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291 judgments found.


Kanana Tshiongo a Minanga v. Zaire

Country: Congo, DRC
Year: 1993
Court: United Nations Human Rights Committee
Citation: Communication No. 366/1989
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

Kanana Tshiongo A Minanga (K), a founder of a political party opposed to the governing regime of President Mobutu, complained that he was taken by members of the Zairian defense forces to the headquarters of the political police supposedly to meet the director and then held overnight without any reason being given. While there, he …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Detainee, Detention, Humiliating treatment, Inhuman treatment, Torture
Download Judgment: English

Riggins v. Nevada

Country: United States
Year: 1992
Court: Supreme Court
Citation: 504 U.S. 127 (1992)
Health Topics: Informed consent, Mental health, Prisons
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

The petitioner, David Riggins, challenged his criminal convictions on the basis that his liberty and right to due process of the law, as protected by the Sixth and Fourteenth Amendments of the U.S. Constitution, were violated when the State of Nevada forcibly administered him with an antipsychotic drug during his trial. In November 1987, Riggins …Read more

Tags: Detainee, Forced treatment, Incompetence, Involuntary treatment, Mandatory treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Psychiatry, Psychosis
Download Judgment: English

Herczegfalvy v. Austria

Country: Austria
Year: 1992
Court: European Commission on Human Rights
Citation: App. No. 10533/83, Eur. Ct. H.R. 58 (1992).
Health Topics: Diet and nutrition, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to family life, Right to liberty and security of person
Facts:

Applicant, a Hungarian national, served a prison sentence during which he assaulted prison officers, other detainees and threatened judges. He served a six-month pre-detention period in a facility for mentally ill offenders where he remained until his conditional release. He claims that his rights pursuant to Article 5 of the European Convention of Human Rights …Read more

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hunger strike, Imprisonment, Incarceration, Incompetence, Inhuman treatment, Inmate, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Starvation, Torture
Download Judgment: English

Harris v. Thigpen

Country: United States
Year: 1991
Court: 11th Circuit Court of Appeal
Citation: 941 F.2d 1495 (1991)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Appellants brought this challenge to the constitutionality of an Alabama statute which authorized the Alabama Department of Correction’s (DOC) policy of mandatory testing of all present and future Alabama state prisoners for HIV antibodies, as well as the forced segregation of HIV-positive inmates. Two classes were involved in the action: the Appellant class, which …Read more

Tags: Access to health care, Access to treatment, AIDS, Compulsory testing, Confidentiality, Cruel and unusual punishment, Detention, Disclosure, Health information, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Involuntary testing, Jail, Mandatory testing, Medical records, Non-consensual testing and treatment, Non-disclosure, People living with HIV/AIDS, PLHIV, Primary care, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

Cruz Varas and Ors v. Sweden

Country: Sweden
Year: 1991
Court: European Court of Human Rights
Citation: Application No. 15576/89
Health Topics: Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life
Facts:

Cruz Varas (C V) , his wife and son (all Chilean nationals) had applied for political asylum but the National Immigration Board held that, from the information given, they had not invoked sufficiently strong reasons to be considered as refugees under national or international law and that they should be expelled. In an unsuccessful appeal …Read more

Tags: Abuse, Assault, Asylum, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Immigration, Inhuman treatment, Mental disorder, Migrants, Police, Rape, Refugees, Sexual violence, Torture
Download Judgment: English French

R v Swain

Country: Canada
Year: 1991
Court: Supreme Court of Canada
Citation: [1991] 1 RCS
Health Topics: Mental health, Prisons, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Swain was arrested and charged with assault and aggravated assault. Due to his bizarre conduct during the incident and at the time of his arrest, Swain was transferred from jail to a mental health centre before trial. His condition improved with medication, and he was conditionally released into the community before trial. Swain continued to …Read more

Tags: Assault, Compulsory commitment, Compulsory confinement, Custody, Detention, Domestic abuse, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology, Psychosis, Threat of violence, Violence against women
Download Judgment: English

Kindler v. Canada (Minister of Justice)

Country: Canada
Year: 1991
Court: Supreme Court of Canada
Citation: File No. 21321
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

On November 15 1983, the appellant (Kindler) was found guilty of first degree murder, conspiracy to commit murder and kidnapping in the State of Pennsylvania. Following his conviction, the jury heard further evidence and recommended the imposition of the death penalty. Before the formal imposition of the sentence, Kindler escaped from prison and fled to …Read more

Tags: due process, right to dignity, Right to Life
Download Judgment: English

Soering v. United Kingdom

Country: United Kingdom
Year: 1989
Court: European Court of Human Rights
Citation: 161 Eur. Ct. H.R. (ser. A) (1989)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

