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373 judgments found.


Akkoc v. Turkey

Country: Turkey
Year: 2000
Court: European Court of Human Rights
Citation: Akkoc v. Turk., App. No. 22947/93, 34 Eur. H.R. Rep. 51 (2002).
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:

The applicant, a former teacher and former head of the Diyarbakır branch of the Education and Science Workers Union, made comments to a local newspaper about the mistreatment of teachers by government authorities. She was disciplined according to domestic law—an administrative court ultimately overturned this penalty six years later. Following this incident, the applicant received …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Torture
Download Judgment: English Turkish

Kudla v. Poland

Country: Poland
Year: 2000
Court: European Court of Human Rights
Citation: App. No. 30210/96, 35 Eur. H.R. Rep. 198 (2000).
Health Topics: 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
Facts:

Applicant, a Polish national suffering from chronic depression, alleged violations of Articles 3 (prohibition of torture), 5.3 (trial within a reasonable time), 6.1 (unreasonably long proceedings), and 13 (effective remedy) of the European Convention on Human Rights (ECHR). The applicant was in detention for fraud charges. While in prison, he attempted suicide twice and went …Read more

Tags: Access to health care, Access to treatment, Compulsory commitment, Compulsory confinement, Counseling, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Depression, Detainee, Detention, Examination, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Involuntary confinement, Jail, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Prison conditions, Psychiatry, Psychology, Suicide, Torture

Kazeem Aminu v. Nigeria

Country: Nigeria
Year: 2000
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 205/97 (2000).
Health Topics: Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

The complainant alleged that Nigerian security agents arbitrarily arrested his client, Mr. Ayodele Ameen, as a result of Mr. Ameen’s political activism in support of validating the country’s 12 June 1994 elections, which the Nigerian military government had previously annulled. While in prison, the complainant claimed that Nigerian security officials tortured Mr. Ameen, subjected him …Read more

Tags: Access to medicines, Detention, Inhuman treatment, Torture
Download Judgment: English

Taito Rarasea v. State

Country: Fiji
Year: 2000
Court: High Court
Citation: Criminal Appeal No HAA0027.2000, unreported; (2000) 3 CHRLD 126
Health Topics: Disabilities, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to food
Facts:

R was sentenced to six months’ imprisonment by the Chief Magistrate for the offence of escaping from lawful custody contrary to s 138 of the Penal Code Cap 17. In addition the Commissioner of Prisons imposed sanctions on R for the escape under the Prisons Act Cap 86, ss 83(1)A(i) and (vi) and paras 123(3) …Read more

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

Chavunduka, et al. v The Commissioner of Police, et al.

Country: Zimbabwe
Year: 2000
Court: Supreme Court
Citation: [2000] ZLR 418
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

In January 1999 the Standard, a weekly newspaper, published an article alleging a failed coup by senior members of the army. Several reasons for the coup were given including mismanagement of the economy and involvement in the war in the Democratic Republic of the Congo. The first applicant, the editor of the Standard, was arrested …Read more

Tags: Abuse, Cruel treatment, Degrading treatment, Detainee, Detention, Military, Police, Prison conditions, Torture
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İlhan v. Turkey

Country: Turkey
Year: 2000
Court: European Court of Human Rights
Citation: Application No. 22277/93
Health Topics: Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant alleged that his brother had been severely beaten by police when they apprehended him at his village and that he was not provided with the necessary medical treatment for his life-threatening injuries. He also complained of discrimination on the basis of his brother’s Kurdish origin. In 1992, the applicant Nasır İlhan and his …Read more

Tags: Assault, Cruel treatment, Inhuman treatment, Law enforcement, Police, Torture
Download Judgment: English

Labita v. Italy

Country: Italy
Year: 2000
Court: European Court of Human Rights
Citation: Application No. 26772/95
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The plaintiff applied to the European Court of Human Rights alleging that the conditions in the Italian prison Pianosa violated Article 3 of the European Convention of Human Rights, which prohibits torture and inhuman or degrading treatment. The plaintiff was arrested on suspicion of involvement in a mafia-type organization, and transferred to Pianosa Prison. The …Read more

