Loading, please wait...
291 judgments found.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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