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20 judgments found.


Black et al. v. City of Toronto

Country: Canada
Year: 2020
Court: Ontario Superior Court of Justice
Citation: 2020 ONSC 6398
Health Topics: Chronic and noncommunicable diseases, Sexual and reproductive health, Water, sanitation and hygiene
Facts:

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

Tags: Access to healthcare, Access to treatment, Addiction, Chronic and noncommunicable diseases, Cleanliness, Depression, Diabetes, Disabled, Drug abuse, drug users, Health care and health services, Infectious diseases, Influenza, Mental health, Noncommunicable diseases, Opioids, People who use drugs, Poverty, Public safety, Pulmonary diseases, Respiratory diseases, Safe drinking water, Sexual and reproductive health, Sexual harassment, Substance abuse, violence, water sanitation and hygiene
Download Judgment: English

Thompson v Ontario (Attorney General)

Country: Canada
Year: 2016
Court: Ontario Court of Appeal
Citation: 2016 ONCA 676
Facts:

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

Tags: Community-based care, Compulsory commitment, Compulsory examination, Compulsory treatment, Forced examination, Forced treatment, Health care and health services, Incapacity, Informed choice, Informed consent, Involuntary examination, Mental competence, Mental disability, Mental disorder, Mental health, Mental institution, Psychiatry, Public safety, Schizophrenia
Download Judgment: English

Mshengu and Others v. Msunduzi Local Municipality and Others

Country: South Africa
Year: 2019
Court: HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL DIVISION, PIETERMARITZBURG
Citation: [2019] 4 All SA 469 (KZP)
Facts:

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

Tags: Clean water, Cleanliness, Indigent, Potable water, Safe drinking water, Sewage, Waste, Waste management
Download Judgment: English

Krajnc v. Slovenia

Country: Slovenia
Year: 2018
Court: European Court of Human Rights
Citation: no. 38775/14, § 2, ECHR 2018
Human Rights: Right to property, Right to social security
Facts:

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

Tags: Disabilities, Health systems and financing
Download Judgment: English

Front for the Liberation of the State of Cabinda v. Republic of Angola

Country: Angola
Year: 2013
Court: African Commission on Human and Peoples’ Rights
Citation: Communication 328/06
Health Topics: Disasters and emergencies, Poverty, Public safety
Human Rights: Right to a clean environment, Right to development, Right to property, Rights to the benefits of culture
Facts:

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

Tags: Armed conflict, Cruel treatment, Humanitarian crisis, Indigenous groups, Low income, Military, Poor, Threat of violence, Torture
Download Judgment: English

Egyptian Initiative for Personal Rights, et al. v. Egypt

Country: Egypt
Year: 2011
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 334/06
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

Three individuals (‘the victims’) were arrested, detained, interrogated, tried and sentenced to death by the Egyptian authorities for their alleged involvement in the 2004 and 2005 bomb attacks on tourist resorts in the Sinai Peninsula. The victims argued that in the course of these proceedings Egypt violated their rights to be free from torture and …Read more

Tags: Abuse, Access to health care, Access to treatment, Cruel treatment, Degrading treatment, Detainee, Detention, Examination, Execution, Inhuman treatment, Terrorism, Torture
Download Judgment: English

Mwamba v. Zambia

Country: Zambia
Year: 2010
Court: African Commission on Human and Peoples’ Rights
Citation: (2010) AHRLR 32 (HRC 2010)
Health Topics: Mental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Mr. Mwamba was a Zambian national on death row awaiting review of his appeal by the Supreme Court of Zambia. Mr. Mwamba was previously a high ranking police officer before he was arrested and detained on suspicion of murder, attempted murder, and aggravated robbery. During his initial detention in 1999, Mr. Mwamba was allegedly subjected to …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Depression, Detention, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Torture
Download Judgment: English

Sudan Human Rights Organisation, et al. v. Sudan

Country: Sudan
Year: 2009
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 279/03-296/05 (2009).
Health Topics: Diet and nutrition, Disasters and emergencies, Environmental health, Health care and health services, Medicines, Sexual and reproductive health, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to health, Right to housing, Right to liberty and security of person, Right to life, Right to property
Facts:

The complainants, two human rights organizations based in Sudan, the United Kingdom and Canada, alleged gross and systematic violations of human rights on the part of the Republic of Sudan and Government-supported militia forces in the Darfur region against indigenous tribes, including the Fur, Marsalit and Zaghawa. The organizations alleged that since General Omar Al-Bashir …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Armed conflict, Clean water, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Drinking water, Food, Food shortages, Forced displacement, Humiliating treatment, Indigenous groups, Inhuman treatment, Militias, Poisoning, Rape, Refugees, Safe drinking water, Sexual abuse, Sexual assault, Sexual violence, Torture, Violence against women, Water pollution
Download Judgment: English

Kevin Mgwanga Gunme, et al. v. Cameroon

Country: Cameroon
Year: 2009
Court: African Commission on Human and Peoples’ Rights
Citation: Communication 266/03
Health Topics: Public safety
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Right to development, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to participation
Facts:

The complainants were South Cameroonian citizens who alleged a variety of human rights violations done by Cameroon and were seeking the right to secede and form their own state. In 1961, the United Nations Trust System held a plebiscite that allowed South Cameroonians to join Cameroon or Nigeria but not to form their own country. …Read more

Tags: Police, Terrorism
Download Judgment: English

Institute for Human Rights and Development in Africa v. Angola

Country: Angola
Year: 2008
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 292/04 (2008).
Health Topics: Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to property, Right to work
Facts:

The Institute for Human Rights and Development in Africa (IHRDA) filed a complaint on behalf of Mr. Esmaila Connateh and 13 other Gambians deported from Angola during March through May of 2004. IHRDA’s complaint alleged that Angola arbitrarily arrested and detained the individuals, along with tens of thousands of foreigners who had legally lived and …Read more

Tags: Abuse, Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Immigration, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Migrants, Prison conditions, Torture
Download Judgment: English

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

Zimbabwe Human Rights NGO Forum v. Zimbabwe

Country: Zimbabwe
Year: 2006
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 245/02 (2006).
Health Topics: Mental health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

The Zimbabwe Human Rights NGO Forum, a coalition of twelve human rights organizations, alleged that the Government of Zimbabwe and supporters of the ruling ZANU (PF) political party engaged in a systematic campaign of intimidation leading up to a Constitutional Referendum held in February of 2000, as well as in the months following its fifth …Read more

Tags: Armed conflict, Assault, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Health care professionals, Health care workers, Inhuman treatment, Military, Militias, Police, Sexual abuse, Sexual harassment, Sexual violence, Torture
Download Judgment: English

Democratic Republic of the Congo v. Burundi, Rwanda and Uganda

Country: Burundi, Congo, DRC, Rwanda, Uganda
Year: 2003
Court: African Commission on Human and Peoples' Rights
Citation: (2004) AHRLR 19 (ACHPR 2003); Communication 227/99
Health Topics: Child and adolescent health, Disasters and emergencies, Health care and health services, HIV/AIDS, Hospitals, 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 family life, Right to health, Right to life, Right to property
Facts:

The Democratic Republic of Congo initiated proceedings before the African Commission on Human and Peoples’ Rights, alleging that the respondent countries (Burundi, Rwanda, and Uganda) committed various human rights violations. The Democratic Republic of Congo alleged that the respondent countries committed multiple massacres against people of the Democratic Republic of Congo including attacking Inga hydroelectric …Read more

Tags: AIDS, Armed conflict, Assault, Children, Execution, Forced displacement, HIV, HIV positive, Manmade disaster, Military, Militias, Public hospitals, Rape, Sexual assault, Sexual violence, Transmission, Violence against women
Download Judgment: English

Purohit and Moore v. The Gambia

Country: The Gambia
Year: 2003
Court: African Commission on Human and Peoples' Rights
Citation: Communication No. 241/2001
Health Topics: Informed consent, Mental health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

Complainants P and M were mental health advocates, who brought the complaint on behalf of patients detained at Campama, a psychiatric unit of the Royal Victoria Hospital, and existing and future mental health patients detained under the Mental Health Acts of the Republic of The Gambia. Complainants alleged that legislation governing mental health in The …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory treatment, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Forced treatment, Humiliating treatment, Insanity, Involuntary commitment, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Mental institution
Download Judgment: English

The Social and Economic Rights Action Center, et al. v. Nigeria

Country: Nigeria
Year: 2001
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 155/96 (2001).
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Environmental health, Infectious diseases, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to a clean environment, Right to food, Right to health, Right to housing, Right to life, Right to property
Facts:

The applicant alleged that the military government of Nigeria (Government), in its efforts to produce oil through the State-owned Nigerian National Petroleum Company (NNPC), contaminated the environment of the Ogoni People and led to environmental degradation and health problems among that community. More specifically, the applicant claimed that the NNPC, acting within a consortium with …Read more

Tags: Air pollution, Cancer, Clean water, Contamination, Drinking water, Environmental degradation, Environmental hazards, Food, Food shortages, Forced displacement, Industrial waste, Lung disease, Military, Pollution, Potable water, Pulmonary diseases, Refugees, Respiratory diseases, Safe drinking water, Skin disease, Toxic waste, Water pollution
Download Judgment: English

Malawi African Association, et al. v. Mauritania

Country: Mauritania
Year: 2000
Court: African Commission on Human and Peoples' Rights
Citation: (2000) AHRLR 149 (ACHPR 2000); Communications 54/91, 61/91, 98/93, 164-196/97 and 210/98
Health Topics: Diet and nutrition, Disasters and emergencies, Health care and health services, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to due process/fair trial, Right to family life, Right to favorable working conditions, Right to food, Right to health, Right to liberty and security of person, Right to life, Right to property, Right to work, Rights to the benefits of culture
Facts:

Six communications jointly alleged that the Mauritanian state committed numerous human rights violations from 1986 to 1992. Specifically, the communications alleged that the State violated articles 2, 4, 5, 6, 7, 9, 10, 11, 12, 14, 16, 18, 19, and 26 of the African Charter on Human and Peoples’ Rights (“the Charter”), which came into …Read more

