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71 judgments found.


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

Case Of Fernandes De Oliveira v. Portugal

Country: Portugal
Year: 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
Facts:

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

Tags: Alcohol, Clinics, Drug use, Health facilities, Mental disorder, Mental illness, Psychiatry, Substance abuse, Suicide, Trauma
Download Judgment: English

Somner v. The Queen and Tucker v. Miller

Country:
Year: 2016
Court: Supreme Court of Bermuda
Citation: [2016] SC (Bda) 81 App
Health Topics: Controlled substances, Health care and health services
Human Rights: Right to due process/fair trial
Facts:

These are two separate appeals where both appellants challenged the Magistrates’ Court’s decision on the jurisdiction of Drug Treatment Court (DTC) to deal with alcohol addiction and traffic offenses under Section 68 of the Criminal Code Act 1907. They were heard together because they raised the same legal issues. Both appellants suffered from addiction to …Read more

Tags: Access to treatment, Addiction, Alcohol, Drug abuse, Drug enforcement, Drug use, Law enforcement, People who use drugs, Rehabilitation, Substance abuse
Download Judgment: English

L.G v. Republic of Korea

Country: South Korea
Year: 2015
Court: Committee on the Elimination of Racial Discrimination
Citation: Communication No. 51/2012; U.N. Doc. CERD/C/86/D/51/2012
Health Topics: Controlled substances, HIV/AIDS, Informed consent
Human Rights: Freedom from discrimination, Right to work
Facts:

L.G, a New Zealand national, was employed as an English teacher in the Republic of Korea. She held an E-2 working visa for “native speaker conversation instructors.” Korea required all persons holding an E-2 working visa to undergo testing for HIV/AIDS and illegal drugs at a government hospital before they could register as alien residents …Read more

Tags: Compulsory testing, Drug use, HIV status, Involuntary testing, Mandatory testing, Non-consensual testing and treatment, People who use drugs
Download Judgment: English

Stransham-Ford v. Minister of Justice and Correctional Services, et al.

Country: South Africa
Year: 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
Facts:

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

Tags: Cancer, Informed choice, Noncommunicable diseases, Palliative care, Patient choice, Suicide
Download Judgment: English

Carter v. Canada (Attorney General)

Country: Canada
Year: 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
Facts:

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

Tags: Cancer, Counseling, Disabled, Informed choice, Leukemia, Neurological diseases, Noncommunicable diseases, Palliative care, Patient choice, Suicide
Download Judgment: English

Maloney v. The Queen

Country: Australia
Year: 2013
Court: High Court
Citation: [2013] HCA 28
Health Topics: Controlled substances
Human Rights: Freedom from discrimination, Right to liberty and security of person, Right to property
Facts:

The appellant was an Indigenous resident of Palm Island in Queensland who was charged with possession of more than a prescribed quantity of liquor in a restricted area on Palm Island contrary to section 168B of the Liquor Act 1992 (Q) (“Liquor Act”). Palm Island was a “community government area” within the meaning of the …Read more

Tags: Abuse, Alcohol, Assault, Criminalization, Indigenous groups
Download Judgment: English

Logan v. Hong

Country: Canada
Year: 2013
Court: Court of Appeal for British Columbia
Citation: 2013 BCCA 249
Health Topics: Controlled substances, Health information, Medicines
Facts:

The plaintiff qualified for a class action suit and sought to gather members to the class. The class action was filed for physical harm suffered by patients who were injected with a cosmetic facial filler called Dermalive manufactured by Dermatech, Intradermal Distribution Inc., and Vivier Pharma Inc. The plaintiff proposed to directly notify class members …Read more

Tags: Confidentiality, Disclosure, Drug enforcement, Drug quality, Drug safety, Health care professionals, Health care workers, Health data, Health records, Manufacturing, Medical records, Pharmaceuticals
Download Judgment: English

