A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

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

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

The applicant, a Russian national, arrived in Germany in 2002. In 2002 and 2011, the competent domestic authorities denied the applicant’s asylum requests. In 2012, the applicant was granted a residence permit, which was later prolonged until March 2018. In 2014, the Federal Office for the Protection of the Constitution investigated the applicant due to …Read more

In Austria, a woman was convicted after leading several seminars entitled “Basic Information on Islam” at the right-wing Freedom Party Education Institute, beginning in January 2008.  These seminars were publicly advertised on the Freedom Party’s website, and the leaders of the Freedom Party distributed leaflets specifically aimed to encourage young voters to attend.  An undercover …Read more

Rodney Nelson sought judicial review of his involuntary admission to a psychiatric hospital under Ontario’s Mental Health Act (“MHA”) and an order for his immediate release due to rights infringements. Nelson had a lengthy history of crimes with many violent offences, including sexual offences against women and children. A psychiatrist completed an application for psychiatric …Read more

Defendant Governor Dannel Malloy declared a public health emergency in Connecticut in March 2014, in response to an Ebola outbreak in the West African countries of Guinea, Liberia and Sierra Leone. This Emergency Declaration authorized Defendant Dr. Mullen, the State Commissioner of Public Health, to quarantine individuals whom she reasonably believed were at risk of …Read more

The plaintiff, Kaci Hickox, brought a civil rights action against Governor Christie and state public health officials, alleging that her 80-hour quarantine, upon returning to the United States after caring for Ebola patients in West Africa, violated her rights under the Fourth and Fourteenth Amendments. Prior to the plaintiff’s return to the United States, a …Read more

The applicant and his daughter were admitted to the hospital as they suffered from serious dysentery after drinking tap water. She ensued action against the State-owned utilities provided. The District Court ruled in her favor. The Higher Courts confirmed the findings of the first instance but reduced the award by more than half of the …Read more

The Public Health Officer in the Nandi Central District arrested the petitioners- Daniel Ng’etich and Patrick Kipng’etich Kirui stating that they had failed to take the prescribed TB Medications. Under Section 27 of the Public Health Act, a magistrate could order the isolation and detention of a person who has been exposed to an infection. …Read more

The applicant has been a heroin addict since 1973, suffered from hepatitis C since 1975 and been HIV-positive since 1988. Attempts to overcome his heroin addiction through various treatments failed, and from 1991 to 2008 he was treated with drug substitution therapy. In 2008, the applicant was arrested on suspicion of drug trafficking and detained …Read more

The Petitioner, AIDS Law Project, brought suit against the Government of Kenya, arguing that Section 24 of the HIV and AIDS Prevention and Control Act, No. 14 of 2006 (the Act) was unconstitutional. The Petitioner argued that Section 24 of the Act was vague and overbroad, and therefore unconstitutional. Section 24 imposed criminal sanctions upon …Read more

The plaintiff brought the case to the Supreme Court of Justice by original jurisdiction to initiate a declarative action (an preventive action to request the cessation of a state of uncertainty that cause a harm and there is no legal alternative way to end that situation) against the Province of Buenos Aires to declare the …Read more

The plaintiffs, Logística La Serenísima S.A, Danone Argentina S.A., Mastellone Hermanos S.A. and Mastellone San Luis brought the case to the Supreme Court of Justice by original jurisdiction to initiate a declarative action (an preventive action to request the cessation of a state of uncertainty that cause a harm and there is no legal alternative way …Read more

The Minister of Labour, Health and Social Affairs of Georgia issued orders by which “homosexuals” were prohibited from donating blood or its components. The plaintiffs self-identified as homosexuals and, accordingly were impacted by the order. The plaintiffs alleged that the regulations of the Minister of Labour, Health and Social Affairs of Georgia were in contradiction …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State [INCUCAI] that challenged the INCUCAI resolution that prohibits the autologous use of the hematopoietic stem cell originated in placental blood and umbilical cord obtained from the birth of their children. The co-plaintiff, Matercell S.A., a private cell bank where the mother …Read more

