Loading, please wait...
14 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

Georgina Ahamefule v. Imperial Medical Centre

Country: Nigeria
Year: 2012
Court: High Court of Lagos State
Citation: Suit No. ID/16272000
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

The Plaintiff was a nurse at a medical centre. Defendants were the medical centre and a doctor at the centre. While employed at the medical centre, the Plaintiff became pregnant and developed a skin disorder. She sought medical attention and the Defendant doctor performed several diagnostic tests. Neither the nature nor the outcome of the tests …Read more

Tags: Access to health care, Access to treatment, AIDS, Compensation, Compulsory testing, Damages, Duty of care, Employment, HIV, HIV positive, HIV status, Informed choice, Involuntary testing, Mandatory testing, Maternal health, Miscarriage, Negligence, Non-consensual testing and treatment, Patient choice, People living with HIV/AIDS, PLHIV, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Transmission
Download Judgment: English

SERAP v. Federal Republic of Nigeria

Country: Nigeria
Year: 2012
Court: The Court of Justice of the Economic Community of West African States (ECOWAS)
Citation: JUDGMENT N° ECW/CCJ/JUD/18/12.
Health Topics: Diet and nutrition, Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to water and sanitation
Facts:

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

Tags: Clean water, Cleanliness, Contamination, Drinking water, Environmental degradation, Environmental hazards, Food, Food safety, Food shortages, Pollution, Potable water, Safe drinking water, Water pollution, Water safety
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

Gbemre v. Shell Petroleum Development Company and Others

Country: Nigeria
Year: 2005
Court: High Court, Benin Division
Citation: Suit No. FHC/B/CS/53/05; (2005) AHRLR 151 (NgHC 2005)
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health care and health services, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life
Facts:

Applicants, residents of Iwherekan community in the Delta State of Nigeria, applied for an order enforcing their fundamental right to life and dignity of human person as provided by sections 22(1) and 34(1) of the Constitution of the Federal Republic of Nigeria, 1999 (the “Constitution”) and articles 4, 16, and 24 of the African Charter …Read more

Tags: Access to health care, Access to treatment, Air pollution, Asthma, Biohazard, Biosafety, Cancer, Clean water, Climate change, Contamination, Environmental degradation, Environmental hazards, Global warming, Indigent, Low income, Lung disease, Poisoning, Pollution, Poor, Respiratory diseases, Safe drinking water, Toxic waste, Water pollution
Download Judgment: English

Odafe and Others v. Attorney-General and Others

Country: Nigeria
Year: 2004
Court: High Court, Port Harcourt Division
Citation: Suit No. FHC/PH/CS/680/2003; (2004) AHRLR 205 (NgHC 2004) 
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to life
Facts:

The Applicants were detainees living with HIV. They had been awaiting trial for up to four years. The Applicants claimed that their continuous detention and segregation from the general prison population was a violation of their rights to dignity of the human person and freedom from discrimination in sections 34(1)(a) and 42(1) of the Constitution. …Read more

Tags: Access to health care, Access to treatment, AIDS, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

Medical and Dental Practitioners Disciplinary Tribunal v. Okonkwo

Country: Nigeria
Year: 2001
Court: Supreme Court
Citation: (2002) AHRLR 159 (NgSC 2001); [2001] WRN 1
Health Topics: Health care and health services, Informed consent, Medical malpractice
Human Rights: Freedom of expression, Freedom of religion, Right to bodily integrity, Right to privacy
Facts:

The Medical and Dental Practitioners Disciplinary Tribunal (“the Tribunal”) brought charges to determine whether a practitioner is guilty of punishable “infamous conduct” when in deference to a patient’s religious views which he failed to provide live-saving blood transfusions, refer the patient to another practitioner, or terminate his medical contract. The patient, Martha Okorie, and her …Read more

Tags: Duty of care, Health care professionals, Health care workers, Informed choice, Negligence, Non-consensual testing and treatment, Patient choice, Standard of care
Download Judgment: English

Alhaji Dikko Setto v. Motsibbe & Anor 

Country: Nigeria
Year: 2001
Court: Court of Appeals, Kaduna Judicial Division
Citation: Alhaji Dikko Setto v. Motsibbe & Anor, (2001) CA/IL/154/S/2000,Ct. of App., Kaduna Judicial Div. (Nigeria).
Health Topics: Sexual and reproductive health
Human Rights: Right to privacy
Facts:

Under Islamic jurisprudence, a divorced woman is to observe her “iddah,” a mandatory period of three months, before she is eligible to remarry. During this probationary period, her marriage to her ex-husband is considered to be inactive but capable of being revitalized and reconciled. She is obligated to stay in her parents’ house, while her …Read more

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

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

Civil Liberties Organization v. Nigeria

Country: Nigeria
Year: 1999
Court: African Commission on Human and Peoples’ Rights
Citation: Civil Liberties Org. v. Nig., Afr. Comm’n Human & Peoples’ Rights,Comm. No. 151/96 (1999).
Facts:

The Civil Liberties Organisation filed this action with the African Commission on Human and Peoples’ Rights (African Commission) on behalf of thirteen civilians who were convicted of accessory to treason under a special military tribunal in March of 1995 for plotting to overthrow the Federal Military Government of Nigeria (Government) by force. At the proceedings, …Read more

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