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21 judgments found.


Joyce Nawila Chiti v. Zambia

Country: Zambia
Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication no. 1303/2004
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to education, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

On 28 October 1997, JC (a military officer) was arrested by Zambian police for an attempted coup d’état. He was severely tortured and charged with treason. While being tortured, he was forced to sign false confessions and to implicate other military officials. Because of the torture, he was hospitalized at various times. On 31 October …Read more

Tags: Abuse, Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Cancer, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Execution, Forced disappearance, Forced displacement, HIV, HIV positive, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Law enforcement, Malnutrition, People living with HIV/AIDS, PLHIV, Police, Prison conditions, Refugees, Torture
Download Judgment: English

The Kenya Society for the Mentally Handicapped (KSMH) v. Attorney General, et al.

Country: Kenya
Year: 2012
Court: High Court at Nairobi
Citation: Petition 155A of 2011
Health Topics: Health systems and financing, Mental health
Human Rights: Freedom from discrimination, Right to education, Right to health
Facts:

The petitioners, the Kenya Society for the Mentally Handicapped, brought suit against the Kenyan government for violating the rights of Kenyans with intellectual, mental and psychosocial disabilities. They brought suit against six respondents: the National Council for Persons with Disabilities for not implementing measures that address the needs of people with mental disabilities, formulate policies to …Read more

Tags: Budget, Mental disability, Mental institution, Mental retardation
Download Judgment: English

Case P-671/2011

Country: Belarus
Year: 2011
Court: Constitutional Court
Citation: Decision No. P-671/2011
Health Topics: Child and adolescent health, Health systems and financing, Poverty
Human Rights: Right to education, Right to housing, Right to social security
Facts:

The Constitutional Court considered the constitutionality of the Belarusian law On Making Alterations and Addenda to the Law of the Republic of Belarus ‘On guarantees on social protection of orphan children, children left without parental care, and also individuals who belong to the category orphan children and children left without parental care’ (“Orphan Law”). The …Read more

Tags: Child development, Children, Health funding, Health spending, Low income, Poor, Underprivileged
Download Judgment: English Belarusian

Case T-974/10

Country: Colombia
Year: 2010
Court: Constitutional Court
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Séptima de Revisión de Tutelas noviembre 30, 2010, M.P.: Jorge Ignacio Pretelt Chaljub, Sentencia T-974/10 (Colom.).
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Mental health, Poverty
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to education, Right to health
Facts:

The applicant, a Colombian woman, tutela action (appeal for legal protection) on behalf of her daughter against EPS Coomeva, a health care provider in Colombia. The child was diagnosed with cognitive disabilities, which required, according to the Fundación Integrar de Medellín, an institution specialized in the care of patients, that the child receive special education …Read more

Tags: Access to health care, Access to treatment, Child development, Children, Disabled, Health expenditures, Health funding, Health insurance, Low income, Mental retardation, Minor, Out-of-pocket expenditures, Pediatric health, Physically challenged, Poor, Subsidies, Underprivileged
Download Judgment: Spanish

Centrale Raad van Beroep [Central Appeals Tribunal], 20 October 2010, LJN:BO3581

Country: Netherlands
Year: 2010
Court: Central Administrative Tribunal
Citation: Centrale Raad van Beroep, 20 October 2010, LJN BO3581, 09/365 AWBZ & 09/3626 AWBZ
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Mental health
Human Rights: Right to education, Right to privacy, Right to social security
Facts:

A., a boy born in the Netherlands to a Nigerian immigrant mother, was diagnosed with an autistic disorder and an intellectual deficiency. As a result, A. required counseling programs as a supplement to traditional schooling by the Dutch Care Needs Assessment Centre (“CAC”). A. made a request for a residence permit under the Dutch Aliens …Read more

Tags: Child development, Children, Counseling, Health insurance, Immigration, Mental disability, Mental retardation, Migrants, Minor
Download Judgment: English Dutch

The International Centre for the Legal Protection of Human Rights (INTERIGHTS) v. Croatia

Country: Croatia
Year: 2009
Court: European Committee of Social Rights
Citation: Complaint No. 45/2007
Health Topics: Child and adolescent health, Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to education
Facts:

