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291 judgments found.


Centre for Addiction and Mental Health v. Ontario

Country: Canada
Year: 2012
Court: Ontario Court of Appeal
Citation: 2012 ONCA 342
Health Topics: Hospitals, Informed consent, Mental health, Prisons
Human Rights: Right to liberty and security of person
Facts:

The Centre for Addition and Mental Health (CAMH) and the Mental Health Centre Penetanguichene (MHCP)appealed an order by the Mental Disorder Court to send a person accused of sexual assault to a hospital for psychiatric treatment. The judge knew that beds for treatment would not be available until six days later. The appeal was on …Read more

Tags: care, Compulsory commitment, Compulsory confinement, Compulsory treatment, Criminalization, Custody, Depression, Detainee, Detention, Harm reduction, Health care professionals, Health facilities, Imprisonment, Incapacity, Incompetence, Inmate, Involuntary confinement, Involuntary treatment, Jail, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Prison conditions, Private hospitals, Psychiatry, Psychology, Public hospitals
Download Judgment: English

Koryak v. Russia

Country: Russia
Year: 2012
Court: The European Court of Human Rights
Citation: Application number 24677/10
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, 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 applicant was arrested and convicted of murder. The applicant alleged that he had not received proper medical attention while in detention and his detention and refusal to release despite his serious medical condition amounted to cruel treatment. He was sentenced to ten years of imprisonment in 2004. The applicant had been suffering from Tuberculosis …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Health facilities, HIV, HIV positive, HIV status, Imprisonment, Inhuman treatment, Inmate, Jail, Lung disease, People living with HIV/AIDS, PLHIV, Prison conditions, TB, Tuberculosis
Download Judgment: English

Epners-Gefners v. Latvia

Country: Latvia
Year: 2012
Court: The European Court of Human Rights
Citation: Application no. 37862/02
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life
Facts:

The applicant was arrested as he was suspected of committing aggravated robbery and thereafter convicted and sentenced to 6 years of imprisonment. The Criminal Chamber of the Supreme Court upheld the decision of the first instance court. The Senate of the Supreme Court further dismissed the appeal of the applicant. The Jelgava Court ordered his …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Imprisonment, Inhuman treatment
Download Judgment: English

Vladimir Vasilyev v. Russia

Country: Russia
Year: 2012
Court: European Court of Human Rights
Citation: Application no. 28370/05
Health Topics: Diet and nutrition, Disabilities, Health care and health services, Medical malpractice, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
Facts:

The applicant Mr Vladimir Aleksandrovich Vasilyev, a Russian national was born in1953. In 1996 he was arrested for attempted rape and several counts of murder. Later in December, 1997 he was convicted of rape and murder and was sentenced to death by the Supreme Court of the Komi Republic. In 1999 the President of Russia …Read more

Tags: Medical malpractice
Download Judgment: English

Valeriy Samoylov v. Russia

Country: Russia
Year: 2012
Court: The European Court of Human Rights
Citation: CASE OF VALERIY SAMOYLOV v. RUSSIA
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

The applicant was a Russian national who had been convicted of large scale embezzlement in an organized criminal group and abuse of power. After the investigation in to the crime began, an order by the investigator prohibited the applicant from leaving town and behave good as he had failed to comply with summons for interviews …Read more

Download Judgment: English

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

Download Judgment: English

Application of Justice Health, re a Patient

Country: Australia
Year: 2011
Court: Supreme Court of New South Wales
Citation: (2011) 80 NSWLR 354; [2011] NSWSC 432
Health Topics: Chronic and noncommunicable diseases, Informed consent, Prisons
Human Rights: Right to bodily integrity, Right to health
Facts:

An inmate in a correction centre (the “patient”) had end-stage lung cancer with, at best, weeks to live. The patient was incompetent to give consent or refuse any medical treatment and had no guardian who could provide substituted consent. The unanimous medical opinion was that further active treatment would be futile, and additional medical opinion …Read more

