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236 judgments found.


Center for Health Human Rights and Development, et al. v. Nakaseke District Local Administration

Country: Uganda
Year: 2012
Court: High Court at Kampala
Citation: Civil Suit No. 111 of 2012
Health Topics: Child and adolescent health, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

Nanteza Irene, the deceased, was taken to Nakaseke Hospital for obstetric care and management in order to deliver a child. The plaintiffs asserted that she died because she had an obstructed labor condition and did not receive appropriate medical care and attention. The assigned doctor on duty for the day that she went to the …Read more

Tags: Childbirth, Duty of care, Health care professionals, Health care workers, Inadequate treatment, Maternal health, Maternal mortality, Negligence, Pregnancy, Public hospitals
Download Judgment: English

Center for Health Human Rights and Development (CEHURD) v. Attorney General

Country: Uganda
Year: 2012
Court: Constitutional Court
Citation: Constitutional Petition No. 16 of 2011
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

The petitioners claimed that the lack of provision of basic health maternal commodities in Government Health Facilities and the negligent, unethical behavior of health workers toward expectant mothers in those facilities resulted in violations of the Constitution of the Republic of Uganda (the “Constitution”). Specifically, the petitioners claimed violations of the right to health and …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Childbirth, Children, Cruel treatment, Degrading treatment, Essential medicines, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health spending, Humiliating treatment, Inadequate treatment, Inappropriate treatment, Indigent, Infant health, Infant mortality, Inhuman treatment, Low income, Maternal health, Maternal mortality, Midwifery, Negligence, Out-of-pocket expenditures, Pediatric health, Poor, Pregnancy, Primary care, Public hospitals, Remedies, Subsidies, Underprivileged
Download Judgment: English

Déogratias Niyonzima v. Burundi

Country: Burundi
Year: 2012
Court: Committee Against Torture
Citation: Communication No. 514/2012; U.N. Doc. CAT/C/53/D/514/2012
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

Niyonzima was secretary general of the Peoples Reconciliation Party in Burundi. On August 1, 2006 Niyonzima was arrested outside his home by 20 armed police men. No reason was given for his arrest. Niyonzima was taken first to the National Intelligence Service and then back to his home. His home was searched and items were …Read more

Tags: Abuse, Cruel treatment, Degrading treatment, Humiliating treatment, Torture
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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
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Petition No. 409 of 2009

Country: Kenya
Year: 2012
Court: High Court of Kenya
Health Topics: HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Facts:

Petitioners were indigent Kenyan citizens that were infected with HIV/AIDS. Petitioners depended on antiretroviral drugs for treatment of their condition; and, because of their poverty, relied on a program administered by the Kenyan government and an NGO for the provision of these drugs at little or no cost. This program could afford to operate as …Read more

Tags: Access to drugs, Access to health care, Access to medicines, AIDS, Generic drugs, Health spending, HIV, People living with HIV/AIDS
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Bushula v. Ukhahlamba District Municipality

Country: South Africa
Year: 2012
Court: High Court of South Africa (Eastern Cape Division)
Citation: [2012] ZAECGHC 1
Health Topics: Water, sanitation and hygiene
Human Rights: Right to water and sanitation
Facts:

This case was about the scope of the constitutional right of access to a water supply. The applicant was a resident of Kwa-Ngquba Locality and the respondent was a District Municipality responsible for providing water services under the Water Service Act 108 of 2017. The case of the applicant was that in 2004, the respondent …Read more

Tags: Clean water, Drinking water, Potable water, Safe drinking water, Water pollution, Water safety
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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

Ntsels v. Member of the Executive Council for Health, Gauteng Provincial Government

Country: South Africa
Year: 2012
Court: South Gauteng High Court, Johannesburg
Citation: CASE NO: 2009/52394
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

