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11 judgments found.


MP v Secretary of State for the Home Department

Country: Sri Lanka, United Kingdom
Year: 2018
Court: Court of Justice of the European Union
Citation: (2018) C-353/16
Facts:

The appellant, MP, was detained and tortured by the Sir Lankan security forces because he was a member of the Liberation Tigers of Tamil Eelam. MP subsequently moved to the United Kingdom in 2005, where he sought asylum, in 2009, on the basis that he would be at further risk of ill-treatment if he returned …Read more

Tags: Freedom from Torture and Cruel, Health care and health services, Inhuman or Degrading Treatment, Mental health, Right to Health
Download Judgment: English

Dr. Ajith C.S. Perera v. Attorney General and Others

Country: Sri Lanka
Year: 2011
Court: Supreme Court
Citation: S.C. (FR) No. 221/2009
Health Topics: Disabilities
Human Rights: Freedom from discrimination
Facts:

This case was filed by the Secretary General of IDIRIYA, Dr. Ajith C.S. Perera. IDIRIYA is a non- profit organization advocating for disability-related access issues. The Act for the Protection of the Rights of Persons with Disabilities Act, No. 28 of 1996, together with the Disabled Persons (Accessibility) Regulations, No.1 of 2006, specify the manner …Read more

Tags: Disabled, Handicapped, Physically challenged
Download Judgment: English

Ceylon Tobacco Company Ltd., et. al. v. Hon.NimalSiripala de Silva et. al.

Country: Sri Lanka
Year: 2006
Court: Supreme Court of Sri Lanka
Citation: S.C.(SD) Application Nos.1 to 6/2006
Facts:

The Petitioners, the tobacco companies in Sri Lanka, challenged clause 40 of the National Authority on Tobacco and Alcohol Bill (“Bill”), which seeks to prohibit smoking in closed public places. It is important to mention here that a petition was earlier filed, which challenged the Bill as whole but the Court dismissed the earlier petition …Read more

Tags: Controlled substances, Right to Health, Tobacco
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Udeni Renuka Gunwardena v. Dr. Gurugue L. Wimalasiri and others

Country: Sri Lanka
Year: 2004
Court: Supreme Court
Citation: S.C. (Special) No. 69/1999
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The Petitioner, the mother of twins who gave birth after a Caesarian operation, conceived for the second time after six years. The Respondent was the Consultant Visiting Obstetrician and Gynecologist of the Kandy General Hospital. She received antenatal care at Hikkaduwa and later went to her sister’s house in Kundasale. However before visiting her sister …Read more

Tags: Access to health care, Access to treatment, Caesarean, Childbirth, Clinics, Health facilities, Health records, Maternal health, Medical records, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Sanjeewa, Attorney-at-Law (on behalf of Gerald Mervin Perera) v. Suraweera, Officer-in-Charge, Police Station and Others

Country: Sri Lanka
Year: 2003
Court: Supreme Court
Citation: S.C. No. 328/2002 (FR)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The Petitioner was arrested by the police on the mistaken identity as one “Gerrad” who was suspected of having committed a murder. The first Respondent was the Officer-in-charge of the police station while the others were subordinate officers and the 8th Respondent was the Inspector-General of Police. The Petitioner had been taken to the Wattala …Read more

Tags: Abuse, Access to health care, Access to treatment, Compensation, Cruel treatment, Custody, Detainee, Detention, Emergency care, Health facilities, Inhuman treatment, Police, Private hospitals, Reimbursement
Download Judgment: English

Somapala Fernando v. S.C. Fernando

Country: Sri Lanka
Year: 2002
Court: Court of Appeal
Citation: CA NO. 86/94 (F)
Health Topics: Environmental health
Facts:

The Petitioner was to construct a brick kiln close to the Respondent’s house. The Respondent complained that the smoke emitted by the brick kiln would pose a threat to the health of those in the neighborhood. The Respondent claimed that, in addition being harmful to the inhabitants of his house, the smoke would also cause …Read more

Tags: Air pollution, Environmental degradation, Environmental hazards, Pollution
Download Judgment: English

Bulankulama and six others v. The Secretary, Ministry of Industrial Development and seven others

Country: Sri Lanka
Year: 2000
Court: Supreme Court
Citation: SC Application No 884/99 (FR), unreported
Health Topics: Environmental health, Infectious diseases
Human Rights: Freedom of movement and residence, Right of access to information, Right to a clean environment, Right to development, Right to work, Rights to the benefits of culture
Facts:

The respondents entered into a draft agreement with a leading US mining company for the exploration of phosphate deposits in Eppawela, an agriculturally developed area of great historical importance and archaeological value. The proposed area of exploration was described as land ‘initially covering 56 square kilometers’. The petitioners, residents of Eppawela, started proceedings in the …Read more

Tags: Environmental degradation, Forced displacement, Industrial waste, Malaria, Pollution
Download Judgment: English

Weerawansa v. Attorney General, et al.

Country: Sri Lanka
Year: 2000
Court: Supreme Court
Citation: [2000] 1 LRC 407; (2000) 3 CHRLD 211
Health Topics: Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

W, an Assistant Superintendent of Customs, was arrested on 30 April 1996 by the Criminal Investigation Department (CID) acting on the second respondent’s (DIG Sumanasekera) instructions on suspicion of aiding and abetting the smuggling of illegal weapons. They purported to act under s 6(1) of the Prevention of Terrorism (Temporary Provisions) Act, No 48 of …Read more

Tags: Custody, Detainee, Detention, Jail, Law enforcement, Police
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Kurukulasuriyage Don Douglas Hemapriya Dayarathna, et al. v Minister of Health and Indigenous Medicine, et al.

Country: Sri Lanka
Year: 1999
Court: Supreme Court
Citation: SC Application Nos 513-528/98, unreported
Human Rights: Right to work
Facts:

The sixteen petitioners responded to a notification in the Government Gazette calling for applications for training as Assistant Medical Practitioners (AMP). All the petitioners possessed the stipulated qualifications, submitted applications in the terms of the notification and successfully sat the examination qualifying them for the training. However, before the final stage of the process, which involves …Read more

Tags: Health care professionals, Health care workers
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Re Supreme Court Special Determinations Nos 6 and 7 of 1998

Country: Sri Lanka
Year: 1998
Court: Supreme Court
Citation: [1999] 2 LRC 579; (1998) 2 CHRLD 333
Health Topics: Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right to due process/fair trial
Facts:

A Bill entitled ‘Prohibition of Ragging and Other Forms of Violence in Educational Institutions’ was drafted in response to the increase and brutality of ‘ragging’ in educational institutions. Section 17 of the Bill defined ‘ragging’ as ‘any act which causes, or is likely to cause, physical or psychological injury or mental pain or fear or …Read more

Tags: Assault, Bullying, Criminalization, Hazing, Ragging
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Saram v. Seneviratna

Country: Sri Lanka
Year: 1918
Court: Privy Council
Citation: 502-P. C. Colombo, 15,045
Health Topics: Environmental health
Facts:

The Appellant was the proprietor of a oil store in Colpetty. Coopering (the art of making barrels) was carried out all day and night at the store. This affected the health of the people in the vicinity. The Appellant was thus proceeded against by the Police Magistrate under S 105(1) of the Criminal Procedure Code …Read more

Tags: Environmental hazards, Pollution
Download Judgment: English
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