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162 judgments found.
Country:
United Kingdom Year: 2005
Court: House of Lords
Citation: [2005] UKHL 23
Health Topics:
Child and adolescent health,
Medical malpractice,
Mental health,
Violence Human Rights: Right to due process/fair trial Facts: JD and MAK, parents of children with severe medical conditions, were wrongly suspected of child abuse through the misdiagnosis of their children by doctors. The ensuing investigation was conducted negligently. Each parent in consequence suffered psychiatric disorder and their family life was disrupted and they issued proceedings against the respective health authorities and individual doctors …Read more
Tags: Children,
Domestic abuse,
Duty of care,
Negligence,
Pediatric health,
Psychiatry,
Psychology,
Tort
Country:
United Kingdom Year: 2005
Court: Asylum and Immigration Tribunal
Citation: [2005] UKAIT 00168
Health Topics:
HIV/AIDS,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence Facts: DW was a Jamaican citizen who sought asylum in the United Kingdom. He claimed to have been persecuted in Jamaica on the basis of his sexual orientation. He recounted two instances of being assaulted on the basis of being a homosexual. DW feared reporting these incidences to the police because he believed that they would …Read more
Tags: Assault,
Asylum,
Degrading treatment,
Gay,
HIV,
Homosexual,
Immigration,
Inhuman treatment,
Law enforcement,
LGBTI,
Migrants,
Police,
Queer,
Refugees,
Sexual orientation,
Sexually transmitted diseases,
Sexually transmitted infections,
Sodomy,
STDs,
STIs
Country:
Suriname Year: 2005
Court: Inter-American Court of Human Rights
Citation: Moiwana Community v. Surin., Preliminary Objections, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 124 (June 15, 2005).
Health Topics:
Disasters and emergencies,
Poverty,
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 property Facts: The village of Moiwana, consisting of N’djuka people of African descent, was attacked in November 1986 by members of the armed forces of Suriname, who allegedly massacred 40 men, women and children, and “razed the village to the ground.” Members of Moiwana practiced hunting, farming, and fishing as their means of subsistence. Following the massacre, …Read more
Tags: Armed conflict,
Assault,
Forced displacement,
Humanitarian crisis,
Indigent,
Law enforcement,
Low income,
Military,
Militias,
Police,
Poor,
Refugees,
Underprivileged
Country:
Colombia Year: 2005
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Tercera de Revisión, Mayo 2, 2005, M.P.: Manuel Jose Cepeda Espinosa, Sentencia T-453/05 (Colom.).
Health Topics:
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to due process/fair trial,
Right to privacy Facts: A woman filed a tutela action (appeal for legal protection), claiming that a criminal court violated the Criminal Procedures Code when it ordered and examined evidence requested by the defense in a trial where she was a rape victim. The request for evidence included documents on her behavior and several witnesses to testify about her …Read more
Tags: Molestation,
Rape,
Sexual abuse,
Sexual assault,
Sexual violence,
Violence against women
Country:
Suriname Year: 2005
Court: Inter-American Court of Human Rights
Citation: Moiwana Community v. Surin., Preliminary Objections, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 124 (June 15, 2005).
Health Topics:
Disasters and emergencies,
Mental health,
Poverty,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Right to bodily integrity,
Right to due process/fair trial,
Right to property Facts: The village of Moiwana, consisting of N’djuka people of African descent, was attacked in November 1986 by members of the armed forces of Suriname, who allegedly massacred 40 men, women and children, and “razed the village to the ground.” Members of Moiwana practiced hunting, farming, and fishing as their means of subsistence. Following the massacre, …Read more
Tags: Armed conflict,
Assault,
Forced displacement,
Humanitarian crisis,
Indigent,
Law enforcement,
Low income,
Military,
Militias,
Police,
Poor,
Refugees,
Underprivileged
Country:
Hungary Year: 2005
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 2/2003, UN Doc. CEDAW/C/32/D/2/2003 (26 January 2005).
Health Topics:
Mental health,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to liberty and security of person,
Right to life Facts: A. T., a Hungarian national, was subjected to severe physical abuse at the hands of her common law husband, L. F., on many occasions over a period of approximately four years. A. T. sought medical attention as a result of ten of these batteries. Despite A. T.’s attempts to protect herself by denying L. F. …Read more
Tags: Domestic abuse,
Domestic violence,
Sexual abuse,
Sexual assault,
Sexual violence,
Violence against women
Country:
Turkey Year: 2005
Court: European Court of Human Rights
Citation: App. No. 25660/94, 42 Eur. H.R. Rep. 44 (2006).