The plaintiff filed an action for damages against the defendant on behalf of her minor child “A” alleging that the nursing staff at the clinic failed to properly monitor the child’s fetal growth and heart beat, refer her to a hospital for ante-natal sonar tests and were negligent in providing appropriate treatment and perform a …Read more

Tags: Access to healthcare, Access to treatment, Caesarean, Child development, Childbirth, Children, Compensation, Damages, Duty of care, Emergency care, Health facilities, Inadequate treatment, Inappropriate treatment, Maternal health, Minor, Negligence, Neurological diseases, Pregnancy, Public hospitals, Remedies, Standard of care
Download Judgment: English

The Centre for Human Rights (University of Pretoria) and La Rencontre Africaine pour la Defense des Droits de l’Homme (Senegal) v Government of Senegal

Country: Senegal
Year: 2012
Court: The African Committee of Experts on the Rights and Welfare of the Child
Citation: Decision N° 003/Com/001/2012
Health Topics: Child and adolescent health, Diet and nutrition, Poverty, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to education, Right to health, Right to liberty and security of person
Facts:

The Centre for Human Rights and the La Rencontre Africaine pour la Defense des Droits de l’Homme submitted a communication to the African Committee of Experts on the Rights and Welfare of the Child in relation to the condition of some schools in Senegal. More than 100,000 children were forced to beg on the streets …Read more

Tags: Assault, Child development, Children, Malnutrition, Poor, Sexual abuse, Sexual assault, Sexual violence, Starvation, Underprivileged
Download Judgment: English

Case of Sykora v Czech Republic

Country:
Year: 2012
Court: European Court of Human Rights
Citation: App No; 23419/07
Facts:

The applicant Sykora was born with a psycho social disability and had been treated in hospitals the most recent one being in 1995. He had stopped taking medication since he believed they had adverse effects on his eyesight and had used alternative ways to cope with his eyesight. The municipal court in Brno deprived him …Read more

Tags: right to liberty
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Nenova et al. v. Libya

Country: Libya
Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication No. 1880/2009
Health Topics: HIV/AIDS, Medical malpractice, Prisons, Public safety
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Four out of the five claimants in this case arrived in Libya between February 1998 and February 1999 to work as members of a Bulgarian medical team at Al-Fatah pediatrics hospital; the other claimant had arrived in Libya in 1991 and had been working at a different hospital. On 9 February 1999, the authors together …Read more

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N.S. Nenova et al. v Libya

Country: Libya
Year: 2012
Court: Human Rights Committee
Citation: N.S. Nenova et al. v Libya CCPR/C/104/D/1880/2009
Facts:

FACTS All the authors save one who had arrived in 1999, all arrived in Libya between February 1998 and 1999 to work as members of a Bulgarian medical team at al-Fatah paediatric hospital in Benghazi. The authors were arrested by Libyan police & charged with murder on suspicion of having infected 393 children with HIV …Read more

Tags: Cruel treatment, Imprisonment, Inhuman treatment, Inmate, Torture, Unfair trial
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Ibrahim Sangor Osman v. Minister of State for Provincial Administration and Internal Security

Country: Kenya
Year: 2011
Court: High Court of Kenya at Embu
Citation: (2011) eKLR (Kenya).
Health Topics: Diet and nutrition, Health care and health services, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to due process/fair trial, Right to housing, Right to liberty and security of person, Right to life, Right to water and sanitation
Facts:

The petitioners claimed that a group of armed police officers arrived on their land and without warning or a court order begun demolishing the houses and structures of the petitioners, leaving them homeless. Further, they alleged that police used tear gas and physical violence to evict the petitioners, who were resisting the demolition. The petitioners …Read more

Tags: Access to health care, Clean water, Drinking water, Food, Forced displacement, Police, Potable water, Refugees, Safe drinking water
Download Judgment: English

Simon Maregwa Githiru v. Republic

Country: Kenya
Year: 2011
Court: High Court - Embu
Health Topics: Infectious diseases, Prisons
Facts:

The Applicant suffered from pulmonary tuberculosis. He defaulted on his treatment and was charged with wilfully exposing and spreading infectious disease to the community in violation of the Public Health Act. When the facts and the charges of his case were read to the Applicant, he simply stated ‘It is true’ and ‘Facts as charged’. …Read more

Tags: Custody, Detainee, Detention, Imprisonment, Jail, TB, Tuberculosis
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Allpass v. Mooikloof Estates (Pty) Ltd.