Jens Soering was a German national who came to the United States to study at the University of Virginia. While there, he became friends with Elizabeth Haysom, a Canadian national.  Haysom’s parents did not approve of Soering and Haysom’s relationship.  In March 1985 the couple made plans to kill Haysom’s parents.  They rented a car …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Inhuman treatment, Law enforcement, Mental disorder, Mental illness, Torture
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Velasquez Rodriguez v. Honduras

Country: Honduras
Year: 1988
Court: Inter-American Court of Human Rights
Citation: Series C No. 4, July 29 1989
Health Topics: Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

This case considered the practice of “forced disappearances” by the Government of Honduras, which included secret surveillance, kidnapping and executions. The Court found as proved that “[d]uring the period 1981 to 1984, 100 to 150 persons disappeared in the Republic of Honduras, and many were never heard from again.” It recognized patterns in these disappearances …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Detention, Execution, Forced disappearance, Humiliating treatment, Inhuman treatment, Military, Police, Torture
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Ford v. Wainwright

Country: United States
Year: 1986
Court: Supreme Court
Citation: 477 U.S. 399 (1986)
Health Topics: 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, Right to life
Facts:

The Appellant, Ford, was convicted of murder in a Florida state court and sentenced to death in 1974. There was no suggestion that he was incompetent at the time of the offense, at trial, or at sentencing. However in 1982, Ford began to manifest gradual changes in behavior, which, based on a psychiatric examination, indicated …Read more

Tags: Cruel and unusual punishment, Detention, Execution, Imprisonment, Incarceration, Incompetence, Inmate, Insanity, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Torture
Download Judgment: English

Velasquez Rodriguez v. Honduras

Country: Honduras
Year: 1986
Court: Inter-American Commission on Human Rights
Citation: Resolution No. 22/86, Case 7920, April 18, 1986, OEA/Ser.L/V/II.68 Doc. 8 rev. 1, 26 September 1986
Health Topics: Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Angel Manfredo Velasquez Rodriguez (“AMVR”), a UNAH student, was arrested without warrant in Tegucigalpa on September 12, 1981. Eyewitnesses saw members of the National Investigation Directorate and G-2 (Intelligence) of the Armed Forces of Honduras apprehend and take AMVR to an unknown location. On September 9, 1981, the Government of Honduras recognized the jurisdiction of …Read more

Tags: Armed conflict, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Forced disappearance, Humiliating treatment, Inhuman treatment, Military, Militias, Police, Torture
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Ashingdane v. The United Kingdom

Country: United Kingdom
Year: 1985
Court: The European Court of Human Rights
Citation: CASE OF ASHINGDANE v. THE UNITED KINGDOM
Health Topics: Health care and health services, Hospitals, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant was a British national who had been convicted of dangerous driving and unlawful possession of firearms. Because he suffered from mental illness, the court ordered his detention in a psychiatric hospital with out a time limit for his discharge. The applicant attempted to abscond from the psychiatric hospital twice, as a result of …Read more

Download Judgment: English

Youngberg v. Romeo

Country: United States
Year: 1982
Court: Supreme Court
Citation: 457 U.S. 307 (1982)
Health Topics: Disabilities, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person
Facts:

Respondent, Romeo, a severely mentally retarded adult male, was involuntarily committed to the Pennhurst State School and Hospital (Pennhurst), pursuant to the applicable involuntary commitment provision of the Pennsylvania Mental Health and Mental Retardation Act. While at Pennhurst, Respondent was injured on several occasions through his own violence and the reaction of other residents. He …Read more

Tags: Access to treatment, Compulsory commitment, Compulsory confinement, Cruel and unusual punishment, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Torture
Download Judgment: English

X v. The United Kingdom

Country: United Kingdom
Year: 1981
Court: European Court of Human Rights
Citation: App. No. 7215/75, 4 Eur. H.R. Rep. 188 (1982).
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 health, Right to liberty and security of person
Facts:

The applicant, a United Kingdom national who had previously been diagnosed with having a paranoid psychosis, claimed that the United Kingdom unlawfully deprived him of his liberty when authorities forcibly recalled him to a hospital for the criminally insane in which he had completed a prior sentence for a violent crime. At the time of …Read more

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Imprisonment, Incarceration, Inhuman treatment, Inmate, Involuntary commitment, Involuntary confinement, Jail, Mandatory confinement, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Psychology, Schizophrenia, Torture
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Ramos v. Lamm