Health Topics:
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life Facts: Applicant, a Turkish national and her husband, Nacati Aydın were detained by the Turkish police. She suffered degrading treatment whilst her husband was subjected to torture. Her husband was subsequently brought before a judge who ordered his release, however, he never physically came out of the court room and was later found tied up and …Read more
Tags: Degrading treatment,
Execution,
Inhuman treatment,
Torture
Country:
Greece Year: 2005
Court: European Court of Human Rights
Citation: Application no. 15250/02
Health Topics:
Prisons,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment Facts: On 8 May 1998, the applicants, who were Greek nationals of Roma origin, were arrested by three police officers for the attempted burglary of a kiosk. The applicants claimed that they were physically abused while being interrogated in custody and could hear each other screaming; they also claimed that they were threatened with sexual assault …Read more
Tags: Assault,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Humiliating treatment,
Law enforcement,
Police,
Sexual assault
Country:
Australia Year: 2004
Court: Federal Court of Australia
Citation: (2004) 143 FCR 162; (2004) 213 ALR 479; [2004] FCAFC 334
Health Topics:
HIV/AIDS,
Infectious diseases,
Prisons,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial Facts: The Appellant, De Bruyn, was a citizen of South Africa. The Respondent, the Minister of Justice and Customs (the Minister), ordered the Appellant to be surrendered to South Africa for an extradition offense. The Appellant was to be charged in South Africa with defrauding the First National Bank of South Africa. The Treaty on Extradition …Read more
Tags: AIDS,
Cruel and unusual punishment,
Cruel treatment,
Detention,
HIV,
Imprisonment,
Incarceration,
Inhuman treatment,
Jail,
Law enforcement,
Most-at-risk,
Rape,
Sexual abuse,
Sexual assault,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Torture,
Transmission
Country:
United Kingdom Year: 2004
Court: Immigration Appeal Tribunal
Citation: [2004] UKIAT 00328
Health Topics:
Health care and health services,
Mental health,
Poverty,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Right to family life Facts: An Afghani woman (appellant) seeks asylum in the United Kingdom. The Appellant and her husband lived and worked in Kabul, Afghanistan with their three young children. After war broke out in 1992 and the destruction of the family home, the Appellant and her family left Kabul and moved to Takhar, a town in northern Afghanistan …Read more
Tags: Access to health care,
Access to treatment,
Assault,
Asylum,
Indigent,
Low income,
Mental illness,
Poor,
Rape,
Refugees,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Suicide,
Violence against women
Country:
Guinea Year: 2004
Court: African Commission on Human and Peoples' Rights
Citation: Inst. for H.R. & Dev. in Afr. v. Guinea, Afr. Comm’n Human & Peoples’ Rights, Comm. No. 249/02 (2004).
