51 judgments found.

Alimov v. Turkey

Country: Turkey
Year: 2016
Court: The European Court of Human Rights
Citation: Application no. 14344/13
Health Topics: Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to water and sanitation
Facts:

This case relates to the lawfulness and material conditions of the detention of an Uzbek refugee in Turkish holding facilities. The applicant and his family sought refuge in Turkey. The applicant was refused entry. He was placed in a detention facility at the airport pending his repatriation. The applicant’s new asylum request was rejected, to …Read more

Tags: Asylum, Cleanliness, Degrading treatment, Detainee, Detention, Immigrants, Immigration, Refugees
Download Judgment: English

CPCF v Minister for Immigration and Border Protection

Country: Australia
Year: 2015
Court: High Court
Citation: [2015] HCA 1
Health Topics: Disasters and emergencies
Facts:

An Australian border protection vessel intercepted an Indian flagged vessel carrying the plaintiff and 156 other passengers in the Indian Ocean about 16 nautical miles from the Australian territory of Christmas Island. The plaintiff was a Sri Lankan national of Tamil ethnicity who claimed to have a well-founded fear of persecution in Sri Lanka on …Read more

Tags: Humanitarian crisis, Refugees
Download Judgment: English

Kanthasamy v Canada (Citizenship and Immigration)

Country: Canada
Year: 2015
Court: The Supreme Court of Canada
Citation: 2015 SCC 61
Health Topics: Child and adolescent health, Disasters and emergencies, Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The appellant was a 17 year old boy who applied for permanent residence from within Canada, having previously landed as a refugee claimant. He travelled to Canada to escape threatened violence from the army and police in Sri Lanka, his native country after he was detained and questioned by the Sri Lankan police and army. …Read more

Tags: Abuse, Access to healthcare, Access to treatment, Armed conflict, Assault, Asylum, Child development, Children, Custody, Depression, Detainee, Detention, Humanitarian crisis, Immigrants, Immigration, Law enforcement, Manmade disaster, Mental disorder, Mental illness, Migrants, Military, Minor, Police, Psychology, Refugees, Trauma
Download Judgment: English

Canadian Doctors for Refugee Care, et al. v. Attorney General of Canada et al.

Country: Canada
Year: 2014
Court: Federal Court
Citation: (2014) FC 651
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

In 2012, the Governor-in-Council passed two orders modifying the Interim Federal Health Program (IFHP), thereby reducing health insurance coverage for refugee and asylum claimants in Canada. Canadian Doctors for Refugee Care (CDRC) and two groups of lawyers challenged the changes to the program to restore better coverage as the changes had a significant negative impact …Read more

Tags: Access to health care, Access to treatment, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Immigrants, Immigration, Migrants, Out-of-pocket expenditures, Refugees, Reimbursement, Social security
Download Judgment: English

Case 562/13

Country: Belgium
Year: 2014
Court: Grand Chamber
Citation: C-562/13. Centre public d’action sociale d’Ottgnies-Louvain-la-Neuve v. Moussa Abdida
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Mr. Abdida, a Niegrian national, was in Belgium seeking asylum from torture and inhuman treatment. While in Belgium, he suffered from a serious illness and submitted an application to reside in Belgium on medical grounds. The application was accepted, and he began receiving social assistance from the Public Social Action Centre of Ottignies-Louvain-la-Neuve (“CPAS”). In 2011, …Read more

Tags: Access to health care, Access to treatment, Asylum, Emergency care, Health expenditures, Health funding, Health spending, Immigrants, Immigration, Migrants, Refugees
Download Judgment: English French

DD v. Secretary of State for Home Department

Country: United Kingdom
Year: 2014
Court: Royal Courts of London
Citation: [2014] EWHC 3820 (Admin)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The claimant, DD, a Somali man, was granted asylum and indefinite leave to remain shortly after his arrival in the UK in 2003. Due to his involvement in fundraising for Al-Shabaab, a Terrorism Prevention and Investigation Measure (TPIM) was imposed in 2012. He was charged with breaching the TPIM, remanded into custody, and was sentenced …Read more

Tags: Custody, Degrading treatment, Depression, Detention, Imprisonment, Inhuman treatment, Mental disability, Mental illness, Psychiatry, Psychosis, Refugees, Schizophrenia, Solitary confinement, Terrorism, Torture, Trauma
Download Judgment: English

F.K.A.G. et al. v. Australia

Country: Australia
Year: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2049/2011, CCPR/C/108/D/2094/2011
Health Topics: Child and adolescent health, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

The authors, 37 Sri Lankan citizens held in Australian immigration detention facilities, alleged that the actions of the Australian government regarding their detention violated Articles 7, 9, 10, 17, 23, and 24 of the International Covenant on Civil and Political Rights (the “Covenant”).   At the time of the submission, all of the authors were …Read more

Tags: Access to health care, Access to treatment, Asylum, Child development, Cruel treatment, Degrading treatment, Depression, Detainee, Detention, Immigration, Inhuman treatment, Migrants, Refugees, Suicide
Download Judgment: English

M.M.M. v. Australia

Country: Australia
Year: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2136/2012, CCPR/C/108/D/2136/2012
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

The authors, nine persons held in Australian immigration detention facilities, alleged violations of various articles (named below) of the International Covenant on Civil and Political Rights (the “Covenant”). The authors had different backgrounds. Two were Myanmarese citizens, six were Sri Lankan citizens, and one was a Kuwaiti citizen. They all entered Australian territorial waters on …Read more

Tags: Access to health care, Access to treatment, Asylum, Cruel treatment, Degrading treatment, Depression, Detainee, Detention, Immigration, Inhuman treatment, Mental illness, Migrants, Refugees
Download Judgment: English

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

Laidlow v The Minister of Citizenship and Immigration

Country: Canada
Year: 2012
Court: Federal Court
Citation: (2012) FC 144
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to health, Right to life
Facts:

The applicant was a citizen of Saint Vincent and the Grenadines who entered Canada on a visitor visa, and remained in Canada illegally after his visa had expired. During this time, he was hospitalized after losing his eyesight and memory. He was diagnosed with a benign tumor affecting his brain and pituitary gland. The tumor …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Blind, Essential medicines, Examination, Health expenditures, Health facilities, Health funding, Health regulation, Health spending, Immigrants, Immigration, Refugees, Testing
Download Judgment: English