Tags: Abuse, Custody, Degrading treatment, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Jail, Prison, Prison conditions, Torture
Download Judgment: English

Villagrán-Morales, et al. (“Street Children”) v. Guatemala

Country: Guatemala
Year: 1999
Court: Inter-American Court of Human Rights
Citation: Merits, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 63 (Nov. 19, 1999); Inter Joint Concurring Opinion of Judges A.A. Cancado Trinidade & A. Abreu-Burelli, Inter-Am. Ct. H.R. (ser. C) No. 63 (Nov. 19, 1999).
Health Topics: Child and adolescent health, Poverty, 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:

Five youths, three of whom were minors, were “street children” abducted, tortured, and killed by State security agents.  The children lived in a sector of the city where violence and crime rate were high and where State officials commit illegal acts against “street children,” including “threats, arrests, cruel, inhuman and degrading treatment and homicides as …Read more

Tags: Assault, Children, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Forced disappearance, Health records, Indigent, Inhuman treatment, Law enforcement, Low income, Medical records, Minor, Police, Poor, Torture, Underprivileged
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Advocate Prakash Mani Sharma v. Government of Nepal and Others

Country: Nepal
Year: 1999
Court: Supreme Court
Citation: Writ No.064 WO 0230
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

Under Article 20(2) of the Interim Constitution 2063 in Nepal, every woman in Nepal had the fundamental right to reproductive health. However, there were no effective health services addressing the issue of uterine prolapse, a serious ailment affecting nearly 600,000 women in Nepal. The Petitioners, among others, Pro-Public, an organization working in the area of …Read more

Tags: Abortion, Access to health care, Access to treatment, Awareness, Budget, Child development, Child mortality, Childbirth, Children, Diet, Family planning, Food, Health care workers, Health education, Health expenditures, Health funding, Health promotion, Health spending, Infant health, Infant mortality, Malnutrition, Maternal health, Maternal mortality, Miscarriage, Pediatric health, Poor, Pregnancy, Primary care, Termination of pregnancy, Underprivileged, Unsafe abortion
Download Judgment: English

Rights International v. Nigeria

Country: Nigeria
Year: 1999
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 215/98 (1999).
Health Topics: Prisons
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:

Rights International, a non-governmental organization based in the United States, claimed that Nigerian military soldiers arrested and tortured Mr. Charles Baridorn Wiwa at an unknown military detention camp in Gokana, Nigeria. The Complainant alleged that Mr. Wiwa’s detention lasted from January 2-9, 1996, and that during his detention, authorities horsewhipped him, subjected him to various …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Forced displacement, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Military, Refugees, Torture
Download Judgment: English

Amnesty International, et al. v. Sudan

Country: Sudan
Year: 1999
Court: African Commission on Human and Peoples' Rights
Citation: Comm. Nos. 48/90-50/91-52/91-89/93 (1999).
Health Topics: Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of religion, Right to due process/fair trial, Right to liberty and security of person
Facts:

Amnesty International and three other international human rights organizations filed a series of four complaints (Communications 48/90, 50/91, 52/91, and 89/93) on behalf of hundreds of prisoners, whom the organizations believed suffered detainment without trial, as well as various forms of torture and cruel and inhuman treatment in prison, following a coup d’état in Sudan …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detainee, Detention, Execution, Humiliating treatment, Inhuman treatment, Prison conditions, Torture
Download Judgment: English

Cox v. The Attorney General, Petrus Compton, et al.