Country: South Africa
Year: 2011
Court: Labour Court of South Africa
Citation: Case No. JS178/09; [2011] ZALCJHB 7; 2011 (2) SA 638 (LC); [2011] 5 BLLR 462 (LC); (2011) 32 ILJ 1637 (LC)
Health Topics: Chronic and noncommunicable diseases, Health information, HIV/AIDS, Medicines, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Applicant, Allpass, was hired as a stable yard manager and horse-riding instructor for the Respondent, Mooikloof Estates. He had 27 years of experience in horse riding, instructing and stable yard management. At the time of his hiring, the Applicant had been living with HIV for 17 years and was in a same-sex civil union. …Read more

Tags: Antiretrovirals, ARVs, Asthma, Disclosure, Gay, HIV, HIV positive, HIV status, Homosexual, LGBTI, People living with HIV/AIDS, PLHIV, Sexual orientation
Download Judgment: English

Mankayi v. AngloGold Ashanti Ltd.

Country: South Africa
Year: 2011
Court: Constitutional Court
Citation: [2011] ZACC 3; 2011 (5) BCLR 453 (CC) ; 2011 (3) SA 237 (CC) ; [2011] 6 BLLR 527 (CC) ; (2011) 32 ILJ 545 (CC)
Health Topics: Chronic and noncommunicable diseases, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to liberty and security of person, Right to social security, Right to work
Facts:

Mr Mankayi brought an action for delictual (tort) damages against AngloGold Ashanti Limited (AngloGold). While working as an underground mineworker between January 1979 and September 1995, Mr Mankayi claimed to have been exposed to harmful dusts and gases that led to his contracting tuberculosis and a chronic obstructive airway condition; these ailments rendered him unable …Read more

Tags: Employment, Lung disease, Noncommunicable diseases, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Pulmonary diseases, Respiratory diseases, TB, Tuberculosis, Workers' compensation
Download Judgment: English

Centre For Health, Human Rights and Development (CEHURD), et al. v. The Attorney General

Country: Uganda
Year: 2011
Court: Constitutional Court
Citation: Constitutional Petition No. 64 of 2011
Health Topics: Disabilities, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The Centre for Health, Human Rights and Development (“CEHURD”) alleged that Uganda passed laws that were (1) degrading to mentally challenged individuals and (2) contrary to the Ugandan Constitution (“Constitution”). The factual issue at hand involved the claim that people with mental disabilities were being detained for long and indefinite periods of time without due …Read more

Tags: Compulsory confinement, Cruel and unusual punishment, Degrading treatment, Differently abled, Disabled, Handicapped, Humiliating treatment, Involuntary commitment, Involuntary confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation
Download Judgment: English

Matsipane Mosetlhanyane, et al. v. Attorney General

Country: Botswana
Year: 2011
Court: Court of Appeal of the Republic of Botswana at Lobatse
Citation: Matsipane Mosetlhanyane & Ors v. The Attorney General [2011] CivilAppeal No. CACLB-074-10 (Bots.).
Health Topics: Child and adolescent health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to water and sanitation
Facts:

Appellants, a married couple who are members of an indigenous community known as the “Basarwa,” sought reversal of a High Court decision that had denied members of the Basarwa communities a constitutional right to utilize at their own expense a borehole located within the Central Kalahari Game Reserve (CKGR) for purposes of extracting and using …Read more

Tags: Children, Clean water, Cleanliness, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Drinking water, Humiliating treatment, Indigenous groups, Inhuman treatment, Minor, Potable water, Safe drinking water, Torture, Water pollution
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