Health Topics:
Disasters and emergencies,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to life,
Right to property Facts: A human rights organization acting on behalf of Sierra Leonean refugees alleged that a national radio address of Guinean President Lasana Conté directing Guinean authorities to arrest, search and confine Sierra Leonean refugees to refugee camps incited soldiers and civilians to engage in attacks that violated provisions of the African Charter on Human and Peoples’ …Read more
Tags: Armed conflict,
Assault,
Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Forced displacement,
Humanitarian crisis,
Humiliating treatment,
Inhuman treatment,
Military,
Rape,
Refugees,
Sexual abuse,
Sexual assault,
Sexual violence,
Torture,
Violence against women
Country:
United Kingdom Year: 2004
Court: Supreme Court of Judicature, Court of Appeal (Criminal Division)
Citation: [2004] EWCA Crim 1103
Health Topics:
HIV/AIDS,
Infectious diseases,
Sexual and reproductive health,
Violence Human Rights: Right to bodily integrity Facts: The Appellant, Dica, was HIV-positive. He engaged in unprotected sexual intercourse with two women. Both women tested positive for HIV subsequent to their sexual encounters with the Appellant. It was not clear whether the women were aware of the Appellant’s HIV status at the time of the encounters. The prosecution did not argue that the …Read more
Tags: AIDS,
Condoms,
Contraceptives,
HIV,
HIV positive,
Rape,
Sexual assault,
Sexually transmitted diseases,
Sexually transmitted infections,
Smallpox,
STDs,
STIs,
Transmission
Country:
Mexico Year: 2004
Court: Supreme Court of Justice of the State of Michoacán [Supremo Tribunal de Justicia del Estado de Michoacán]
Citation: No. 358/2004, appeal of criminal process 257/2003
Health Topics:
Child and adolescent health,
Mental health,
Poverty,
Sexual and reproductive health,
Violence Human Rights: Right to family life,
Right to life Facts: O.M. is a Mexican woman who left her newborn son in a garbage can in the municipal headquarters of Santa Clara del Cobre after having given labor in the public restrooms. The woman placed toilet paper on the newborn child’s mouth cavity and nostrils to prevent others from hearing the newborn child cry, cut his …Read more
Tags: Child mortality,
Childbirth,
Family planning,
Incapacity,
Incompetence,
Indigenous groups,
Infant mortality,
Insanity,
Low income,
Poor,
Pregnancy,
Psychology,
Rape,
Sexual assault,
Sexual violence,
Underprivileged,
Viability
Country:
Bulgaria Year: 2004
Court: European Court of Human Rights
Citation: Application no. 39272/98
Health Topics:
Child and adolescent health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to privacy Facts: MC is a Bulgarian national born in 1980, who alleged that she was raped separately by two men, A and P, when she was 14 years old, within their car and within the home of a relative of theirs. MC had and tried to refuse and push the men away. The next morning MC went …Read more
Tags: Assault,
Child development,
Minor,
Pediatric health,
Rape,
Sexual assault,
Sexual violence
Country:
Australia Year: 2003
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 472; [2003] NSWCCA 399
Health Topics:
Child and adolescent health,
Sexual and reproductive health,
Violence Human Rights: Right to bodily integrity Facts: The respondent was charged with maliciously inflicting grievous bodily harm to Kylie Flick with intent to do grievous bodily harm. Prior to the crime, the respondent and Ms. Flick engaged in a single act of consensual sexual intercourse after which Ms. Flick became pregnant. The respondent sought to persuade Ms. Flick to have an abortion, …Read more
Tags: Assault,
Child development,
Childbirth,
Infant mortality,
Maternal health,
Miscarriage,
Termination of pregnancy,
Violence against women
Country:
Burundi,
Congo, DRC,
Rwanda,
Uganda Year: 2003
Court: African Commission on Human and Peoples' Rights
Citation: (2004) AHRLR 19 (ACHPR 2003); Communication 227/99
Health Topics:
Child and adolescent health,
Disasters and emergencies,
Health care and health services,
HIV/AIDS,
Hospitals,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Right to bodily integrity,
Right to family life,
Right to health,
Right to life,
Right to property Facts: The Democratic Republic of Congo initiated proceedings before the African Commission on Human and Peoples’ Rights, alleging that the respondent countries (Burundi, Rwanda, and Uganda) committed various human rights violations. The Democratic Republic of Congo alleged that the respondent countries committed multiple massacres against people of the Democratic Republic of Congo including attacking Inga hydroelectric …Read more
Tags: AIDS,
Armed conflict,
Assault,
Children,
Execution,
Forced displacement,
HIV,
HIV positive,
Manmade disaster,
Military,
Militias,
Public hospitals,
Rape,
Sexual assault,
Sexual violence,
Transmission,
Violence against women
Country:
Turkey Year: 2003