Country: Saint Lucia
Year: 1999
Court: High Court (Civil Constitutional)
Citation: No 714 of 1999, unreported
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

C had been held on death row for 4 years and 9 months without lodging any appeals against conviction or sentence. C sought a stay of his execution order on the grounds that the delay was unreasonable and violated the constitutional prohibition on torture or inhuman degrading treatment or punishment. C argued that the holding …Read more

Tags: Cruel treatment, Degrading treatment, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate
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Higgs and David Mitchell v. The Minister of National Security and Others

Country: Bahamas
Year: 1999
Court: Judicial Committee of the Privy Council
Citation: [2000] 2 WLR 1368; [2000] 2 LRC 656; (1999) 8 BHRC 201; (1999) 5
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 first appellant was arrested for murder in July 1993. He was committed for trial in November 1993 but there was a technical defect in the committal as a result of which it was subsequently quashed. On 14 November 1994 he was committed again and on 2 October 1995 found guilty and sentenced to death. …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Imprisonment, Inhuman treatment, Prison conditions, Solitary confinement, Torture
Download Judgment: English

Bennett v. Jamaica

Country: Jamaica
Year: 1999
Court: United Nations Human Rights Committee
Citation: Communication Nº 590/1994*
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

Trevor Bennett (“author”) at the time of submission of the communication was awaiting execution at a prison. He had been convicted of murder and sentenced to death. His appeals to the Court of Appeal and Judicial Committee of the Privy Council were dismissed. He claimed violations of articles 6, 7, 9, 10, and 14 of …Read more

Tags: Cruel and unusual punishment, Degrading treatment, Detention, Execution, Imprisonment, Inamte, Incarceration, Inhuman treatment, Jail, Prison conditions
Download Judgment: English

International Commission of Jurists v. Portugal

Country: Portugal
Year: 1999
Court: European Committee of Social Rights
Citation: Complaint No. 1/1998
Health Topics: Child and adolescent health, Occupational health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to favorable working conditions
Facts:

The International Commission of Jurists (ICJ) alleged that a large number of children work illegally in many economic sectors in Portugal. It further stated that the poor working conditions these children are subjected to have a serious impact on their health. The ICJ produced several documents and relied particularly on a report which stated that …Read more

Tags: Child development, Child mortality, Children, Informal economy, Job safety, Minor, Occupational hazards, Occupational health and safety, Safe working conditions
Download Judgment: English

The Prosecutor v. Zejnil Delalic and Zdravko Mucic, Hazim Delic and Esad Landzo

Country: Serbia
Year: 1998, 2001, 2003
Court: International Criminal Tribunal for the Former Yogslavia
Citation: Judgment of the Trial Chamber, 16 November 1998, Case No. IT-96-21-T; Judgment of the Appeals Chamber, 20 February 2001, Case No. IT-96-21-A; Judgment of the Trial Chamber, 9 October 2001, Case No. IT-96-21-Tbis-R117; Judgment of the Second Appeals Chamber, 8 April 2003, Case No. IT-96-21-Abis
Health Topics: Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to liberty and security of person, Right to property
Facts:

On 19 March 1996, an indictment was issued against the four accused ZD, ZM, HD and EL. The indictment related to the events that took place in 1992 in a prison camp near the town of Celebici in central Bosnia and Herzegovina. The accused were charged with grave breaches of the Geneva Conventions of 1949, …Read more

Tags: Abuse, Armed conflict, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Humiliating treatment, Imprisonment, Inhuman treatment, Rape, Sexual violence, Torture, Violence against women
Download Judgment: English

International Pen and Others. on Behalf of Saro Wiwa v. Nigeria

Country: Nigeria
Year: 1998
Court: African Commission on Human and Peoples' Rights
Citation: AHRLR 212 (ACHPR 1998); Communications 137/94, 139/94, 154/96 and 161/97
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Right of access to information, Right to acquire nationality, Right to due process/fair trial, Right to health, Right to liberty and security of person, Right to life
Facts:

S, a writer and president of an Ogoni people’s movement, and L (the movement’s vice-president) were arrested in May 1994 after the murder of four Ogoni leaders following a riot which had occurred during a meeting organized by the movement. It was alleged that S was severely beaten during the first days of his detention …Read more

Tags: Abuse, Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Torture
Download Judgment: English

Aerts v. Belgium

Country: Belgium
Year: 1998
Court: European Court of Human Rights
Citation: Application No. 25357/94; (1998) 29 EHRR 50; [1998] ECHR 64; 5 BHRC 382; [1998] HRCD 749; (2000) 53 BMLR 79
Health Topics: Controlled substances, 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:

Michael Aerts, complained his continued detention in the psychiatric wing of a prison pending his transfer to the Social Protection Centre breached the right to liberty and security of person in article 5(1) of the European Convention on Human Rights (ECHR), the right to fair hearing under article 6(1) of the ECHR, and the prohibition …Read more

Tags: Access to health care, Access to treatment, Alcohol, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug use, Emergency care, Heroin, Imprisonment, Incarceration, Inhuman treatment, Inmate, Mental disability, Mental disorder, Mental illness, Mental institution, People who use drugs, Torture
Download Judgment: English French

Dalia v. France

Country: France
Year: 1998
Court: European Court of Human Rights
Citation: Application No. 26102/95; (2001) 33 EHRR 26; [1998] ECHR 5
Health Topics: Child and adolescent health, Controlled substances, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life
Facts:

Aïcha Dalia (“the Applicant”) is an Algerian national who arrived in France when she was approximately 17 years of age, to join her mother and siblings who lawfully resided there. In 1985, she was sentenced to twelve months’ imprisonment for offences against the dangerous drugs legislation, which also made orders for her deportation and permanent …Read more

Tags: Child development, Degrading treatment, Drug enforcement, Heroin, Immigration, Inhuman treatment, Law enforcement, Migrants
Download Judgment: English French

A. v. United Kingdom

Country: United Kingdom
Year: 1998
Court:
Citation: A. v. U.K., App. No. 25599/94, 27 Eur. H.R. Rep. 611 (1999).
Health Topics: Child and adolescent health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to privacy
Facts:

Applicant is a British citizen and a minor born in 1984 who was beaten on several occasions by his stepfather with a garden cane, causing bruises all over his body, until he was placed under child protection in 1990. The stepfather was charged with assault occasioning actual bodily harm and tried but was found not …Read more

Download Judgment: English

L.C.B. v. United Kingdom

Country: United Kingdom
Year: 1998
Court: European Court of Human Rights
Citation: L.C.B. v. U.K., App. No. 23413/94, 27 Eur. H.R. Rep. 212 (1998).
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Occupational health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

Applicant’s father served as a catering assistant in the British Royal Air Force and had been present at Christmas Island during four nuclear tests. Applicant was diagnosed with leukemia at an early age. Her records of admission to hospital included, under the heading “Summary of Possible Causative Factors” that her father was exposed to radiation. …Read more

Tags: Access to health care, Awareness, Biohazard, Freedom of information, Non-disclosure, Notification, Nuclear radiation
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Aydin v. Turkey

Country: Turkey
Year: 1998
Court: European Court of Human Rights
Citation: App. No. 23178/94, 25 Eur. H.R. Rep. 251 (1998).
Health Topics: Child and adolescent health, Hospitals, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The applicant was a 17-year old Turkish national of Kurdish origin girl who lived with her parents in a village in south-east Turkey. Since 1985 serious disturbances had raged in this part of the country between the security forces and the members of a Kurdish separatist party. Turkey claimed that these had resulted in the deaths …Read more

Tags: Armed conflict, Children, Compensation, Cruel treatment, Degrading treatment, Health care professionals, Health care workers, Humiliating treatment, Military, Minor, Pregnancy, Public hospitals, Rape, Sexual assault, Sexual violence, Terrorism, Torture
Download Judgment: English

Case 185645, 185675, 185693, 185695

Country: France
Year: 1998
Court: Conseil D'Etat [Council of State]
Citation: C.E., n°185645, 185675, 185693, 185695, 27 April 1998
Health Topics: Health systems and financing
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to privacy
Facts:

French government issued a decree on 19 December 1996 which, according to article L.162-5-3 of the Social Security Code, requires doctors to pay back social security payment if they do not meet their expected health expenses. Doctors’ trade unions challenged this decree, on the ground that it creates a sanction towards doctors whereas they are …Read more

Tags: Health insurance, Health regulation, Health spending, Low income, Reimbursement, Social security, Subsidies, Underprivileged
Download Judgment: French

Taylor (Desmond) v. Jamaica

Country: Jamaica
Year: 1998
Court: United Nations Human Rights Committee
Citation: Communication No 705/1996, Views of the UNHRC, 2 April 1998
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

