judgment: English

Petukhova v. Russia

Country: Russia
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28796/07
Health Topics: Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Applicant, Petukhova, argued that she was deprived of her liberty when she was forced to have an involuntary examination. She alleged that this violated Article 5 § 1 (b) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”), which protects the right to liberty and security of person. In December 2005, …Read more

Tags: Compulsory examination, Forced examination, Informed consent, Involuntary commitment, Involuntary confinement, Involuntary examination, Mandatory examination, Mental competence, Mental disorder, Mental health, Mental illness, Paranoia, Patient choice, Schizophrenia
Download Judgment: English

Thompson, et al. v. Ontario

Country: Canada
Year: 2013
Court: Ontario Superior Court of Justice
Citation: 2013 ONSC 5392
Health Topics: Health care and health services, Health systems and financing, Mental health, Public safety
Human Rights: Freedom from discrimination, Right to life
Facts:

The Court examined the constitutionality of Brian’s Law, which was passed in 2000 after a man named Brian Smith was fatally shot by an untreated schizophrenic. The law included expanded committal criteria and allowed for involuntary admission for individuals who had experienced “substantial mental deterioration,”even if they were not necessarily a danger to others. In …Read more

Tags: Community-based care, Compulsory commitment, Compulsory confinement, Examination, Health regulation, Incapacity, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Psychiatry, Schizophrenia, Threat of violence
Download Judgment: English