Hrlc.org.au

Incapacity, inhuman or degrading treatment, and the …

WEBStanev v Bulgaria [2012] ECHR 46 (17 January 2012) The Grand Chamber of the European Court of Human Rights held that a man who had been declared partially incapacitated …

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URL: https://www.hrlc.org.au/human-rights-case-summaries/incapacity-inhuman-or-degrading-treatment-and-the-right-of-mentally-ill-persons-to-access-the-courts

Right to liberty in the context of mental illness

WEBThe Secretary of State for Justice v RB & Anor [2011] EWCA Civ 1608 (20 December 2011) In this case the UK Court of Appeal considered whether the power to detain a convicted …

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Court concludes that complainant had been subject to indirect

WEBRyan as Personal Representative of the Estate of the Late Peter John Ryan v Sunshine Coast Hospital and Health Service [2021] FCCA 1537 This case is an important …

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UN Special Rapporteur condemns cruel, inhuman and degrading …

WEBIn his authoritative report presented to the Human Rights Council on 4 March, UN Special Rapporteur on torture Juan Méndez takes a new, groundbreaking look at different …

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Sterilisation of woman amounted to breach of respect for private …

WEBV.C. v Slovakia [2011] ECHR 1888 (8 November 2011). Summary. In this case, the European Court of Human Rights held that the sterilisation of a woman, in …

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People struggling with mental illness overrepresented in Victoria’s

WEBPeople experiencing mental illness are being criminalised rather than supported in the community, the Human Rights Law Centre has said in a submission to the Royal …

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Court finds that complainant was subject to systemic …

WEBAustin Health v Tsikos [2023] VSCA 82. Summary. On 17 April 2023, the Victorian Court of Appeal overruled the decision of the Victorian Civil and Administrative Tribunal (‘VCAT’) …

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Health — Human Rights Case Summaries Human Rights Law Centre

WEBChristian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario [2019] ONCA 393. Two policies required Ontario medical professionals to refer …

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Improving prisoner and public health Human Rights Law Centre

WEBThe Australian Capital Territory will become the first Australian jurisdiction to trial a needle and syringe program in prison – a principled, evidence-based, human rights-compliant …

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Control Orders, the Right to a Fair Hearing and Compensation for

WEBSecretary of State for the Home Department v AF [2010] EWHC 42 (Admin) (18 January 2010) The England and Wales High Court recently held that non-derogating control orders imposed on two UK citizens under anti-terrorism legislation were void ab initio. This resulted in a more favourable

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Women in NSW a step closer to safe access to reproductive …

WEBThe safety, wellbeing and dignity of women seeking reproductive health services is a step closer to being protected in New South Wales through a bill that would guarantee safe access zones around abortion clinics.

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Safe and private access to reproductive healthcare finally …

WEBWomen in NSW will no longer be forced to run a gauntlet of abuse and harassment just to see their doctor after the NSW Parliament today passed a bill to create safe access …

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Family Court of Australia clears the way for young trans people to

WEBRe Kelvin [2017] FamCA 78 The Full Family Court of Australia has held that Stage 2 hormone treatment for transgender young people does not require the court’s …

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Mental Health: Submission to Review of Mental Health Act 1986 (Vic)

WEBOn 8 May 2008 the Minister for Health announced a review of the Mental Health Act 1986 (Vic). In December 2008 a Consultation Paper designed to stimulate discussion and …

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Victorian Supreme Court holds electroconvulsive treatment …

WEBPBU & NJE v Mental Health Tribunal [2018] VSC 564 (1 November 2018). Summary . The Victorian Supreme Court has confirmed that the capacity test under the Mental Health …

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Public intoxication to finally be decriminalised

WEBNext week on 7 November 2023, being intoxicated in public will finally be decriminalised. This is an historic and long overdue reform, with laws repealing the offence coming into …

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Reproductive Rights Human Rights Law Centre

WEBNo one should be intimidated and abused by strangers on the way to see their doctor. We work with partners across legal, community and health sectors to secure and defend …

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The Charlie Gard case: UK High Court rules against experimental …

WEBGreat Ormond Street Hospital v Yates [2017] EWHC 1909 (Fam) (24 July 2017). Summary. In a high-profile dispute between the parents of a terminally ill child and doctors at the …

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A Fairer Australia: Key Human Rights Priorities for the Gillard

WEBOn 14 September 2010, the Human Rights Law Resource Centre wrote to the Attorney-General, the Hon Rob McClelland, urging that the promotion and protection of human …

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Smoking bans can breach human rights Human Rights Law Centre

WEBCM, Re Judicial Review [2013] ScotCS CSOH_143 (27 August 2013). Summary. This case concerns the judicial review of a smoking ban imposed at the State Hospital of Scotland. …

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Tasmanian abortion reform: Decriminalisation is central to the

WEBTasmania’s move to decriminalise abortion has been welcomed by the Human Rights Law Centre in a submission to a Parliamentary Committee reviewing the proposed laws.

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Australian Government should pass Duty of Care law to protect …

WEBA legislated duty of care to current and future Australian children would positively accelerate the Australian Government’s action to tackle climate change and create a fairer and …

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