Tags: Cancer, Custody, Detainee, Detention, Imprisonment, Incarceration, Informed choice, Inmate, Involuntary treatment, Jail, Non-consensual testing and treatment, Noncommunicable diseases, Patient choice, Unauthorized treatment
Download Judgment: English

Brown v. Plata

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 1910 (2011)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Infectious diseases, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

This case involved an appeal from a decision made by a three-judge court that was convened by the Federal District Court to decide the appropriate remedy for violations of the Eighth Amendment to the United States Constitution. The violations were the subject of two related Federal District Court cases in California: Coleman v. Brown (1990) …Read more

Tags: Access to health care, Access to treatment, Budget, Cleanliness, Cruel and unusual punishment, Custody, Depression, Detainee, Detention, Diabetes, Health care professionals, Health care workers, Health facilities, Heart disease, Imprisonment, Incarceration, Inmate, Jail, Kidney disease, Mental disorder, Mental illness, Noncommunicable diseases, Prison conditions, Psychiatry, Psychology, Psychosis, Suicide, Waste
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
Download Judgment: English

Elefteriadis v. Romania

Country: Romania
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 38427/05
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Applicant, Mr. Elefteriadis, alleged that he was exposed to second-hand smoke in crowded cells during several periods of detention, as well as in transport vehicles during frequent transfers between prison and court and in designated rooms for prisoners awaiting hearings. The applicant claimed such situations contravened Article 3 (freedom from inhuman and degrading treatment) of …Read more

Tags: Access to health care, Access to treatment, Cancer, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Lung disease, Noncommunicable diseases, Passive smoking, Prison conditions, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking
Download Judgment: French

Khatayev v. Russia

Country: Russia
Year: 2011
Court: European Court of Human Rights
Citation: App. No 56994/09, Eur. Ct. H.R. (2011).
Health Topics: Health care and health services, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant, a Russian citizen who was diagnosed with pulmonary tuberculosis and tuberculosis papillitis of the kidneys, was transferred to a special “medical colony” to serve a prison sentence of two years and six months for an aggravated robbery conviction. Upon his arrival, the facility provided a new complex prophylactic examination by a tuberculosis specialist …Read more

Tags: Abuse, Access to health care, Access to treatment, Assault, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions, Solitary confinement, TB, Tuberculosis
Download Judgment: English

M.S.S. v. Belgium and Greece

Country: Greece
Year: 2011
Court: European Court of Human Rights
Citation: M.S.S. v. Belg. & Greece, App. No. 30696/09, Eur. Ct. H.R. (2011).
Health Topics: Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

The applicant is an Afghan male who in early 2008 fled war-stricken Kabul, where he claimed to have feared for his life as a result of his service as a translator for international air force troops based in that city. The applicant first entered Greece, where Greek authorities entered his fingerprints into the common European …Read more

Tags: Assault, Asylum, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inmate, Prison conditions, Refugees
Download Judgment: English French

Inga Abramova v. Belarus

Country: Belarus
Year: 2011
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 23/2009; CEDAW/C/4 9/D/23/20 09
Health Topics: Prisons, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment
Facts:

IA was a journalist and activist for the ‘For Freedom’ movement. On 10 October 2007 IA was hanging blue ribbons in Brest, Belarus in order to draw public attention to the ‘European March’ campaign. IA was arrested by a police officer and taken to the Interior Department of Lenin District of Brest City. IA was …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Inhuman treatment, Prison conditions, Violence against women
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

Kharchenko v. Ukraine

Country: Ukraine
Year: 2011
Court: European Court of Human Rights
Citation: Application no. 40107/02
Health Topics: Chronic and noncommunicable diseases, 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 health, Right to liberty and security of person
Facts:

K was named as a witness in a case brought against a company involving embezzlement. During the investigation, the prosecutor brought criminal charges against K for his suspected involvement in the embezzlement, and on 7 April 2001, K was detained by the authorities pursuant to the prosecutor’s order. The detention, based on a request of …Read more

Tags: Access to health care, Cruel and unusual punishment, Custody, Detainee, Detention, Heart disease, Jail, Prison conditions
Download Judgment: English Russian