NTERIGHTS brought a complaint which alleged that Croatia was not complying with Articles 11(2) and 16 taken alone and in light of the non-discrimination clause in the Preamble and Article 17 of the European Social Charter (“ESC”) because Croatian schools were not providing adequate sexual and reproductive health education for children and young people. It …Read more

Tags: AIDS, Awareness, Children, Gay, Health education, HIV, HIV positive, Homosexual, LGBTI, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Auto 092/08

Country: Colombia
Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Segunda de Revisión No. 092 abril 14, 2008, M.P.: Manuel José Cepeda Espinosa, Auto 092/08 (Colom.).
Health Topics: Child and adolescent health, Disasters and emergencies, Environmental health, Health care and health services, Health systems and financing, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to education, Right to health, Right to liberty and security of person, Right to life, Right to property, Right to work
Facts:

The Constitutional Court considered the persistence of an unconstitutional state of affairs with regard to forced displacement, which disproportionately affected women in Colombia. The Court originally declared an unconstitutional state of affairs in Ruling T-025 of 2004 and again in Resolution 218 of 2006. More than half the displaced people in Colombia  (54 per cent) …Read more

Tags: Armed conflict, Cruel treatment, Degrading treatment, Forced abortion, Forced displacement, Humiliating treatment, Indigenous groups, Inhuman treatment, Mental illness, Pregnancy, Rape, Refugees, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Torture, Violence against women
Download Judgment: Spanish

Socio Economic Rights and Accountability Project v. Nigeria

Country: Nigeria
Year: 2008
Court: African Commission on Human and Peoples’ Rights
Citation: Communication No. 300/2005
Health Topics: Poverty
Human Rights: Right to education
Facts:

The Socio Economic Rights and Accountability Project (“SERAP”) sued the government of Nigeria, alleging that the state violated its citizens’ right to education because of large-scale corruption. The issue was whether the Communication submitted by SERAP was admissible or not. In 2005, it was alleged that the Nigerian Senate and the House of Representatives took …Read more

Tags: Indigent, Low income, Poor, Underprivileged
Download Judgment: English

Defensor del Pueblo de la Nación v. Estado Nacional et al.

Country: Argentina
Year: 2007
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 18/9/2007, "Defensor del Pueblo de la Nación c/ Estado Nacional y otra (Provincia del Chaco) s/proceso de conocimiento," (D. 587. XLIII) (Arg.).
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Infectious diseases, Poverty, Water, sanitation and hygiene
Human Rights: Right to bodily integrity, Right to education, Right to food, Right to health, Right to life, Right to participation, Right to water and sanitation, Right to work
Facts:

Argentina’s Human Rights Ombudsman brought a claim against the National Government and the Province of Chaco to force Respondents to take the necessary measures to improve the deleterious living conditions of an indigenous community in Chaco that amounted to circumstances of extreme emergency. The Ombudsman claimed that the community lacked fundamental and basic necessities as …Read more

Tags: Access to health care, Access to treatment, Budget, Chagas, Clean water, Drinking water, Food shortages, Indigenous groups, Indigent, Low income, Malnutrition, Non-communicable diseases, Poor, Potable water, Safe drinking water, Starvation, Tuberculosis, Underprivileged
Download Judgment: English Spanish

Advocate Sapana Pradhan Malla v. Prime Minister

Country: Nepal
Year: 2007
Court: Supreme Court
Citation: Writ No. 3561 of the year 2063 B. S (2006)
Health Topics: Child and adolescent health, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to due process/fair trial, Right to education, Right to health, Right to life, Right to privacy, Right to property, Right to work
Facts:

The Forum for Women, Law and Development, the Petitioner, was an organization working with vulnerable communities such as women, children and people living with HIV/AIDS (PLHIVA). Although the right to privacy was guaranteed under Article 28 of the Interim Constitution, 2007, there were no legal provisions safeguarding the privacy of women, children, or PLHIVA (the …Read more

Tags: Abortion, AIDS, Children, Domestic abuse, Domestic violence, HIV positive, HIV status, Minor, Pediatric health, People living with HIV/AIDS, PLHIV, Pregnancy, Sexual assault, Sexual harassment, Sexual violence, Termination of pregnancy, Violence against women
Download Judgment: English