Court: European Court of Human Rights
Citation: Application No. 24209/94; (2003) 39 EHRR 715; [2003] ECHR 391
Health Topics:
Informed consent,
Prisons,
Sexual and reproductive health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to privacy Facts: YF was a Turkish national. On 15 October 1993, he was taken into custody on suspicion of aiding and abetting the Kurdish Workers Party (PKK), an illegal terrorist organization. Two days later, his wife, NF, was also taken into custody. NF was held in custody for four days, during which time she was allegedly kept …Read more
Tags: Abuse,
Compulsory examination,
Custody,
Degrading treatment,
Detainee,
Detention,
Forced examination,
Humiliating treatment,
Informed choice,
Involuntary examination,
Law enforcement,
Mandatory examination,
Patient choice,
Police,
Rape,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Torture,
Violence against women
Country:
Bosnia-Herzegovina Year: 2003
Court: International Criminal Tribunal for the former Yugoslavia
Citation: Case number IT-98-29-T
Health Topics:
Disasters and emergencies,
Health care and health services,
Hospitals,
Violence Human Rights: Right to due process/fair trial Facts: The defendant was one of three officers in command of the Bosnian-Serb Army operating in the area of Sarajevo (“SRK”) during the 1992 siege of Sarajevo. He was the commander for the longest period, almost two years, from around 10 September 1992 to 10 August 1994. The Prosecution alleged that during his command he conducted a protracted campaign of …Read more
Tags: Access to health care,
Access to treatment,
Armed conflict,
Emergency care,
Humanitarian crisis,
Military,
Militias,
Primary care,
Public hospitals
Country:
Bolivia Year: 2003
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics:
Health care and health services,
HIV/AIDS,
Infectious diseases,
Mental health,
Prisons,
Violence Human Rights: Right to health,
Right to life Facts: After being violently captured during an attempted escape from prison, Carlos Orlando and Rubén Suárez Saavedra, the sons of the plaintiff, were in need of medical treatment. Carlos Orlando was suffering from appendicitis, an inflamed gallbladder, and a broken rib while Rubén had AIDS and was experiencing pulmonary tuberculosis, immunodeficiency, symptoms of depression, and a …Read more
Tags: Abuse,
Access to health care,
Access to treatment,
AIDS,
Assault,
Cruel treatment,
Custody,
Degrading treatment,
Depression,
Imprisonment,
Incarceration,
Inmate,
People living with HIV/AIDS,
PLHIV,
Police,
TB,
Tuberculosis
Country:
India Year: 2003
Court: Supreme Court
Citation: Writ Petition (Civil) No. 301 of 2000
Health Topics:
Health care and health services,
Health information,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination Facts: In 1996, the government of India had passed the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1995 (the “PNDT Act”) which was aimed at preventing the misuse of sex determination technology to abort girl children before birth. Female feticide had become an increasingly frequent practice in India despite the implementations of reforms that attempted …Read more
Tags: Abortion,
Advertising,
Awareness,
Family planning,
Health care technology,
Health education,
Sex-selective abortion,
Termination of pregnancy,
Testing,
Violence against women
Country:
Uganda Year: 2002
Court: Constitutional Court at Kampala
Citation: [2002] UGCC 1; Constitutional Petition No. 2 of 2001
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals,
Informed consent,
Prisons,
Sexual and reproductive health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to health,
Right to liberty and security of person,
Right to life,
Right to privacy,
Right to water and sanitation Facts: On June 21, 2001, the petitioner delivered a baby by the roadside and visited the second respondent’s Naguru Maternity Home/Clinic with the baby still attached to her. She received no medical care and was referred to another hospital. The petitioner was unable to walk the distance and was forced to sit outside with her newborn …Read more
Tags: Access to health care,
Access to treatment,
Childbirth,
Clinics,
Compulsory examination,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Emergency care,
Forced examination,
Health facilities,
Humiliating treatment,
Infant mortality,
Inhuman treatment,
Involuntary examination,
Jail,
Law enforcement,
Mandatory examination,
Maternal health,
Mob,
Police,
Pregnancy,
Prison conditions,
Torture
Country:
United Kingdom Year: 2002
Court: Immigration Appeal Tribunal
Citation: [2002] UKIAT 04459
Health Topics:
Health care and health services,
Mental health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: Haja Mansaray, a Sierra Leone national, appealed a decision to refuse her asylum. She alleged that her removal would be contrary to the Refugee Convention and in violation of article 3 (inhuman or degrading treatment) of the European Convention on Human Rights (ECHR), because she would be unable to access the mental health care she …Read more
