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254 judgments found.


British Columbia Civil Liberties Association v Canada (Attorney General)

Country: Canada
Year: 2018
Court: Supreme Court of British Columbia
Citation: 2018 BCSC 62
Health Topics: Mental health, Prisons
Human Rights: Right to bodily integrity, Right to life
Facts:

The plaintiffs are two non-profit organizations, the British Columbia Civil Liberties Association and the John Howard Society of Canada. The plaintiffs challenged the constitutionality of sections 31-33 and 37 of the Corrections and Conditional Release Act (CCRA), which authorized administrative segregation of inmates in federal prisons. Section 31 provided that the purpose of administrative segregation …Read more

Tags: Abuse, Compulsory confinement, Cruel and unusual punishment, Cruel treatment, Custody, Depression, Imprisonment, Incarceration, Inmate, Involuntary confinement, Isolation, Jail, Mental disability, Mental disorder, Mental illness, Paranoia, Prison conditions, Psychiatry, Psychology, Psychosis, Seclusion, Solitary confinement, Suicide, Trauma
Download Judgment: English

X v. Germany

Country: Germany
Year: 2018
Court: The European Court of Human Rights
Citation: App. No. 54646/17
Health Topics: Prisons, Public safety
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence
Facts:

The applicant, a Russian national, arrived in Germany in 2002. In 2002 and 2011, the competent domestic authorities denied the applicant’s asylum requests. In 2012, the applicant was granted a residence permit, which was later prolonged until March 2018. In 2014, the Federal Office for the Protection of the Constitution investigated the applicant due to …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detention, Execution, Forced disappearance, Inhuman treatment, Terrorism, Torture
Download Judgment: English

Nelson v. Livermore

Country: Canada
Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 712
Health Topics: Health care and health services, Health systems and financing, Informed consent, Mental health, Prisons, Public safety, Violence
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:

Rodney Nelson sought judicial review of his involuntary admission to a psychiatric hospital under Ontario’s Mental Health Act (“MHA”) and an order for his immediate release due to rights infringements. Nelson had a lengthy history of crimes with many violent offences, including sexual offences against women and children. A psychiatrist completed an application for psychiatric …Read more

Tags: Assault, Compulsory commitment, Compulsory confinement, Compulsory treatment, Cruel and unusual punishment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Examination, Forced treatment, Health regulation, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Molestation, Psychiatry, Psychology, Psychosis, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Threat of violence, Violence against women
Download Judgment: English

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

Mambu v The Democratic Republic of the Congo

Country: Congo, DRC
Year: 2016
Court: United Nations Human Rights Committee
Citation: Communication No. 2465/2014; UN Doc. CCPR/C/118/D/2465/2014
Health Topics: Health care and health services, Hospitals, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to participation
Facts:

Eugène Diomi Ndongala Nzo Mambu was a national of the Democratic Republic of the Congo and president of the opposition political party in the State, challenging the legitimacy of an election. He alleged that he was abducted in 2012 and held incommunicado for three months and 13 days while being interrogated about his ties with …Read more

Tags: Abuse, Access to health care, Access to medicines, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions
Download Judgment: English

Writ Of Habeas Corpus 124.306 Rio De Janeiro STATE

Country: Brazil
Year: 2016
Court: Supreme Federal Court of Brazil
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The writ of Habeas Corpus was brought for the release of the defendants who were arrested for providing illegal abortion services through their clinic with the consent of the women. The Criminal District Court released the defendants but allowed the appeal of the Public Prosecutor for a pre-trial detention. The decision was based on the …Read more

Tags: Abortion, Access to health care, Access to treatment, Birth control, Childbirth, Clinics, Contraception, Contraceptives, Custody, Detainee, Detention, Family planning, Health facilities, Late-term abortion, Maternal health, Pregnancy, Private hospitals, Termination of pregnancy, Therapeutic abortion
Download Judgment: English Portuguese

Daniel Ng’etich v. Attorney General

Country: Kenya
Year: 2016
Court: High Court of Kenya, Constitutional and Human Rights Division
Citation: Petition No. 329 of 2014 [2016] eKLR
Health Topics: Health care and health services, Hospitals, Infectious diseases, Prisons, Public safety
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to liberty and security of person
Facts:

