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373 judgments found.
Country:
Latvia Year: 2015
Court: The European Court of Human Rights
Citation: ECHR 005 (2015)
Health Topics:
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to family life,
Right to privacy Facts: The applicant’s husband died in a car accident. She saw her husband’s body when he was transported from the Forensic department. His legs were tied and he was buried like that. After two years, criminal inquiry into illegal removal of organs and tissues were ensued by the Police. The applicant was told that her husband …Read more
Tags: Awareness,
Clinics,
Disclosure,
Emergency care,
Examination,
Health care technology,
Health facilities,
Health records,
Medical records,
Non-disclosure,
Patient choice,
Private hospitals,
Public hospitals,
Standard of care,
Unauthorized treatment
Country:
Year: 2015
Court: African Commission on Human and Peoples' Rights
Citation: Communication 341/2007
Health Topics:
Child and adolescent health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to due process/fair trial Facts: A 13-year-old girl was abducted and raped by Aberew Jemma Negussie (accused) and his accomplices. The medical report proved non-consensual sexual intercourse. The accused was released on bail and he abducted the girl again and forced her to sign a marriage contract. The girl managed to escape. The accused was sentenced to 10 years of …Read more
Tags: Assault,
Child marriage,
Children,
Minor,
Rape,
Sexual abuse,
Sexual harassment,
Sexual violence,
Violence against women
Country:
Sudan Year: 2015
Court: African Commission on Human and Peoples’ Rights
Citation: Communication 379/09
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Prisons,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to liberty and security of person Facts: The complainants were human rights activists who were arrested, tortured and ill-treated by the Intelligence Services of Sudan. They were also compelled to leave Sudan. Mr. Suliman’s human rights organization was further shut down by the Sudanese Authorities. During the interrogation, the authorities threatened to kill and rape Mr. Hummeida. He was further denied medical …Read more
Tags: Abuse,
Access to health care,
Access to treatment,
Assault,
Bullying,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Heart diseases,
Imprisonment,
Inhuman treatment,
Law enforcement,
Torture
Country:
India Year: 2014
Court: Supreme Court
Citation: Writ Petition 55 of 2013
Health Topics:
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to liberty and security of person,
Right to life Facts: Fifteen criminal convicts sentenced to the death penalty challenged their sentences as in violation of Article 21 of the Indian Constitution, which protects the right to life. They claimed that the executive orders rejecting their mercy petitions were passed without considering supervening events, including delay, insanity, solitary confinement, and procedural lapses. Two convicts alleged that the …Read more
Tags: Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Detainee,
Execution,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Insanity,
Isolation,
Jail,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Psychiatry,
Psychology,
Schizophrenia,
Solitary confinement,
Torture
Country:
Botswana Year: 2014
Court: High Court
Citation: (MAHGB-000057-14), BWHC 1 (2014)
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Infectious diseases,
Medicines,
Prisons Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to life Facts: The applicants, two prisoners with HIV and an interested non-governmental organization, complain that the policy of denying Highly Active Antiretroviral Therapy (“HAART”) to non-citizen inmates is a violation of the rights of such non-citizen prisoners under the Constitution of Botswana. HAART is a drug treatment that helps control HIV mutation and reduces the likelihood of …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
ARVs,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Health expenditures,
HIV,
HIV positive,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
People living with HIV/AIDS,
PLHIV,
TB,
Transmission,
Tuberculosis
Country:
Kazakhstan Year: 2014
Court: United Nations Human Rights Committee
Citation: Communication No. 2104/2011
Health Topics:
Health care and health services,
Infectious diseases,
Prisons,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to due process/fair trial Facts: Nikolai Valetov, a Russian national, was arrested and charged in June 2001 with murder by Kyrgyzstan authorities while living in Kyrgyzstan. In addition to maintaining that he was framed for this crime by the police, Valetov further claimed that he was tortured by the police so severely while in pre-trial detention that he was permanently …Read more
Tags: Abuse,
Access to health care,
Asylum,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Detainee,
Detention,
Examination,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Rape,
TB,
Torture,
Tuberculosis
Country:
Australia Year: 2014
Court: United Nations Human Rights Committee
Citation: Communication No. 1968/2010; CCPR/C/112/D/1968/2010
Health Topics:
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: The claimants, who were serving life imprisonment sentences, claimed that the state of Australia had violated articles 7, 10, 15 and 24 of the International Covenant on Civil and Political Rights (“Covenant”), particularly the right to freedom from torture and cruel, inhuman, and/or degrading treatment. The claimants were jointly tried for the murder, abduction, and …Read more
Tags: Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Imprisonment,
Incarceration,
Inhuman treatment
Country:
Belgium Year: 2014
Court: Grand Chamber
Citation: C-562/13. Centre public d’action sociale d’Ottgnies-Louvain-la-Neuve v. Moussa Abdida
Health Topics:
Health care and health services,
Health systems and financing Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health Facts: Mr. Abdida, a Niegrian national, was in Belgium seeking asylum from torture and inhuman treatment. While in Belgium, he suffered from a serious illness and submitted an application to reside in Belgium on medical grounds. The application was accepted, and he began receiving social assistance from the Public Social Action Centre of Ottignies-Louvain-la-Neuve (“CPAS”). In 2011, …Read more
Tags: Access to health care,
Access to treatment,
Asylum,
Emergency care,
Health expenditures,
Health funding,
Health spending,
Immigrants,
Immigration,
Migrants,
Refugees
Country:
Estonia Year: 2014
Court: European Court of Human Rights
Citation: Application No. 66393/10; [2014] ECHR 294
Health Topics:
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: Mr. Tali, an Estonian sentenced to life in prison, claimed he was subjected to inhuman and degrading treatment contrary to Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). On July 3 2009, Tali was told he would be taken to a punishment cell. The guards used defensive equipment …Read more
Tags: Abuse,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Jail
Country:
United Kingdom Year: 2014
Court: Royal Courts of London
Citation: [2014] EWHC 3820 (Admin)
Health Topics:
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: The claimant, DD, a Somali man, was granted asylum and indefinite leave to remain shortly after his arrival in the UK in 2003. Due to his involvement in fundraising for Al-Shabaab, a Terrorism Prevention and Investigation Measure (TPIM) was imposed in 2012. He was charged with breaching the TPIM, remanded into custody, and was sentenced …Read more
Tags: Custody,
Degrading treatment,
Depression,
Detention,
Imprisonment,
Inhuman treatment,
Mental disability,
Mental illness,
Psychiatry,
Psychosis,
Refugees,
Schizophrenia,
Solitary confinement,
Terrorism,
Torture,
Trauma
Country:
Bolivia Year: 2014
Court: Inter-American Commission on Human Rights
Citation: Report No. 72/14, Case 12.655; Merits I.V. BOLIVIA; August 15, 2014
Health Topics:
Informed consent,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to family life,
Right to privacy Facts: I.V. went to a hospital for a cesarean section and was sterilized by her doctor. She alleged that the only questions that the doctor had asked her before the procedure were where she had her first cesarean section and whether she had previously had an infection. I.V. maintained that she was not given any information …Read more
Tags: Compulsory sterilization,
Compulsory treatment,
Forced sterilization,
Forced treatment,
Health care professionals,
Informed choice,
Involuntary sterilization,
Involuntary treatment,
Non-consensual testing and treatment,
Patient choice,
Pregnancy,
Sterilization,
Unauthorized treatment
Country:
United States Year: 2014
Court: Supreme Court
Citation: 572 U.S. ___ (2014); 134 S.Ct. 1986
Health Topics:
Disabilities,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: The petitioner and his accomplice kidnapped, beat, raped, and murdered a pregnant woman before driving to a convenience store, which they planned to rob. In the parking lot of the store, they killed a sheriff’s deputy who attempted to apprehend them. The petitioner received the death penalty for both murders. He argued that he could …Read more
Tags: Cruel and unusual punishment,
Execution,
Mental competence,
Mental retardation
Country:
Canada Year: 2014
Court: Federal Court
Citation: (2014) FC 651
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Poverty Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to life Facts: In 2012, the Governor-in-Council passed two orders modifying the Interim Federal Health Program (IFHP), thereby reducing health insurance coverage for refugee and asylum claimants in Canada. Canadian Doctors for Refugee Care (CDRC) and two groups of lawyers challenged the changes to the program to restore better coverage as the changes had a significant negative impact …Read more
Tags: Access to health care,
Access to treatment,
Health expenditures,
Health funding,
Health insurance,
Health regulation,
Health spending,
Immigrants,
Immigration,
Migrants,
Out-of-pocket expenditures,
Refugees,
Reimbursement,
Social security
Country:
Russia Year: 2014
Court: The European Court of Human Rights
Citation: [2014] EHCR 51857/13
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Infectious diseases,