Dbeis and Ors. v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2005
Court: Court of Appeal, Civil Division
Citation: [2005] All ER (D) 283 (May); [2005] EWCA Civ 584
Health Topics: Chronic and noncommunicable diseases, Health care and health services
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to education, Right to family life
Facts:

The case was brought by a Lebanese citizen who had come to the UK in order to seek asylum for herself and her two children on the basis of persecution for her religious beliefs. Her claim for asylum on this ground was rejected, but she challenged her removal on the basis that removal would result …Read more

Tags: Access to health care, Access to treatment, Degrading treatment, Immigration, Indigent, Inhuman treatment, Migrants, Noncommunicable diseases, Poor, Underprivileged
Download Judgment: English

Case T-465/03

Country: Colombia
Year: 2003
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Tercera de Revisión junio 5, 2003, M.P.: Manuel José Cepeda Espinoza, Sentencia T-465/03 (Colom.).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Right to education, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to work
Facts:

Mr. XX filed a tutela action (appeal for legal protection) against the Ministry of National Defence-School of Cadets for expelling him after discovering that he was HIV-positive during a blood donation. The discharge occurred two months before the petitioner was to be promoted to Second Lieutenant. The petitioner had passed all health exams and was found …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Diagnostics, Employment, Essential medicines, Examination, HIV, HIV positive, HIV status, Military, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Testing
Download Judgment: English Spanish

Ramos, Marta Roxana, et al. v. Province of Buenos Aires, et al.

Country: Argentina
Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 12/3/2002, "Ramos, Marta Roxana y otros c/ Buenos Aires, Provincia de y Otros s/Amparo," (R. 1012. XXXVI) (Arg.).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to development, Right to education, Right to food, Right to health, Right to housing, Right to social security
Facts:

Woman living in extreme poverty brought an action against the Ministry of Social Development and Environment of the Nation, the Province of Buenos Aires, and Hospital of Pediatrics Profesor Juan P. Garrahan on behalf of her eight children and herself, seeking, among others, the protection of their rights to food, health, education, and housing; the …Read more

Tags: Access to health care, Access to treatment, Children, Clinics, Emergency care, Health funding, Health insurance, Minor, Out-of-pocket expenditures, Pediatric health, Public hospitals, Reimbursement, Social security, Subsidies
Download Judgment: English Spanish

Bandhua Mukti Morcha v. Union of India and Others

Country: India
Year: 1997
Court: Supreme Court
Citation: (1997) 10 SCC 549
Health Topics: Child and adolescent health, Diet and nutrition, Occupational health, Poverty
Human Rights: Right to education, Right to food, Right to health, Right to life, Right to social security, Right to work
Facts:

Carpet industries in Uttar Pradesh employed children, under the age of 14, where they were “being treated as slaves” and were “subjected to physical torture.” This writ petition was filed in the Supreme Court under Article 32 as a public interest matter. The Court immediately commissioned a report to determine whether children under the age …Read more

Tags: Child development, Child labor, Children, Diet, Indigent, Informal economy, Low income, Malnutrition, Minor, Occupational health and safety, Poor, Underprivileged
Download Judgment: English

M.C. Mehta v. State of Tamil Nadu and others

Country: India
Year: 1996
Court: Supreme Court
Citation: AIR 1997 SC 699; (1996) 6 SCC 756; 1996 (9) SCALE 42; JT 1996 (11) SC 685
Health Topics: Child and adolescent health, Occupational health
Human Rights: Right to education, Right to favorable working conditions, Right to work
Facts:

The Petitioner was an individual concerned about the high rate of employment of children in the Match factories of Sivakasi in Kamaraj District of Tamil Nadu State. He contended that such employment was hazardous and unconstitutional. Being aggrieved, he filed a writ petition under Article 32 of the Constitution. The Respondent Government did not deny …Read more

Tags: Child development, Child labor, Children, Minor
Download Judgment: English

Adler v. Ontario

Country: Canada
Year: 1996
Court: Supreme Court
Citation: [1996] 3 R.C.S. 609
Health Topics: Disabilities
Human Rights: Freedom of religion, Right to education
Facts:

The Ontario Government provides funding for both secular public and Roman Catholic separate schools in the province under the Education Act 1990 (Ont), but contributes nothing to the funding of private religious schools. Several parents who, in accordance with their religious beliefs, send their children to private religious schools sought declarations that the Government’s failure …Read more