Chimwemwe Mphembedzu v. The Republic

Country: Malawi
Year: 2011
Court: High Court
Citation: Bail Case No. 70 of 2011
Health Topics: Health care and health services, Prisons
Human Rights: Right to due process/fair trial
Facts:

This case considered whether a prisoner in ill health should be released from prison. The applicant was serving time in prison for murder. He argued that he should be released on bail given his ill health and that the delay in bringing his case to trial was unreasonable. He had been imprisoned since October 2007 …Read more

Tags: Access to health care, Access to treatment, Detainee, Detention, Diagnostics, Imprisonment, Incarceration, Inmate, Jail
Download Judgment: English

Federation for Sustainable Environment and Others v Minister of Water Affairs and Others

Country: South Africa
Year: 2011
Court: High Court of South Africa
Citation: [2012] ZAGPPHC 128 (10 July 2012).
Health Topics: Water, sanitation and hygiene
Human Rights: Right to water and sanitation
Facts:

Water in Silobela, Carolina Town and Caropark neighbourhoods in the town of Carolina, South Africa was contamintaed by acid mines severaly rendering it unfit for consumption. Water tanks were brought in from neighboring towns to supply drinking water to the town’s residents, but some of the tanks were not refilled, and some were not refilled …Read more

Tags: Clean water, Drinking water, Potable water, Safe drinking water, Water pollution
Download Judgment: English

Hoffmann v. Member of Executive Council, Easter Cape

Country: South Africa
Year: 2011
Court: High Court of South Africa, Eastern Cape
Citation: Case no: 1037/2007
Health Topics: Child and adolescent health, Sexual and reproductive health
Human Rights: Right to health
Facts:

The plaintiff alleged medical negligence on behalf of the Dora Nginza Hospital (hereinafter referred to as “the hospital”. The plaintiff states that she was referred to the hospital as her blood sugar and blood pressure was high during pregnancy. She had also informed the hospital that she had had previous C-Section deliveries. She was also …Read more

Tags: Access to treatment, Caesarean, Childbirth, Clinics, Duty of care, Health facilities, Negligence, Patient choice, Remedies, Standard of care
Download Judgment: English

Ntombentsha Beja v. Premier of the Western Cape

Country: South Africa
Year: 2011
Court: Western Cape High Court, Cape Town
Citation: Case No. 21332/10
Health Topics: Poverty, Water, sanitation and hygiene
Human Rights: Right to housing, Right to water and sanitation
Facts:

The City of Cape Town entered into an agreement with the individual members of the community for building over 1300 toilets. The City authorities stated that the residents would enclose the toilets themselves if the City provided one toilet per household. The Applicants argued that due to lack of finances, most of the toilets were …Read more

Tags: Cleanliness, Degrading treatment, Indigent, Low income, Poor, Underprivileged, Waste
Download Judgment: English

Matsipane Mosetlhanyane et al. v The Attorney General

Country: Botswana
Year: 2011
Court: Botswana Court of Appeal
Citation: Matsipane Mosetlhanyane & Ors v. The Attorney General [2011] Civil Appeal No. CACLB-074-10 (Bots.)
Health Topics: Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to water and sanitation
Download Judgment: English

Hospital Association of South Africa v. Ministry of Health, et al.

