19 judgments found.

Aftanache v. Romania

Country: Romania
Year: 2020
Court: European Court of Human Rights
Citation: Aftanache v. Romania, no. 999/19, ECHR 2020
Facts:

The applicant had Type-1 Diabetes and was insulin-dependent. On 30 March 2017, he was advised by his diabetologist to go to the pharmacy to purchase medicines because he was feeling ill. He explained his situation to the pharmacist, who called an ambulance to help him. The paramedic team that arrived refused to accompany him home …Read more

Tags: Access to treatment, Addiction, Diabetes, Emergency care, Examination, Forced examination, Involuntary confinement, Non-consensual testing and treatment, Patient choice, Substance abuse
Download Judgment: English

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

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

Wenner v. Germany

Country: Germany
Year: 2016
Court: European Court of Human Rights
Citation: no. 62303/13, § 59, ECHR 2016
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Public safety
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

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

Tags: Access to drugs, Access to health care, Access to treatment, Addiction, Cocaine, Drug safety, Drug use, Examination, Heroin, HIV, HIV/AIDS, Imprisonment, Incarceration, People living with HIV/AIDS, People who use drugs, Rehabilitation, 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
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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

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

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

Andrea Mortlock v. United States

Country: United States
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 63/08, Case 12.534
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
Facts:

This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners included the Legal Aid Society and the International Human Rights Clinic at Washington College of Law. Petitioners alleged the United States violated the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Addiction, AIDS, Antiretrovirals, ARVs, Cocaine, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Drug abuse, Drug enforcement, Drug use, Emergency care, First-line treatment, HIV, HIV positive, HIV status, Immigration, Imprisonment, Incarceration, Inhuman treatment, Inmate, Marijuana, Migrants, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Substance abuse, Torture
Download Judgment: English Spanish

Enhorn v. Sweden

Country: Sweden
Year: 2005
Court: European Court of Human Rights
Citation: [2005] E.C.H.R. 56529/00
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Mental health, Public safety, Sexual and reproductive health
Human Rights: Right to liberty and security of person
Facts:

The Applicant was an HIV-positive man who had sex with men. He had transmitted HIV to another, younger man through a sexual encounter prior to his diagnosis. He was subsequently instructed by the county medical officer, among other things, not to have sexual intercourse without first disclosing to his partner that he was HIV-positive, to …Read more

Tags: Addiction, AIDS, Alcohol, Children, Clinics, Compulsory commitment, Compulsory confinement, Condoms, Counseling, Disclosure, Gay, HIV, HIV positive, Homosexual, Involuntary commitment, Involuntary confinement, Isolation, LGBTI, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Paranoia, People living with HIV/AIDS, PLHIV, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Substance abuse, Transmission
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