Case of Koch v. Germany

Country: Germany
Year: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1621
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The applicant’s late wife suffered from total sensorimotor quadriplegia. The couple requested the German Federal Institute for Drugs and Medical Devices (the “Federal Institute”) grant her authorization to obtain a lethal dose of pentobarbital of sodium so she could commit suicide. The Federal Institute refused the request on the grounds that the German Narcotics Act …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Differently abled, Disabled, Drug use, Handicapped, Harm reduction, Neurological diseases, Noncommunicable diseases, Pharmaceuticals, Physically challenged
Download Judgment: English

Bures v The Czech Republic

Country: Czech Republic
Year: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1819
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Hospitals, Informed consent, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

This case concerned an application against the Czech Republic lodged with the European Court of Human Rights (ECHR) under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The applicant alleged that he was ill-treated in a sobering-up centre in violation of Article 3 of the Convention, and …Read more

Tags: Compulsory commitment, Compulsory treatment, Controlled substances, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hospitals, Informed consent, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mental disability, Mental health, Mental institution, Neurological diseases, Psychiatry, Psychology, Psychosis, Psychotropic drugs, Rehabilitation, Torture
Download Judgment: English

NASA v. Nelson

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 746 (2011)
Health Topics: Controlled substances, Health information
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

This case involved a challenge to background checks for government jobs on the basis of constitutional privacy.  Nelson and twenty-seven other federal contract employees, working for NASA at a government laboratory at the California Institute of Technology, claimed that two elements of a standard employment background investigation violated their constitutional rights:  a questionnaire that asked …Read more

Tags: Confidentiality, Disclosure, Drug abuse, Drug use, Health data, Health information, Health records, Medical records, Non-disclosure, People who use drugs, Secrecy, Substance abuse
Download Judgment: English

MGN Limited v. United Kingdom

Country: United Kingdom
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 39401/04; (2011) 53 EHRR 5; [2011] ECHR 66; [2011] EMLR 20; [2011] 1 Costs LO 84; 29 BHRC 686
Health Topics: Controlled substances, Health information
Human Rights: Freedom of expression, Right to privacy
Facts:

The applicant is a publisher of a national daily newspaper in the United Kingdom, The Daily Mirror (the “applicant”). In early 2001 the applicant carried a front-page article entitled “Naomi: I am a drug addict”, placed between two color photographs of Ms. Naomi Campbell, a well-known model. The first photograph showed her dressed in a …Read more

Tags: Addiction, Disclosure, Drug abuse, Rehabilitation, Secrecy, Substance abuse
Download Judgment: English

Canada (Attorney General) v. PHS Community Services

Country: Canada
Year: 2011
Court: Supreme Court
Citation: [2011] 3 S.C.R. 134; [2011] S.C.C. 44
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Right to liberty and security of person, Right to life
Facts:

Insite was a medical facility that supervised intravenous drug use. It was established in response to escalating intravenous drug use and a rise in HIV/AIDS and hepatitis C infections among the population of the downtown eastside (DTES) area of Vancouver. In 2003, pursuant to section 56 of the Controlled Drug and Substances Act (CDSA), which …Read more

Tags: Access to health care, Access to treatment, Addiction, AIDS, Clinics, Criminalization, Drug abuse, Drug use, Health facilities, Hepatitis, Heroin, HIV, IDUs, Injecting drug users, Most-at-risk, Opioids, People who use drugs, Rehabilitation, Substance abuse, Transmission
Download Judgment: English French

Claudio Rodrigues Bernhardt v. Philip Morris

Country: Brazil
Year: 2011
Court: Oitava Câmara Civil do Tribunal de Justiça do Rio de Janeiro (8th Civil Chamber of the Court of Justice of Rio de Janeiro)
Citation: Claudio Rodrigues Bernhardt v. Philip Morris, No. 0000051-90.2002.8.19.0210, Oitava Câmara Civil do Tribunal de Justiça do Rio de Janeiro [8th Civil Chamber of the Court of Justice of Rio de Janeiro] (2011).
Health Topics: Controlled substances, Tobacco
Human Rights: Right to health, Right to life
Facts:

The plaintiff, Claudio Rodrigues, filed a lawsuit against the tobacco company, Souza Cruz, seeking damages for the death of his spouse, alleging that was caused by consumption of the tobacco products produced by Souza Cruz. The plaintiff argued that his spouse had been influenced into consuming the tobacco products by misleading advertisements that portrayed healthy …Read more

Tags: Compensation, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Portuguese

Balderas Woolrich v. Mexico

Country: Mexico
Year: 2011
Court: Supreme Court
Citation: D. 587. XLIII
Health Topics: Controlled substances, Tobacco
Human Rights: Freedom from discrimination, Right of access to information, Right to health, Right to life
Facts:

The plaintiff, a Mexican national, presented an appeal for legal protection against Mexico, arguing that modifications of the General Health Law (Ley General de Salud), which controlled and regulated tobacco advertising, constituted a violation of the constitutional right to health, as enshrined in Article 4 of the Constitution and falling within the scope of Article …Read more

Tags: Contamination, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

Momcilovic v. The Queen

Country: Australia
Year: 2011
Court: High Court
Citation: 245 CLR 1
Health Topics: Controlled substances
Human Rights: Right to due process/fair trial
Facts:

In 2006, police found over 700 grams of methylamphetamine in Momcilovic’s apartment. Forensic evidence linked the drugs to her partner, but not to Momcilovic. She denied knowing that the drugs were in her apartment or that her partner was involved in trafficking. Her partner admitted at Momcilovic’s trial that the drugs were in his possession …Read more

Tags: Criminalization, Drug abuse, Drug enforcement, Drug use, People who use drugs, Psychotropic drugs, Substance abuse
Download Judgment: English

Case 007-11-EE

Country: Ecuador
Year: 2011
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 007-11-EE, July 27, 2011.
Health Topics: Controlled substances, Diet and nutrition, Disasters and emergencies, Public safety
Human Rights: Right to food
Facts:

This case was a decision on the constitutionality of an executive decree ordering the declaration of a state of emergency to prohibit thesale and consumption of alcoholic beverages throughout the country for 72 hours, due to cases of poisoning from alcoholic beverages adulterated with methanol. Articles 165 and 166 of the Constitution and Articles 120 …Read more

Tags: Alcohol, Food poisoning, Food safety
Download Judgment: English Spanish

CISE Dispensers (U) Ltd. v. Executive Secretary, National Drug Authority

Country: Uganda
Year: 2010
Court: Court of Appeal at Kampala
Citation: [2010] UGCA 38; Civil Appeal No. 20 of 2009
Health Topics: Controlled substances, Health systems and financing, Medicines
Facts:

The appellant operated an Allied Professional Health Unit. On July 25, 2008, the respondent, accompanied by the police, entered the appellant’s premises where they “inspected, searched and impounded some drugs found thereon.” The respondent claimed that the premises was not licensed, arrested the appellant, and confiscated the impounded drugs. The High Court dismissed the applicant’s …Read more

Tags: Drug enforcement, Essential medicines, Health regulation, Law enforcement, Pharmaceuticals
Download Judgment: English

Case C-830/10

Country: Colombia
Year: 2010
Court: Constitutional Court of Colombia
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Plena octubre 20, 2010, M.P.: Luis Ernesto Vargas Silva, Sentencia C-830/10 (Colom.).
Health Topics: Child and adolescent health, Controlled substances, Environmental health, Health information, Public safety, Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to bodily integrity, Right to development, Right to health, Right to life
Facts:

Petioner brought action before the Constitutional Court, challenging the constitutionality of Law 1335 of 2009, which imposes a general ban on all forms of tobacco promotion, advertisement and sponsorship and in this case, its constitutionality is being questioned. It imposes bans on behaviors aimed at promoting the consumption of a particular group of goods but …Read more

Tags: Alcohol, Cancer, Child development, Contamination, Health education, Health promotion, Heart disease, Passive smoking, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

Amparo Constitucional promovido por el Abog. Marcos Peroni Clifton bajo patrocinio del Aog. Guillermo Peroni, en representación de Philip Morris Paraguay S.A.