The plaintiff, the Health Insurance of the Construction Workers [Obra Social del Personal de la Construcción – OSPECON], filed suit against the National State, Ministry of Health and Social Action and Superintendent of Health Services to liquidate and transfer the corresponding funds from the Fondo Solidario de Distribución [Solidary Distribution Fund] created in law 23.661 to …Read more

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

The state of Cabinda was declared annexed by Angola without any Cabindan participation in 1975. Despite protests by the Cabindan people, Angola exercised sovereignty over Cabinda. Groups in Cabinda attempted to re-claim autonomy of their country in 2002, but Angola undertook a massive military campaign against them. Angola’s large military force committed numerous documented human …Read more

The plaintiff brought the case to the First Instance Criminal Court of Lomas de Zamora [Juzgado de Garantias n° 3 de Lomas de Zamora] against three workers of the painting factory “MATRA” who presumably threw toxic substances in an area located in Esteban Echeverría, violating Law 24 051. The First Instance Criminal Court of Lomas de …Read more

The Socio-Economic Rights and Accountability Project (SERAP), a non-governmental organization, filed a case against the Federal Republic of Nigeria alleging human rights violations as a result of the government’s failure to ensure adequate environmental protection in the Niger Delta due to oil spillage. SERAP alleged that decades of oil prospection and exploitation by private corporations …Read more

Four out of the five claimants in this case arrived in Libya between February 1998 and February 1999 to work as members of a Bulgarian medical team at Al-Fatah pediatrics hospital; the other claimant had arrived in Libya in 1991 and had been working at a different hospital. On 9 February 1999, the authors together …Read more

This case was a decision on the constitutionality of an executive decree ordering the declaration of a state of emergency intended to prohibit the sale 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 …Read more

On 23 October 2002 a group of terrorists armed with machine-guns and explosives took hostages in the ‘Dubrovka’ theatre in Moscow. For three days, more than 900 people were held at gunpoint and the theatre building was booby-trapped with suicide bombers positioned amongst the hostages. During the three days, the terrorists made certain demands and …Read more

According to Article 37 of the Communicable Disease Control Act, revised January 30, 2002, “Any person who had physical contacts with patients of contagious diseases, or suspected of being infected, shall be detained and checked by the competent authority, and if necessary, shall be ordered to move into designated places for further examinations, or to take …Read more

The plaintiff brought the case to the Civil and Commercial Court of Zarate – Campana [Juzgado en lo Civil y Comercial N° I de Zarate – Campana]  against the company Rutilex Hidrocarburos Argentinos S.A, located in Province of Buenos Aires, to be sentenced to carry out the necessary measures to cease its contaminating activities that …Read more

The applicant was a Swiss national who lodged a claim before the European Court on Human Rights (the ECHR), relying on Article 8 of the European Convention on Human right (the Convention), that his right when and how to end his own life had been violated by the state. The applicant claimed to the ECHR …Read more

This case was about California’s prisons which at the time housed 156,000 prisoners, two fold of the number they were designed to house. The plaintiffs previously had brought two separate Federal actions. In 1990, one of the district courts had decided that mentally ill prisoners received inadequate medical care; in 2001, the other district court …Read more

The Chamber of Crafts, the petitioner, challenged a provision from the Law on Public Health (the Law) regulating the conditions under which cosmeticians could exercise their craft. The law required cosmeticians to obtain a permit from the Ministry of Health, on top of existing requirements for certification as a craftsperson. The Chamber argued that these …Read more

The plaintiff was the father of two children whose second child was breastfed for the first 6 months and then was switched to a milk formula. In 2008, the Bogor Agricultural Institution published research that there were a number of infant formulas which were contaminated by enterobactersakazakii bacteria which could cause enteritis, sepsis and meningitis. …Read more

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

Mr. Patrick A requested the annulment of the decision of 8 February 2008 by which the National Council of the Order of Doctors declined to authorize him as a certified specialist in the field of plastic and reconstructive surgery. Mr. A had been practicing baldness surgery for 28 years as a general practitioner, and had …Read more

An outbreak of measles occurred in the city of Granada, beginning on October 9, 2010, with two children in the neighborhood of Albaycín. Due to low vaccination coverage among children in the neighborhood, especially those attending the public school Colegio Público Gómez Moreno, the disease spread. By November 18th, 36 cases had been reported. In …Read more