Tags: Abuse, Access to health care, Armed conflict, Cleanliness, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Forced displacement, Humanitarian crisis, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Malnutrition, Military, Prison conditions, Rape, Refugees, Solitary confinement, Starvation, Torture
Download Judgment: English

Kazeem Aminu v. Nigeria

Country: Nigeria
Year: 2000
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 205/97 (2000).
Health Topics: Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

The complainant alleged that Nigerian security agents arbitrarily arrested his client, Mr. Ayodele Ameen, as a result of Mr. Ameen’s political activism in support of validating the country’s 12 June 1994 elections, which the Nigerian military government had previously annulled. While in prison, the complainant claimed that Nigerian security officials tortured Mr. Ameen, subjected him …Read more

Tags: Access to medicines, Detention, Inhuman treatment, Torture
Download Judgment: English

Huri-Laws v. Nigeria

Country: Nigeria
Year: 2000
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 225/98 (2000).
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Right of access to information, Right to due process/fair trial, Right to liberty and security of person, Right to property
Facts:

Huri-Laws, a non-governmental organization registered in Nigeria, filed on behalf of the Civil Liberties Organisation (CLO), another Nigerian organization based in Lagos, a complaint claiming that the Federal Military Government of Nigeria harassed and persecuted the latter’s legal staff in various forms that violated provisions of the African Charter on Human and Peoples’ Rights (Charter). …Read more

Tags: Abuse, Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Military, Prison conditions, Torture
Download Judgment: English

Amnesty International, et al. v. Sudan

Country: Sudan
Year: 1999
Court: African Commission on Human and Peoples' Rights
Citation: Comm. Nos. 48/90-50/91-52/91-89/93 (1999).
Health Topics: Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of religion, Right to due process/fair trial, Right to liberty and security of person
Facts:

Amnesty International and three other international human rights organizations filed a series of four complaints (Communications 48/90, 50/91, 52/91, and 89/93) on behalf of hundreds of prisoners, whom the organizations believed suffered detainment without trial, as well as various forms of torture and cruel and inhuman treatment in prison, following a coup d’état in Sudan …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detainee, Detention, Execution, Humiliating treatment, Inhuman treatment, Prison conditions, Torture
Download Judgment: English

Rights International v. Nigeria

Country: Nigeria
Year: 1999
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 215/98 (1999).
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person
Facts:

Rights International, a non-governmental organization based in the United States, claimed that Nigerian military soldiers arrested and tortured Mr. Charles Baridorn Wiwa at an unknown military detention camp in Gokana, Nigeria. The Complainant alleged that Mr. Wiwa’s detention lasted from January 2-9, 1996, and that during his detention, authorities horsewhipped him, subjected him to various …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Forced displacement, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Military, Refugees, Torture
Download Judgment: English

International Pen and Others. on Behalf of Saro Wiwa v. Nigeria

Country: Nigeria
Year: 1998
Court: African Commission on Human and Peoples' Rights
Citation: AHRLR 212 (ACHPR 1998); Communications 137/94, 139/94, 154/96 and 161/97
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Right of access to information, Right to acquire nationality, Right to due process/fair trial, Right to health, Right to liberty and security of person, Right to life
Facts:

S, a writer and president of an Ogoni people’s movement, and L (the movement’s vice-president) were arrested in May 1994 after the murder of four Ogoni leaders following a riot which had occurred during a meeting organized by the movement. It was alleged that S was severely beaten during the first days of his detention …Read more

Tags: Abuse, Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Torture
Download Judgment: English

Media Rights Agenda and Others. v. Nigeria

Country: Nigeria
Year: 1998
Court: African Commission on Human and Peoples' Rights
Citation: Communication Nos 105/93, 128/94, 130/94 and 152/96, Decision of the AfCmHPR, 24th Ordinary Session, October 1998
Health Topics: Health care and health services, Prisons
Human Rights: Freedom of expression, Right to due process/fair trial, Right to health, Right to liberty and security of person, Right to property
Facts:

Decrees were issued in August 1993, following the annulment of presidential elections, which proscribed the publication of two magazines and officials sealed their premises. There were also frequent seizures of magazines critical of the government’s decisions and arrests of those selling them. A third decree proscribed ten newspapers published by four different media organizations. It …Read more

Tags: Access to health care, Access to treatment, Detention
Download Judgment: English

Organisation Mondiale Contre la Torture, et al. v. Rwanda

Country: Rwanda
Year: 1996
Court: African Commission on Human and Peoples' Rights
Citation: (2000) AHRLR 282 (ACHPR 1996); Communications 27/89, 49/91 and 99/93
Health Topics: 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 liberty and security of person, Right to life
Facts:

Various communications alleged that: (1) Burundian nationals, who had been refugees in Rwanda for several years, were told they had one month to leave the country as they were considered national risks risks due to their “subversive activities”. The refugees were not able to challenge the expulsion in court (2) arbitrary arrests and summary executions …Read more

Tags: Detainee, Detention, Execution, Imprisonment, Inhuman treatment, Torture
Download Judgment: English

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