Country: Paraguay
Year: 2010
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 776 (2010)(Para.).
Health Topics: Controlled substances, Environmental health, Tobacco
Human Rights: Right to health
Facts:

Petitioner, the Paraguayan subsidiary of Philip Morris, filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 and 11 of the WHO Framework Convention on Tobacco Control (FCTC), and thus provided for stronger warning/labeling requirements than those of the law …Read more

Tags: Advertising, Awareness, Health data, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish

Tabacalera del Este S.A., et al. v. Poder Ejecutivo s/Amparo Constitucional

Country: Paraguay
Year: 2010
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).
Health Topics: Controlled substances, Environmental health, Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to health
Facts:

Petitioners were a consortium of tobacco companies that filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 (Protection from exposure to tobacco smoke) and 11 (Packaging and labelling of tobacco products) of the WHO Framework Convention on Tobacco Control …Read more

Tags: Advertising, Awareness, Health data, Health regulation, Passive smoking, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

X v. Kutaisi City 2nd Police Department

Country: Georgia
Year: 2010
Court: Kutaisi Appellate Court
Citation: Case no. # 4/ა- 182-2010
Health Topics: Controlled substances, Medicines
Facts:

This case was an appeal regarding the perpetration of an administrative misdemeanor. On August 14, 2010, the Chief of the Kutaisi City 2nd Police Department sent a report on administrative misdemeanor against X to the Kutaisi City Court. A drug test showed that X had consumed marijuana. As a result, an administrative fine of 500 …Read more

Tags: Drug abuse, Drug enforcement, Drug testing, Drug use, Marijuana, People who use drugs, Substance abuse
Download Judgment: English Georgian

Case STS 21-6-2010

Country: Spain
Year: 2010
Court: Supreme Court
Health Topics: Controlled substances, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of religion
Facts:

The applicants, Mr. Eulalio and Mrs. Ariadna worked as nurses at the Prison of Albacete. The prison had, allegedly, implemented the so-called Syringe Exchange Program (“Program”), a public health program developed by the Penitentiary Health General Sub-Directorate. The experimental Program was launched with the objective of preventing the transmission of diseases between inmates by, among …Read more

Tags: Abortion, Addiction, Conscientious objection, Custody, Drug abuse, Drug use, Harm reduction, Health care professionals, Health care workers, IDUs, Imprisonment, Incarceration, Injecting drug users, Inmate, Jail, People who use drugs, Rehabilitation, Substance abuse, Termination of pregnancy
Download Judgment: English

Eneh v. Holder

Country: United States
Year: 2010
Court: United States Court of Appeals for the Ninth Circuit
Citation: 601 F.3d 943 (9th Cir. 2010)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health systems and financing, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The Petitioner, Lawrence Amaechi Eneh, was a native and citizen of Nigeria. He had contracted HIV while working in a nursing home in the United States. He was living with HIV-related illness, Capsis Sarcoma and Valley Fever, a disease of the lungs, at the time of the proceedings. The Petitioner was convicted for the sale …Read more

Tags: Abuse, Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Budget, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Health expenditures, Health funding, HIV, HIV positive, Immigration, Imprisonment, Incarceration, Inhuman treatment, Lung disease, Marijuana, Migrants, Noncommunicable diseases, People living with HIV/AIDS, PLHIV, Prison conditions, Torture
Download Judgment: English

Baldivieso, César Alejandro s/ causa n° 4733

Country: Argentina
Year: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 436. XL.
Health Topics: Controlled substances, Health care and health services, Health information, Hospitals
Human Rights: Right to bodily integrity, Right to life, Right to privacy
Facts:

The plaintiff, Cesar Alejandro Baldivieso, felt sick and so he went to a public hospital were doctors found that he had ingested capsules containing cocaine. The doctors passed along this information to police officers working at the hospital. As a result of this disclosure, Baldivieso was prosecuted and found guilty of drug trafficking by the Federal …Read more

Tags: Access to health care, Cocaine, Confidentiality, Disclosure, Drug enforcement, Drug use, Health care professionals, Law enforcement, Non-disclosure, Notification, Police, Public hospitals, Secrecy
Download Judgment: Spanish