The Public Health Officer in the Nandi Central District arrested the petitioners- Daniel Ng’etich and Patrick Kipng’etich Kirui stating that they had failed to take the prescribed TB Medications. Under Section 27 of the Public Health Act, a magistrate could order the isolation and detention of a person who has been exposed to an infection. …Read more

Tags: Access to health care, Access to treatment, Clinics, Custody, Detainee, Detention, Health facilities, Imprisonment, Prison conditions, Private hospitals, Public hospitals, Safety regulation, TB, Tuberculosis
Download Judgment: English

Zogo Andela v. Cameroon

Country: Cameroon
Year: 2016
Court: United Nations Human Rights Committee
Citation: CCPR/C/121/D/2764/2016
Health Topics: Health care and health services, Prisons
Human Rights: Right to due process/fair trial, Right to health
Facts:

The International Covenant on Civil and Political Rights (ICCPR) is a treaty by which its parties commit to preserving certain human and political rights. The First Optional Protocol of the Covenant allows for individuals to bring complaints, referred to as communications, against state parties to the Protocol that have allegedly violated articles of the ICCPR. …Read more

Tags: Access to health care, Cruel treatment, Custody, Detainee, Detention, due process, health care services, Imprisonment, Incarceration, Jail, Prison, Prison conditions, Right to Fair Trial
Download Judgment: English

Attorney General, et al. v. Dickson Tapela, et al.

Country: Botswana
Year: 2015
Court: Court of Appeal of the Republic of Botswana at Gaborone
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 health, Right to life
Facts:

Case 1: Tapela and Piye, two Zimbabwean nationals imprisoned in Botswana, both contracted HIV in prison. They were refused antiretroviral treatment for their condition based on a internal directive issued by the national government to all public medical institutions and personnel on March 26, 2004, indicating that testing, assessment, and treatment with antiretroviral and highly active …Read more

Tags: Access to health care, Access to treatment, AIDS, Detainee, Detention, Diagnostics, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Jail, Law enforcement, People living with HIV/AIDS, Testing
Download Judgment: English

Glossip et al. v. Gross et al.

Country: United States
Year: 2015
Court: Supreme Court
Citation: 576 U.S. __ (2015)
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

The state of Oklahoma adopted lethal injection as its method of execution for inmates on death row. The injection consisted of a three-drug protocol of (1) sodium thiopental (a barbiturate) to induce unconsciousness, (2) a paralytic agent to inhibit all muscular-skeletal movements, and (3) potassium chloride to induce cardiac arrest. The Supreme Court had previously ruled …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Detention, Execution, Imprisonment, Incarceration, Inhuman treatment, Jail, Torture
Download Judgment: English

Wong Ho Wing v. Peru

Country: Peru
Year: 2015
Court: Inter-American Court of Human Rights
Health Topics: 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, Right to life
Facts:

Wong Ho Wing, a Chinese citizen, was wanted by the judicial authorities of Hong Kong, China for smuggling, money laundering, bribery, and tax evasion. He was arrested at the Lima airport as he attempted to enter Peru from the United States. China and Peru had entered into an extradition treaty in 2001 that obligated both …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Custody, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Torture
Download Judgment: English

Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania

Country: Romania
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea.  Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more

Tags: Abuse, Access to health care, Access to treatment, Compulsory examination, Compulsory testing, Compulsory treatment, Counseling, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Epilepsy, Examination, Forced examination, Forced treatment, Imprisonment, Inadequate treatment, Inappropriate treatment, Incapacity, Incarceration, Informed choice, Inmate, Involuntary examination, Involuntary treatment, Jail, Lung disease, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Negligence, Neurological diseases, Noncommunicable diseases, Patient choice, Pneumonia, Prison conditions, Psychosis, Pulmonary diseases, Respiratory diseases, Standard of care, Suicide, Trauma
Download Judgment: English

Giorgini v. Italy

Country: Italy
Year: 2015
Court: The European Court of Human Rights
Citation: Application No. 20034/11
Health Topics: Aging, Chronic and noncommunicable diseases, Hospitals, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Ms. Ebe Gigliola Giorgini, the applicant, is an Italian national who was born in 1933. In 2008, the applicant was convicted by the District Court for a number of different offenses, including criminal association, aggravated fraud, and ill-treatment. In 2010, the applicant underwent a second set of criminal proceedings. On June 9, 2010, the Pistoia …Read more