Turdukan Zhumbaeva v. Kyrgyzstan

Country: Kyrgyzstan
Year: 2011
Court: United Nations Human Rights Committee
Citation: Communication No. 1756/2008
Health Topics: Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

On 24 October 2004, TM and his wife were in custody at the local police station on a public disturbance charge following an argument in the street. While in police custody, TM died, and there was a dispute of fact as to how his death occurred. The ambulance doctor who attended the scene testified that …Read more

Tags: Abuse, Assault, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Inhuman treatment, Jail, Law enforcement, Police, Suicide, 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

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

Hadzic and Suljic v. Bosnia and Herzegovina

Country: Bosnia-Herzegovina
Year: 2011
Court: European Court of Human Rights
Citation: Application Nos. 39446/06 and 33849/08
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

Mr. Hadzic and Mr. Suljic were detained in the Psychiatric Annex of Zenica Prison. Each claimed that their detention was unlawful under Article 5, section 1 of the European Convention on Human Rights (“Convention”), which protects the right to liberty and security of person They argued that the Annex was not an appropriate institution for …Read more

Tags: Compulsory confinement, Custody, Detainee, Detention, Imprisonment, Incarceration, Inmate, Involuntary confinement, Jail, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Prison conditions, Seclusion
Download Judgment: English

Kinsella v. Governor of Mountjoy Prison

Country: Ireland
Year: 2011
Court: [2011] IEHC 235
Citation: [2011] IEHC 235
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

Kinsella, a prisoner in an Irish prison who alleged that his constitutional rights were violated by being placed in unlawful and inhuman prison conditions. While awaiting sentencing for a theft charge, Mr. Kinsella was a remand prisoner at Cloverhill Prison, where he shared a cell with three other prisoners in humane conditions. But after his …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detention, Humiliating treatment, Incarceration, Inhuman treatment, Inmate, Prison conditions, Solitary confinement
Download Judgment: English

Eastman v. Chief Executive of the Department of Justice and Community Safety

Country: Australia
Year: 2011
Court: The Supreme Court of the Australian Capital Territory
Citation: [2011] ACTSC 33
Health Topics: Chronic and noncommunicable diseases, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to liberty and security of person
Facts:

The plaintiff in this case was convicted of murder and sentenced to life imprisonment. He was transferred to the Alexander Maconochie Centre (AMC) to serve his sentence. His concern with the centre was three fold. First he wanted an order preventing two officers at the AMC from dealing with him as their treatment (usage of …Read more

Tags: Asthma, Degrading treatment, Humiliating treatment, Imprisonment, Passive smoking, Prison conditions, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking
Download Judgment: English

Brown, Governor of California, et al. v. Plata et al.

Country: United States
Year: 2011
Court: Supreme Court of the United States
Citation: BROWN, GOVERNOR OF CALIFORNIA, ET AL. v. PLATA ET AL.
Health Topics: Health care and health services, Mental health, Prisons, Public safety
Human Rights: Right to health
Facts:

This case was about California’s prisons which at the time housed 156,000 prisoners, two fold of the number they were designed to house. The plaintiffs previously had brought two separate Federal actions. In 1990, one of the district courts had decided that mentally ill prisoners received inadequate medical care; in 2001, the other district court …Read more

Download Judgment: English

LOGVINENKO v. UKRAINE

Country: Ukraine
Year: 2011
Court: The European Court of Human Rights
Citation: CASE OF LOGVINENKO v. UKRAINE
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

The applicant was a Ukrainian national and lodged his claim to the European Court of Human Rights (the ECHR) on grounds that he had been subjected to inhuman and degrading treatment in violation of Article 3 of the European Convention on Human Rights (the Convention) due to the conditions of his detention in prison; lack …Read more

Download Judgment: English

Kozhokar v. Russia

Country: Russia
Year: 2011
Court: The European Court of Human Rights
Citation: CASE OF KOZHOKAR v. RUSSIA
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The applicant was a Russian national who was convicted of drug trafficking and was serving his sentence in prison in Russia. The applicant complained to the European Court of Human Rights (the ECHR) about the conditions of his detention in the cells he had been imprisoned in, and that an effective domestic remedy hadn’t been …Read more