Tags: Access to health care,
Access to treatment,
Asylum,
Depression,
Immigration,
Migrants,
Rape,
Refugees,
Sexual violence,
Violence against women
Country:
Bolivia Year: 2002
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Prisons,
Violence Human Rights: Right to health,
Right to life Facts: A constitutional amparo (writ of injunctive relief) petition was filed by Marco Marino Diodato del Gallo against the Governor of the Center for Rehabilitation “Santa Cruz” (the “Prison Governor”), alleging infringement of the claimant’s rights to life and health and safety. On March 12, 2001, the claimant suffered a triple heart attack caused by the …Read more
Tags: Abuse,
Access to health care,
Assault,
Custody,
Heart disease,
Imprisonment,
Incarceration,
Inmate,
Jail,
Noncommunicable diseases,
Prison conditions
Country:
Egypt Year: 2002
Court: UN Human Rights Council's Working Group on Arbitrary Detention
Citation: Opinion No. 7/2002 (Egypt); E/CN.4/2003/8/Add.1 at 68
Health Topics:
Informed consent,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Right to liberty and security of person Facts: At least 55 men were arrested in Cairo on grounds of their sexual orientation during a police raid of a discotheque. The raid occurred after undercover officers entered the bar and observed and filmed dancing. The police targeted men who appeared to be homosexuals or who were not accompanied by women. One man was slapped …Read more
Tags: Assault,
Buggery,
Compulsory examination,
Forced examination,
Gay,
Homosexual,
Involuntary examination,
Law enforcement,
LGBTI,
Mandatory testing,
Non-consensual testing and treatment,
Sexual orientation,
Sodomy
Country:
Year: 2002
Court: International Criminal Tribunal for the former Yugoslavia
Citation: IT-96-23 & IT-96-23/1-A
Health Topics:
Prisons,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to life Facts: K, RK and V are Bosnian Serbs who were involved in a Serb campaign against Bosnian Muslims in the area of Foca between April 1992 until at least February 1993. One purpose of the campaign was to cleanse the Foca area of Muslims. In addition to the Muslim armed forces, a target to the campaign …Read more
Tags: Abuse,
Armed conflict,
Cruel treatment,
Degrading treatment,
Detainee,
Detention,
Execution,
Humiliating treatment,
Inhuman treatment,
Prison conditions,
Rape,
Sexual violence,
Torture,
Violence against women
Country:
Fiji Year: 2002
Court: High Court
Citation: Criminal Appeal No. HAA 0083 of 2001
Health Topics:
Child and adolescent health,
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 Facts: N, a cane cutter, was arrested on charges of having unlawful sexual intercourse with his six year old daughter contrary to s 175 of the Penal Code. Within two hours he was presented before the court and cautioned. The magistrate asked N whether he wished to consult his lawyer, but he declined. At trial he …Read more
Tags: Child development,
Children,
Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Examination,
Humiliating treatment,
Incompetence,
Inhuman treatment,
Mental competence,
Minor,
Pediatric health,
Psychiatry,
Psychology,
Rape,
Sexual abuse,
Sexual assault
Country:
Botswana Year: 2002
Court: Court of Appeal
Citation: AHRLR 58 (BwCA 2002); Criminal Appeal No. 15/2002
Health Topics:
HIV/AIDS,
Infectious diseases,
Prisons,
Public safety,
Violence Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: The case discusses the constitutionality of a statute that denied bail to people accused of rape. Marapo was arrested and charged with rape. Under Section 142(1)(i) of the Botswana Penal Code, he was not entitled to bail before trial. Marapo brought his case to the High Court, arguing that section 142(1)(i) of the Penal Code …Read more
Tags: AIDS,
Custody,
Detainee,
Detention,
HIV,
HIV/AIDS,
Imprisonment,
Incarceration,
Inmate,
Jail,
Rape,
Safety regulation,
Sexual assault,
Sexual violence,
Sexually transmitted infections,
STDs,
STIs,
Transmission,
Violence against women
Country:
New Zealand Year: 2001
Court: Court of Appeal
Citation: [2001] NZCA 312; [2001] NZFLR 1122; (2001) 21 FRNZ 216
Health Topics:
Mental health,
Public safety,
Violence Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: The appellant, H, had a history of sexually violent behavior toward women, and he experienced his first imprisonment and compulsory treatment order in 1998. H had been receiving treatment at the Mason Clinic since prisoners were not permitted outpatient community treatment. In 1999, H completed his prison sentence, but none of his physicians initiated proceedings …Read more
Tags: Community-based care,
Compulsory commitment,
Involuntary commitment,
Mandatory commitment,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Psychiatry,
Psychology,
Sexual abuse,
Sexual assault,
Sexual violence,
Sociopath,
Threat of violence,
Violence against women