British Columbia Civil Liberties Association v Canada (Attorney General)
Country: CanadaYear: 2018
Court: Supreme Court of British Columbia
Citation: 2018 BCSC 62
Health Topics: Mental health, Prisons
Human Rights: Right to bodily integrity, Right to life
The plaintiffs are two non-profit organizations, the British Columbia Civil Liberties Association and the John Howard Society of Canada. The plaintiffs challenged the constitutionality of sections 31-33 and 37 of the Corrections and Conditional Release Act (CCRA), which authorized administrative segregation of inmates in federal prisons. Section 31 provided that the purpose of administrative segregation …Read more
Case Of Fernandes De Oliveira v. Portugal
Country: PortugalYear: 2017
Court: The European Court of Human Rights
Citation: [2017] ECHR 78103/14
Health Topics: Controlled substances, Health care and health services, Hospitals, Mental health
Human Rights: Right to life
The applicant’s son, A.J., had a history of mental health disorders, and alcohol and substance addiction, and since 1984 had spent several periods in psychiatric hospitals. During the period in September 1999 in which A.J. was hospitalised, the doctor treating A.J. did not permit him to leave the hospital whilst he was being treated. However, …Read more
Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania
Country: RomaniaYear: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea. Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more
Carter v. Canada (Attorney General)
Country: CanadaYear: 2015
Court: Supreme Court
Citation: 2015 SCC 5
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to life
After Plaintiff Gloria Taylor was diagnosed with a terminal illness in 2009, she challenged the constitutionality of the Canadian Criminal Code Section 241(b), which prohibited assistance in dying. The trial court held that the law was unconstitutional and granted Taylor an exemption from the law. The Court of Appeal reversed, basing their decision on the …Read more
Kings College Hospital NHS Foundation Trust v. C and V
Country: United KingdomYear: 2015
Court: Court of Protection
Citation: [2015] EWCOP 80
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity
The Kings College Hospital challenged respondent C’s ability to decide to end life-saving treatment, effectively choosing to die, by alleging that she lacked mental capacity. C had attempted to commit suicide by ingesting 60 paracetamol tablets with champagne. She made this decision shortly after undergoing treatment for breast cancer and ending of a long term …Read more
Stransham-Ford v. Minister of Justice and Correctional Services, et al.
Country: South AfricaYear: 2015
Court: High Court, North Gauteng
Citation: [2015] ZAGPHC, 27401/15
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to life
This case concerned physician-assisted suicide in South Africa. The applicant, a 66-year-old highly educated, experienced lawyer with four children and a mother, had terminal stage 4 cancer with only a few weeks left to live and brought suit against various government ministries. He sought a declaratory order that a medical practitioner may end, or enable …Read more
R. (on the application of Nicklinson) v. Ministry of Justice
Country: United KingdomYear: 2014
Court: The Supreme Court of the United Kingdom
Citation: [2014] HRLR 17
Health Topics: Disabilities, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to liberty and security of person
The appellants, all individuals suffering from severe medical conditions, wished to die but were physically incapable of doing so themselves, due to their respective medical limitations. They could not find anyone to assist them in ending their lives; UK law criminalized assisting suicide. At issue was whether s. 2(1) of the Suicide Act 1961 (“s. …Read more
Zierd v. Germany
Country: GermanyYear: 2014
Court: The European Court of Human Rights
Citation: App. No. 75095/11
Health Topics: Health care and health services, Hospitals, Medicines, Mental health
Human Rights: Right to bodily integrity
Ms. Rosel Zierd filed an application claiming that the psychiatric medication administered against her late son’s will violated her own and her late son’s Convention rights. On May 31, 2006, Ms. Zierd’s son, H, was found by the Meiningen Regional Court to have committed a number of traffic offenses, including involuntary manslaughter. The court determined …Read more
F.K.A.G. et al. v. Australia
Country: AustraliaYear: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2049/2011, CCPR/C/108/D/2094/2011
Health Topics: Child and adolescent health, 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 liberty and security of person
The authors, 37 Sri Lankan citizens held in Australian immigration detention facilities, alleged that the actions of the Australian government regarding their detention violated Articles 7, 9, 10, 17, 23, and 24 of the International Covenant on Civil and Political Rights (the “Covenant”). At the time of the submission, all of the authors were …Read more
Re SB
Country: United KingdomYear: 2013
Court: Court of Protection
Citation: [2013] EWHC 1417 (COP)
Health Topics: Hospitals, Informed consent, Medicines, Mental health, Sexual and reproductive health
A pregnant 37-year-old woman diagnosed with bipolar disorder was compulsorily detained under Section 2 of the Mental Health Act 1983. She had been on and off medication for 8 years and had suffered both remissions and relapses, due to which she was detained at various times in Italy, France and in England where she currently …Read more