Download Judgment: English

Vasyukov v. Russia

Country: Russia
Year: 2011
Court: The European Court of Human Rights
Citation: CASE OF VASYUKOV v. RUSSIA
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The applicant was Russian who was sentenced to 12 years of imprisonment in 1997. The government submitted that the applicant had undergone chest fluorography examination twice a year except for the year 2000 and 2001. There had not been a sign of Tuberculosis (TB) from the first examination in 1997. His medical records from 1998 …Read more

Download Judgment: English

A.B. v. RUSSIA

Country: Russia
Year: 2011
Court: The European Court of Human Rights
Citation: CASE OF A.B. v. RUSSIA
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, 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 applicant was a Russian national who was detained in a remand prison starting in May 2004 due to criminal charges of attempted swindling. His detention  had been prolonged a number of times upon prosecution’s request and he hadn’t been released on grounds that the offense was serious and he could abscond, engage in further …Read more

Download Judgment: English

Carl Peter Erdliner v. Government of Rwanda

Country: Rwanda
Year: 2010
Court: High Court at Kigali
Citation: Case N° RPA 0646/10/HC/KIG
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Mental health, Prisons
Human Rights: Freedom of expression, Right to due process/fair trial, Right to health
Facts:

The appellant brought this appeal of a decision by the GASABO Intermediate Court that ordered his pre-trial detention for thirty days. The appellant appealed on multiple procedural grounds and also alleged that the lower court failed to properly appreciate the impact of his medical condition in determining whether pre-trial detention was appropriate. The Prosecution alleged …Read more

Tags: Access to treatment, Custody, Depression, Detainee, Detention, Heart disease, Incapacity, Jail, Mental disorder, Mental illness, Noncommunicable diseases
Download Judgment: English

Prosecutor v. Stanišić and Simatović (Decision on Urgent Stanišić Defence Motion For Provisional Release)

Country:
Year: 2010
Court: International Criminal Tribunal for the former Yugoslavia
Citation: Case number IT-03-69-T
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Prisons
Human Rights: Right to due process/fair trial
Facts:

The accused Jovica Stanišić was standing trial and sought provisional release during the summer recess to be with his family. However, he had an unpredictable health condition with a constant risk of deterioration.  He suffered from two periods of kidney stone difficulties, with one of the medications causing a severe allergic reaction and increasing symptoms …Read more

Tags: Access to treatment, Custody, Detention, Health facilities, Kidney disease
Download Judgment: English

Seaton v. Mayberg

Country: United States
Year: 2010
Court: 9th Circuit Court of Appeal
Citation: 610 F.3d 530 (2010)
Health Topics: Health information, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The Appellant, Seaton, an inmate, brought suit against the director of the California Department of Mental Health, the administrator of a state hospital, and two psychologists, alleging that they violated his constitutional right to privacy when they examined and communicated their opinions about his medical records to the district attorney’s office in the period before …Read more

Tags: Compulsory commitment, Confidentiality, Detention, Disclosure, Health data, Health information, Imprisonment, Incarceration, Inmate, Involuntary commitment, Involuntary confinement, Mandatory commitment, Medical records, Mental disability, Mental disorder, Mental illness, Mental institution, Non-disclosure, Psychiatry, Psychology, Torture
Download Judgment: English

Case 2009-69-03

Country: Latvia
Year: 2010
Court: Constitutional Court (Latvijas Republikas Satversmes tiesa)
Citation: Case No. 2009-69-03
Health Topics: Diet and nutrition, Prisons
Human Rights: Right to health
Facts:

The claimants, two prisoners, alleged a violation of their constitutional rights under Article 111 of the Constitution of the Republic of Latvia (the “Constitution”) based on the failure of the Government to provide adequate diet and nutrition to protect their right to health. In 2006, the Cabinet of Ministers of the Republic of Latvia (the …Read more

Tags: Custody, Detainee, Detention, Diet, Food, Imprisonment, Incarceration, Inmate, Jail, Malnutrition, Prison conditions
Download Judgment: English Latvian