Medicines,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to health Facts: Amirov is a local politician who was arrested and charged in June 2013 with attempted murder, attempting to organize a terrorist attack, and related charges. Amirov was paralyzed in 1993 and requires constant medical care. Amirov argued that he should not be detained pending trial because of his poor health, age and position in the …Read more
Tags: Access to health care,
Access to treatment Health facilities,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Diabetes,
Handicapped,
heart disease neurological diseases,
Hepatitis,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Kidney disease,
Noncommunicable diseases,
Physically challenged,
Prison conditions
Country:
Romania Year: 2014
Court: The European Court of Human Rights
Citation: ECHR 222 (2014)
Health Topics:
Health care and health services,
HIV/AIDS,
Hospitals,
Infectious diseases,
Medicines,
Mental health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to life Facts: The application was lodged by Centre for Legal Resources (CLR) on behalf of Campeanu, who was born in 1985 and died in 2004. He was abandoned at birth and was diagnosed as being HIV positive and suffered from a mental disability. In 2003, Mr. Campeanu had to leave the centre. Two assessments of his health …Read more
Tags: Access to drugs,
Access to healthcare,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Clinics,
Health facilities,
HIV,
HIV positive,
HIV status,
Negligence,
People living with HIV/AIDS,
PLHIV
Country:
Latvia Year: 2014
Court: The European Court of Human Rights
Citation: ECHR 181 (2014)
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to family life,
Right to privacy Facts: The applicant’s son at the age of 23 was in a car accident and sustained very serious injuries. He had to be operated on but his condition became worse after her surgery and he died. After a few months, she discovered that her son’s kidneys and spleen had been removed for organ transplantation after his …Read more
Tags: Clinics,
Degrading treatment,
Emergency care,
Health facilities,
Inhuman treatment,
Patient choice,
Public hospitals
Country:
Australia Year: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2049/2011, CCPR/C/108/D/2094/2011
Health Topics:
Child and adolescent health,
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: The authors, 37 Sri Lankan citizens held in Australian immigration detention facilities, alleged that the actions of the Australian government regarding their detention violated Articles 7, 9, 10, 17, 23, and 24 of the International Covenant on Civil and Political Rights (the “Covenant”). At the time of the submission, all of the authors were …Read more
Tags: Access to health care,
Access to treatment,
Asylum,
Child development,
Cruel treatment,
Degrading treatment,
Depression,
Detainee,
Detention,
Immigration,
Inhuman treatment,
Migrants,
Refugees,
Suicide
Country:
Australia Year: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2136/2012, CCPR/C/108/D/2136/2012
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 liberty and security of person Facts: The authors, nine persons held in Australian immigration detention facilities, alleged violations of various articles (named below) of the International Covenant on Civil and Political Rights (the “Covenant”). The authors had different backgrounds. Two were Myanmarese citizens, six were Sri Lankan citizens, and one was a Kuwaiti citizen. They all entered Australian territorial waters on …Read more
Tags: Access to health care,
Access to treatment,
Asylum,
Cruel treatment,
Degrading treatment,
Depression,
Detainee,
Detention,
Immigration,
Inhuman treatment,
Mental illness,
Migrants,
Refugees
Country:
Ukraine Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Hospitals,
Medical malpractice,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to life Facts: The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more
Tags: Access to health care,
Access to treatment,
AIDS,
Custody,
Detainee,
Detention,
Diagnostics,
Duty of care,
Emergency care,
Examination,
Health care professionals,
Health care workers,
Health records,
HIV,
HIV positive,
HIV status,
Inadequate treatment,
Inappropriate treatment,
Medical records,
Misdiagnosis,
Negligence,
People living with HIV/AIDS,
Police,
Public hospitals,
Remedies,
Standard of care,
Testing,
Trauma
Country:
United Kingdom Year: 2013
Court: European Court of Human Rights
Citation: Application No. 17299/12
Health Topics:
Health care and health services,
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: The applicant was a man suffering from severe paranoid schizophrenia. He was indicted in the United State as a co-conspirator in an effort to establish a jihad training camp in Oregon. At the time of trial, the applicant was detained in a hospital in the UK and was subject to an extradition request made by …Read more
Tags: Access to health care,
Access to treatment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Isolation,
Jail,
Mental illness,
Prison conditions,
Schizophrenia,
Solitary confinement,
Terrorism
Country:
Poland Year: 2013
Court: European Court of Human Rights