Tags: Aged persons, Degrading treatment, Detainee, Detention, Elderly, Health facilities, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Older persons, Prison conditions
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

Monim Elgak, Osman Hummeida and Amir Suliman v Sudan

Country: Sudan
Year: 2015
Court: African Commission on Human and Peoples’ Rights
Citation: Communication 379/09
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to liberty and security of person
Facts:

The complainants were human rights activists who were arrested, tortured and ill-treated by the Intelligence Services of Sudan. They were also compelled to leave Sudan. Mr. Suliman’s human rights organization was further shut down by the Sudanese Authorities. During the interrogation, the authorities threatened to kill and rape Mr. Hummeida. He was further denied medical …Read more

Tags: Abuse, Access to health care, Access to treatment, Assault, Bullying, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Heart diseases, Imprisonment, Inhuman treatment, Law enforcement, Torture
Download Judgment: English

Shatrughan Chauhan and another v. Union of India and others

Country: India
Year: 2014
Court: Supreme Court
Citation: Writ Petition 55 of 2013
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to life
Facts:

Fifteen criminal convicts sentenced to the death penalty challenged their sentences as in violation of Article 21 of the Indian Constitution, which protects the right to life. They claimed that the executive orders rejecting their mercy petitions were passed without considering supervening events, including delay, insanity, solitary confinement, and procedural lapses. Two convicts alleged that the …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detainee, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Insanity, Isolation, Jail, Mental competence, Mental disability, Mental disorder, Mental illness, Psychiatry, Psychology, Schizophrenia, Solitary confinement, Torture
Download Judgment: English

Tapela, et al. v. Attorney General, et al.

Country: Botswana
Year: 2014
Court: High Court
Citation: (MAHGB-000057-14), BWHC 1 (2014)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

The applicants, two prisoners with HIV and an interested non-governmental organization, complain that the policy of denying Highly Active Antiretroviral Therapy (“HAART”) to non-citizen inmates is a violation of the rights of such non-citizen prisoners under the Constitution of Botswana. HAART is a drug treatment that helps control HIV mutation and reduces the likelihood of …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, ARVs, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Health expenditures, HIV, HIV positive, Imprisonment, Incarceration, Inhuman treatment, Inmate, People living with HIV/AIDS, PLHIV, TB, Transmission, Tuberculosis
Download Judgment: English

Valetov v. Kazakhstan

Country: Kazakhstan
Year: 2014
Court: United Nations Human Rights Committee
Citation: Communication No. 2104/2011
Health Topics: Health care and health services, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial
Facts:

Nikolai Valetov, a Russian national, was arrested and charged in June 2001 with murder by Kyrgyzstan authorities while living in Kyrgyzstan. In addition to maintaining that he was framed for this crime by the police, Valetov further claimed that he was tortured by the police so severely while in pre-trial detention that he was permanently …Read more

Tags: Abuse, Access to health care, Asylum, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Examination, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Rape, TB, Torture, Tuberculosis
Download Judgment: English

Blessington, et al. v. Australia

Country: Australia
Year: 2014
Court: United Nations Human Rights Committee
Citation: Communication No. 1968/2010; CCPR/C/112/D/1968/2010
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The claimants, who were serving life imprisonment sentences, claimed that the state of Australia had violated articles 7, 10, 15 and 24 of the International Covenant on Civil and Political Rights (“Covenant”), particularly the right to freedom from torture and cruel, inhuman, and/or degrading treatment. The claimants were jointly tried for the murder, abduction, and …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Imprisonment, Incarceration, Inhuman treatment
Download Judgment: English

Tali v. Estonia

Country: Estonia
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 66393/10; [2014] ECHR 294
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Mr. Tali, an Estonian sentenced to life in prison, claimed he was subjected to inhuman and degrading treatment contrary to Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). On July 3 2009, Tali was told he would be taken to a punishment cell. The guards used defensive equipment …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Jail
Download Judgment: English