Country: United States
Year: 1980
Court: 10th Circuit Court of Appeal
Citation: 639 F.2d 559 (1980)
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Right of access to information, Right to due process/fair trial, Right to family life, Right to food, Right to health, Right to privacy
Facts:

This case was an appeal by the State of Colorado (“Colorado”) and Colorado prison officials, challenging an order from the Colorado Federal District Court directing the State of Colorado to close the maximum security unit of the Colorado State Penitentiary at Canon City (“Old Max”). Inmate Fidel Ramos filed a complaint alleging that the conditions …Read more

Tags: Access to health care, Access to treatment, Assault, Budget, Cruel and unusual punishment, Cruel treatment, Emergency care, Food, Food safety, Garbage, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health spending, Imprisonment, Inappropriate treatment, Incarceration, Inhuman treatment, Inmate, Jail, Mental disorder, Mental illness, Misdiagnosis, Prison conditions, Psychiatry, Psychology, Sewage, Trash, Waste, Waste management
Download Judgment: English

Estelle v. Gamble

Country: United States
Year: 1976
Court: Supreme Court
Citation: 429 U.S. 97 (1976)
Health Topics: Health care and health services, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The Respondent, Gamble, an inmate in a state correctional facility, brought suit challenging the actions of the appellants, medical personnel at the facility, claiming they had subjected him to cruel and unusual punishment for inadequate treatment of a back injury suffered while he was undertaking prison work. After sustaining the injury, Gamble was seen by …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Cruel and unusual punishment, Detention, Imprisonment, Incarceration, Inmate, Jail, Secondary care, Torture
Download Judgment: English

Gregg v. Georgia

Country: United States
Year: 1976
Court: Supreme Court
Citation: 428 U.S. 153; 96 S. Ct. 2009
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The petitioner was charged with committing armed robbery and murder. The jury found the petitioner guilty of two counts of armed robbery and two counts of murder, and subsequently returned a sentence of death on each count, finding aggravating conditions present (that the murder offenses were committed while the defendant was engaged in the commission …Read more

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

Furman v. Georgia

Country: United States
Year: 1972
Court: Supreme Court
Citation: 408 U.S. 238
Health Topics: Prisons, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The Court considered three cases together that involved individuals sentenced to death. One case involved a black man who was convicted of murdering a homeowner during an attempted burglary. He was committed to a psychiatric hospital after arrest and diagnosed as suffering from mild to moderate mental impairments with psychotic episodes, but was later found …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Incarceration, Inhuman treatment, Inmate, Rape, Sexual violence, Torture
Download Judgment: English

X. v. Ireland

Country: Ireland
Year: 1970
Court: European Commission on Human Rights
Citation: Application No. 3717/68
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

Applicant, a stateless person with a Swedish alien’s passport, was arrested in Scotland on suspicion of committing murder in Ireland. Applicant was taken to Ireland, convicted of murder, and sentenced to penal servitude for life. Applicant claimed that his trial was “rigged and fixed” as a result of a conspiracy between the judge, his own …Read more

Tags: Abuse, Access to treatment, Custody, Diet, Food, Hunger strike, Imprisonment, Inadequate treatment, Incarceration, Inmate, Jail, Migrants, Prison conditions, Skin disease
Download Judgment: English

Francisco C. De La Rama v. The People’s Court

Country: Philippines
Year: 1946
Court: Supreme Court
Citation: G.R. No. L-982
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Right to liberty and security of person
Facts:

The Petitioner was an accused seeking bail on the grounds of ill health. In the meantime, he had filed a motion asking for permission to be confined and treated in a hospital while the bail petition was being considered. The People’s Court ordered that the Petitioner be temporarily confined and treated in the Quezon Institute, …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Custody, Detainee, Detention, Diagnostics, Examination, Imprisonment, Incarceration, Indigent, Inmate, Low income, Lung disease, Poor, TB, Testing, Tuberculosis
Download Judgment: English

Skinner v. Oklahoma

Country: United States
Year: 1942
Court: Supreme Court
Citation: 316 U.S. 535 (1942)
Health Topics: Informed consent, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to liberty and security of person
Facts:

Petitioner brought a constitutional challenge to provisions of Oklahoma’s Habitual Criminal Sterilization Act of 1935 (the Act), which permitted sentences of compulsory sterilization for “habitual offenders” in crimes involving “moral turpitude.”  Pursuant to section 195 of the Act, the same sentence did not extend to white-collar crimes, defined as those “offenses arising out of the …Read more

Tags: Compulsory treatment, Detention, Forced treatment, Imprisonment, Incarceration, Inmate, Involuntary treatment, Jail, Non-consensual testing and treatment, Sterilization
Download Judgment: English