Case 335-92 and 359-92

Country: Guatemala
Year: 2010
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional, accumulated Case Nos. 335-92 and 359-92, May 12, 1993
Health Topics: Controlled substances, Health systems and financing, Medicines, Public safety
Human Rights: Right to health
Facts:

This case was an unconstitutionality action brought by the Guatemalan Association of Pharmacists and Chemists et al. challenging the Liberalization of Importation of Medicines Act. The claimants argued that the Act’s elimination of requirements for imported medicines such as expiration dates, instructions in Spanish, and required government testing violated constitutional competition provisions, intellectual property and …Read more

Tags: Access to drugs, Access to medicines, Addiction, Drug quality, Drug safety, Generic drugs, Health regulation, Intellectual property, Labeling, Manufacturing, Patents, Pharmaceuticals, Pricing
Download Judgment: English Spanish

Agência Nacional de Vigilância Sanitária (ANVISA) v. Philip Morris Brasil Ind. Com. Ltda.

Country: Brazil
Year: 2009
Court: Tribunal Regional da 2a Regiao (Regional Federal Court of the 2nd Region)
Citation: Agência Nacional de Vigilância Sanitária (ANVISA) v. Philip Morris Brasil Ind. Com. Ltda., No. 2009.02.01.006674-2, Tribunal Regional da 2a Regiao [Regional Federal Court of the 2nd Region] (2009).
Health Topics: Controlled substances, Tobacco
Human Rights: Freedom of expression, Right to health
Facts:

ANVISA (National Agency for Health Surveillance), brought action seeking a review of the lower court’s decision allowing Phillip Morris to refrain from placing the health warnings on the packaging of its tobacco products as required by Resolution 54/2008. The plaintiff alleged that failure to follow the tobacco-control regulation requiring tobacco companies to place a warning …Read more

Tags: Contamination, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Portuguese

Unión Tabacalera del Paraguay, et al. s/ Amparo Constitucional

Country: Paraguay
Year: 2009
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 6 octubre 2006, Sentencia No. 916 (2009)(Para.).
Health Topics: Controlled substances, Health information, Tobacco
Human Rights: Freedom of expression, Right of access to information
Facts:

Petitioner (a consortium of tobacco companies) sought to strike down Resolution N°298 of the Ministry of Public Health SG No. 298, which established stricter and more compelling warning requirements for cigarrette boxes and labels. The consortium alleged the Resolution (of administrative decree status –i.e, infra-legal) had been issued in violation of a hierarchically superior norm, …Read more

Tags: Advertising, Awareness, Health data, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish

Smt. Mala Banerjee v. State of West Bengal and Ors

Country: India
Year: 2008
Court: High Court - Calcutta
Citation: 2008 (1) CHN 979
Health Topics: Controlled substances
Human Rights: Right to health, Right to life
Facts:

In order to regulate the distribution of licenses for liquor shops the Government of West Bengal promulgated the West Bengal Excise (Selection of New Sites and grant of License for retail sale of liquor and certain other intoxicant) Rules, 2003 (the new Rules). Under the earlier Rules, objections were invited from elected representatives from the …Read more

Tags: Alcohol
Download Judgment: English

Shelley v. United Kingdom

Country: United Kingdom
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 23800/06; [2008] ECHR 108; (2008) 46 EHRR SE16
Health Topics: Controlled substances, Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
Facts:

The applicant was a United Kingdom national imprisoned at H.M. Prison Whitemoor who complained that the Government’s failure to provide needle exchange programs in prisons violated the rights of prisoners under Article 2 (respect for the right to life), Article 3 (prohibition of torture and inhuman or degrading treatment or punishment), Article 8 (respect for …Read more

Tags: Custody, Drug use, Harm reduction, Health care technology, Health regulation, Hepatitis, HIV, IDUs, Imprisonment, Incarceration, Informed choice, Inhuman treatment, Injecting drug users, Inmate, Jail, Most-at-risk, People who use drugs, Prison conditions, Transmission
Download Judgment: English Italian
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