Chief Executive of the Department of Corrections v. All Means All

Country: New Zealand
Year: 2014
Court: High Court
Citation: [2014] NZHC 1433
Health Topics: Informed consent, Prisons
Human Rights: Right to bodily integrity, Right to life
Facts:

In this case, the Chief Executive of the Department of Corrections (“Department”) and the Canterbury District Health Board (“DHB”) sought a declaration of their rights and duties when providing medical treatment to prisoners. Specifically, they wished to receive a declaration that they have a right to provide medical treatment by way of artificial hydration and …Read more

Tags: Compulsory treatment, Forced treatment, Informed choice, Involuntary treatment, Mandatory treatment, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

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, Right to liberty and security of person
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

Hall v. Florida

Country: United States
Year: 2014
Court: Supreme Court
Citation: 572 U.S. ___ (2014); 134 S.Ct. 1986
Health Topics: Disabilities, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The petitioner and his accomplice kidnapped, beat, raped, and murdered a pregnant woman before driving to a convenience store, which they planned to rob. In the parking lot of the store, they killed a sheriff’s deputy who attempted to apprehend them. The petitioner received the death penalty for both murders. He argued that he could …Read more

Tags: Cruel and unusual punishment, Execution, Mental competence, Mental retardation
Download Judgment: English

Amirov v. Russia

Country: Russia
Year: 2014
Court: The European Court of Human Rights
Citation: [2014] EHCR 51857/13
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health
Facts:

Amirov is a local politician who was arrested and charged in June 2013 with attempted murder, attempting to organize a terrorist attack, and related charges. Amirov was paralyzed in 1993 and requires constant medical care.   Amirov argued that he should not be detained pending trial because of his poor health, age and position in the …Read more

Tags: Access to health care, Access to treatment Health facilities, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diabetes, Handicapped, heart disease neurological diseases, Hepatitis, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Kidney disease, Noncommunicable diseases, Physically challenged, Prison conditions
Download Judgment: English

Mr. X v. Argentina

Country: Argentina
Year: 2014
Court: Committee on the Rights of Persons with Disabilities
Citation: Communication No. 8/2012
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Prisons
Human Rights: Right to liberty and security of person
Facts:

This case involves a claimant that repeatedly requested house arrest due to disability, but was denied house arrest and held in a prison he claims lacks the infrastructure necessary to maintain his right to health and dignity. Claimant was being held in pretrial detention at a prison complex. With authorization of the court, he underwent …Read more

Tags: Access to health care, Access to treatment, Disabled, Emergency care, Examination, Imprisonment, Inhuman treatment, Neurological diseases, Physically challenged, Prison conditions
Download Judgment: English

Dlamini v. Rex

Country: Swaziland
Year: 2013
Court: Supreme Court
Citation: [2013] SZHC 2
Health Topics: Chronic and noncommunicable diseases, Health information, Infectious diseases, Prisons
Facts:

Appellants were appealing the denial of bail after being charged with armed robbery using firearms, attempted murder and violating a drug law. The first appellant contended that he suffered from pneumonia and frequent sinus problems that required high levels of ventilation and protection from colds, which would not be provided when in custody. Both appellants …Read more

Tags: Custody, Detainee, Detention, Health records, Medical records, Pneumonia, Prison conditions, Respiratory diseases
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

Salakhov and Islyamova v. Ukraine

Country: Ukraine
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Medical malpractice, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more

Tags: Access to health care, Access to treatment, AIDS, Custody, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health records, HIV, HIV positive, HIV status, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, People living with HIV/AIDS, Police, Public hospitals, Remedies, Standard of care, Testing, Trauma
Download Judgment: English

Lohé Issa Konaté v. Burkina Faso

Country: Burkina Faso
Year: 2013
Court: African Court on Human and Peoples' Rights (Cour Africaine des droits de l’homme et des peoples)
Citation: Application No. 004/2013
Health Topics: Health care and health services, Prisons
Human Rights: Freedom of expression, Right to health
Facts:

Lohé Issa Konaté alleged that his criminal conviction in Burkina Faso for libel was a violation of his right to freedom of expression, contrary to Article 9 of the African Charter on Human and Peoples’ Rights (“Charter”) and Article 19 of the International Covenant on Civil and Political Rights (“ICCPR”). At the High Court, Konaté …Read more

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