Tags: Differently abled, Disabled, Handicapped, Physically challenged
Download Judgment: English French

Free Legal Assistance Group, et al. v. Democratic Republic of Congo

Country: Congo, DRC
Year: 1995
Court: African Commission on Human and Peoples' Rights
Citation: Communications 25/89, 47/90, 56/91, 100/93 (joined)
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to due process/fair trial, Right to education, Right to health, Right to liberty and security of person, Right to life
Facts:

Members of the World Organization Against Torture filed Communication 25/89 with the African Commission for Human and People’s Rights (‘the Commission’) in March 1989 alleging torture of 15 detained persons by a military unit in the Democratic Republic of Congo (‘the DRC’). The Lawyers’ Committee for Human Rights in New York filed Communication 47/90 with …Read more

Tags: Torture
Download Judgment: English

M.C. Mehta v. State of Tamil Nadu, et al.(Sivaski child labor case)

Country: India
Year: 1990
Court: Supreme Court
Citation: AIR 1991 SC 417; (1991) 1 Mlj 44 (SC); 1990 (2) SCALE 947); [1991] 3 SCR 312
Health Topics: Child and adolescent health, Occupational health, Poverty
Human Rights: Right to education, Right to favorable working conditions, Right to work
Facts:

The Petitioner was an individual concerned about the high rate of employment of children in the Match factories of Sivakasi in Kamaraj District of the State of Tamil Nadu. Petitioner contended that such employment was hazardous and unconstitutional. He filed a writ petition under Article 32 of the Constitution seeking educational, medical and health facilities …Read more

Tags: Child development, Child labor, Children, Minor, Occupational accident, Occupational hazards, Occupational health and safety, Pediatric health, Safe working conditions
Download Judgment: English

Coulter et al. v. Brazil

Country: Brazil
Year: 1985
Court: Inter-American Commission on Human Rights
Citation: Case No. 7615, Inter-Am. Comm'n H.R., Report No. 12/85, OEA/Ser.L/V/II.66, doc. 10 rev. 1 (1984-1985).
Health Topics: Environmental health, Health care and health services, Health systems and financing, Infectious diseases, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of movement and residence, Freedom of religion, Right to due process/fair trial, Right to education, Right to health, Right to liberty and security of person, Right to life, Right to property
Facts:

In the 1960s, the Government of Brazil approved plans to permit the development of the Amazon region, as well as the exploitation of its natural resources, despite Constitutional provisions and national legislation guaranteeing indigenous communities in the region full possession of the lands they occupied and the resources found therein. The root of the violation …Read more

Tags: Access to medicines, Indigenous groups, Influenza, Measles, Primary care, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Syphilis, Tuberculosis
Download Judgment: English Spanish

Campbell & Cosans v. United Kingdom

Country: United Kingdom
Year: 1982
Court: European Court of Human Rights
Citation: App. No. 7511/76, 7743/76, 4 Eur. H.R. Rep. 293 (1982).
Health Topics: Child and adolescent health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to education
Facts:

Applicants, Mrs. Cosans and Mrs. Campbell, were Scottish nationals who complained about the use of corporal punishment in Scottish schools as a disciplinary measure. Mrs. Campell’s request for a guarantee that her son not be subjected to such punishment was refused. Mrs. Cosans’ son was summoned by his Headmaster for corporal punishment upon taking a …Read more

Tags: Child development, Children, Degrading treatment, Humiliating treatment, Minor
Download Judgment: English

Kjeldsen, Busk Madsen & Pedersen v. Denmark

Country: Denmark
Year: 1976
Court: European Court of Human Rights
Citation: Kjeldsen v. Den., App. No. 5095/71, Eur. Ct. H.R. 6 (1976).
Health Topics: Child and adolescent health, Health information, Sexual and reproductive health
Human Rights: Freedom of religion, Right to education, Right to family life, Right to privacy
Facts:

Appellants were parents of children who had attended Denmark public schools until they were refused exemption from the country’s compulsory sex education lessons. The parents claimed a violation of the right to education under Article 2 of Protocol 1 of the European Convention on Human Rights (Convention) because the alternatives to public education included costly …Read more

Tags: Awareness, Child development, Children, Freedom of information, Health education, Health promotion, Minor
Download Judgment: English
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