Country: South Africa
Year: 2010
Court: High Court - North Gauteng Division, Pretoria
Citation: [2010] ZAGPPHC 69; 2010 (10) BCLR 1047 (GNP); [2011] 1 All SA 47 (GNP)
Health Topics: Health information, Health systems and financing, Medicines
Human Rights: Freedom of association, Right to participation
Facts:

Two cases (numbers 37505/09 and 21352/09) were consolidated by an order of the court along with this case of the Hospital Association of South Africa Ltd (number 37377/09), as they all dealt with the same issues. The Applicants sought relief in respect of the promulgation by the Minister of Health (Minister) of Regulations Relating to …Read more

Tags: Access to medicines, Awareness, Health regulation, Notification
Download Judgment: English

Kingaipe and Chookole v. Attorney General

Country: Zambia
Year: 2010
Court: High Court at Livingstone
Citation: 2009/HL/86
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Informed consent
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to social security, Right to work
Facts:

Petitioners Stanley Kingaipe and Charles Chookole sued the Zambian Air Force (ZAF) alleging violations of their constitutional rights to liberty, privacy, life, protection from inhuman and degrading treatment, and protection from discrimination. They also alleged violations of their rights to adequate medical and health facilities and adequate educational opportunities contained in the Directive Principles of …Read more

Tags: AIDS, Examination, HIV, HIV positive, HIV status, Involuntary testing, Involuntary treatment, Most-at-risk, Non-consensual testing and treatment, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing, Unauthorized treatment
Download Judgment: English

Daniel Nge’tich v. Attorney General of Kenya

Country: Kenya
Year: 2010
Court: High Court of Kenya at Eldoret
Citation: Petition No. 3 of 2010
Health Topics: Hospitals, Infectious diseases, Prisons
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The Petitioners suffered from tuberculosis. Pursuant to the Public Health Act, the Nandi Central District Tuberculosis Defaulter Tracing Coordinator ordered their detention in prison for eight months. The Petitioners claimed their detention violated their rights to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair, and to freedom of movement under articles 47(1) …Read more

Tags: Custody, Detainee, Detention, Health facilities, Jail, TB, Tuberculosis
Download Judgment: English

CISE Dispensers (U) Ltd. v. Executive Secretary, National Drug Authority

Country: Uganda
Year: 2010
Court: Court of Appeal at Kampala
Citation: [2010] UGCA 38; Civil Appeal No. 20 of 2009
Health Topics: Controlled substances, Health systems and financing, Medicines
Facts:

The appellant operated an Allied Professional Health Unit. On July 25, 2008, the respondent, accompanied by the police, entered the appellant’s premises where they “inspected, searched and impounded some drugs found thereon.” The respondent claimed that the premises was not licensed, arrested the appellant, and confiscated the impounded drugs. The High Court dismissed the applicant’s …Read more

Tags: Drug enforcement, Essential medicines, Health regulation, Law enforcement, Pharmaceuticals
Download Judgment: English

In re Peter Ssebuliba alias Namansa James (an infant)

Country: Uganda
Year: 2010
Court: High Court at Jinja
Citation: [2010] UGHC 124; Miscellaneous Cause No. 37 of 2009
Health Topics: Child and adolescent health
Human Rights: Right to family life
Facts:

The applicant, who is the biological mother of infant Peter Ssebuliba, filed a writ of habeas corpus claiming that the infant was being held unlawfully by the respondent pursuant to an invalid adoption order authorized by members of the father’s family without the applicant’s consent. The accounting of the facts varies between the applicant and …Read more

Tags: Children, Minor
Download Judgment: English

Law and Advocacy for Women in Uganda v. Attorney General

Country: Uganda
Year: 2010
Court: Constitutional Court at Kampala
Citation: [2010] UGCC 4; Constitutional Petition No. 8 of 2007
Health Topics: HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy, Rights to the benefits of culture
Facts:

Petitioner NGO brought a petition requesting that the Court declare that the act of female genital mutilation (FGM) was in violation of various articles of the Uganda Constitution.  The Petitioner argued that FGM was practiced extensively by the certain Ugandan tribes, and that FGM was crudely carried out, involved excruciating pain, could lead to death, …Read more

Tags: AIDS, Degrading treatment, Female genital mutilation, Hepatitis, HIV, Humiliating treatment, Indigenous groups, Inhuman treatment, Maternal health, Maternal mortality, Torture, Transmission, Violence against women
Download Judgment: English