Taylor (T), P (his brother) and S were charged with murdering four persons in May 1992 and were convicted and sentenced to death in July 1994. T claimed that the two years and three months spent in pre-trial detention was unreasonable, given that the primary evidence against him was a statement made by S. He …Read more

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

Shaw v. Jamaica

Country: Jamaica
Year: 1998
Court: United Nations Human Rights Committee
Citation: Communication No 704/1996, Views of the UNHRC, 2 April 1998
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

Shaw (S) was arrested for the murder of a family and allegedly acknowledged his involvement in the killings  in an interview preceding a caution statement. He claimed that he was not charged with murder until nineteen days later (although it appeared from the file that the delay was actually nine days) and that he was …Read more

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

Re Supreme Court Special Determinations Nos 6 and 7 of 1998

Country: Sri Lanka
Year: 1998
Court: Supreme Court
Citation: [1999] 2 LRC 579; (1998) 2 CHRLD 333
Health Topics: Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right to due process/fair trial
Facts:

A Bill entitled ‘Prohibition of Ragging and Other Forms of Violence in Educational Institutions’ was drafted in response to the increase and brutality of ‘ragging’ in educational institutions. Section 17 of the Bill defined ‘ragging’ as ‘any act which causes, or is likely to cause, physical or psychological injury or mental pain or fear or …Read more

Tags: Assault, Bullying, Criminalization, Hazing, Ragging
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Finn v. Jamaica

Country: Jamaica
Year: 1998
Court: United Nations Human Rights Committee
Citation: Communication No. 617/1995
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
Facts:

Finn (F) was arrested in 1987 and alleged that he was beaten on his way to the police lock up. He also alleged that threats were then made against his life and that he was given no medical treatment. F claimed that complaints about this ill treatment were not responded to. He was charged, together …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Torture
Download Judgment: English

Fisher v. The Minister of Public Safety and Immigration and Others (No. 2)

Country: Bahamas
Year: 1998
Court: Judicial Committee of the Privy Council
Citation: [1998] 3 LRC 451, [1999] 2 WLR 349, (1998) 6 BHRC 244, (1998) 2
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The appellant was convicted of murder and sentenced to death in 1994. In 1996, he lodged a petition with the Inter-American Commission on Human Rights (IACmHR). Although The Bahamas ratified the Charter of the Organisation of American States (OAS) in 1982, it has never ratified the American Convention on Human Rights. However, Article 51 of …Read more

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

B and Others v. Minister of Correctional Services and Others

Country: South Africa
Year: 1997
Court: High Court - Cape of Good Hope Provincial Division
Citation: 1997 (4) SA 441 (C); 1997 (6) BCLR 789 (C)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The Applicants were four prisoners living with HIV. They sought an order declaring that prisoners living with HIV who had reached the symptomatic stage of the disease and whose CD4 counts was less than 500 per milliliter of blood were entitled to receive appropriate antiretroviral treatment at the Government’s expense. They noted that Section 35(2)(e) …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Custody, Detention, Essential medicines, First-line treatment, Health expenditures, Health funding, Health spending, HIV, HIV positive, Imprisonment, Incarceration, Inmate, Jail, People living with HIV/AIDS, Pharmaceuticals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Salvatori Abuki and Richard Abuga v. Attorney General

Country: Uganda
Year: 1997
Court: Constitutional Court at Kampala
Citation: [1997] UGCC 5; Constitutional Case No. 2 of 1997
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Freedom of religion, Right to due process/fair trial, Right to housing, Right to life, Right to property
Facts:

The petitioners, Salvatori Abuki and Richard Obuga, brought a constitutional challenge against their convictions in a Magistrates’ Court for the practice of witchcraft. (Richard Obuga died before the hearing on the petition began leaving only one petitioner, Abuki.) The petitioner was arrested on a complaint of witchcraft and charged with practicing witchcraft in contravention of …Read more

Tags: Criminalization, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Forced displacement, Humiliating treatment, Imprisonment, Incarceration
Download Judgment: English