Citation: Application No. 46132/08
Health Topics:
Health information,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to family life,
Right to life,
Right to privacy Facts: The applicant’s pregnant daughter died in 2004 of septic shock at Barlicki Hospital in Poland. The applicant alleged her daughter’s death was caused by negligence and filed claims under the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”) for violation of her daughter’s rights to life under Article 2, to freedom from …Read more
Tags: Abortion,
Conscientious objection,
Degrading treatment,
Disclosure,
Duty of care,
Health care professionals,
Health records,
Inadequate treatment,
Maternal health,
Maternal mortality,
Medical records,
Negligence,
Pregnancy; Termination of pregnancy,
Standard of care
Country:
Poland Year: 2013
Court: European Court of Human Rights
Citation: Application No. 57375/08
Health Topics:
Health care and health services,
Health information,
Sexual and reproductive health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to family life,
Right to liberty and security of person,
Right to privacy Facts: The Applicants were a Polish girl who was raped at the age of 14, resulting in pregnancy, and her mother. The applicants alleged that, when they sought an abortion, which is legal under Polish law for pregnancy resulting from rape, hospital staff attempted to dissuade the girl from having an abortion. At one hospital, she …Read more
Tags: Abortion,
Abortion counseling,
Access to health care,
Access to treatment,
Confidentiality,
Conscientious objection,
Counseling,
Disclosure,
Medical records,
Non-disclosure,
Parental consent,
Pregnancy,
Public hospitals,
Rape,
Secrecy,
Sexual abuse,
Sexual violence,
Termination of pregnancy
Country:
New Zealand Year: 2013
Court: High Court
Citation: [2013] NZHC 1702
Health Topics:
Health systems and financing,
Hospitals,
Mental health,
Tobacco Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to privacy Facts: In this case applicants argued that the no-smoking policy of the Waitemata District Health Board (WDHB)and the consequent prohibition of smoking in hospitals and surrounding grounds violated their right not to be subjected to torture or cruel treatment, the right to be treated with humanity, the right to respect private life, and the right to …Read more
Tags: Cruel and unusual punishment,
Cruel treatment,
Health regulation,
Mental disorder,
Passive smoking,
Psychiatry,
Second-hand smoke,
Smoking,
Smoking cessation,
Tobacco control,
Tobacco regulation
Country:
Ukraine Year: 2013
Court: The European Court of Human Rights
Citation: [2013] ECHR 442
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Medicines,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to liberty and security of person Facts: The Applicant Barilo, long-afflicted by diabetes mellitus and other chronic illnesses was detained by the Government of Ukraine. She alleged that she was deprived of her liberty in contravention of the European Convention on Human Rights, particularly Articles 3, 5, and 13. In June 2006, Barilo was arrested on charges instituted three days earlier by …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Degrading treatment,
Detainee,
Detention,
Diabetes,
Examination,
Health facilities,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhumane treatment,
Noncommunicable diseases,
Testing
Country:
Norway Year: 2013
Court: The European Court of Human Rights
Citation: Applications nos. 52806/09 and 22703/10)
Health Topics:
Chronic and noncommunicable diseases,
Health information,
Occupational health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right of access to information,
Right to family life,
Right to life Facts: The applicants were five Norwegian nationals, a Swedish national and an Icelandic national. The applicants developed health problems such as obstructive lung diseases and Post Traumatic Stress Disorder (PTSD) and became disabled. This had happened as a result of their deep diving jobs. They alleged that the working conditions and compromising safety had lead to …Read more
Tags: Awareness,
Confidentiality,
Disclosure,
Lung disease,
Neurological diseases,
Noncommunicable diseases,
Occupational accident,
Occupational disease,
Occupational hazards,
Occupational health and safety,
Pulmonary diseases,
Respiratory diseases,
Safe working conditions,
Workers' compensation
Country:
Ireland Year: 2013
Court: Human Rights Committee
Citation: CCPR/C/116/D/2324/2013
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right of access to information,
Right to bodily integrity,
Right to health,
Right to privacy Facts: The author of the communication stated that she became pregnant in 2011 and in her 21st week, she was informed that the foetus had congenital heart defects. She was further informed that the impairment might prove to be fatal. However the hospital told her that abortion was not possible in the current jurisdiction (Ireland) and …Read more
Tags: Abortion,
Abortion counseling,
Abortion technique,
Access to health care,
Access to treatment,
Awareness,
Children,
Clinics,
Freedom of information,
Health expenditures,
Health facilities,
Health funding,
Health insurance,
Health regulation,
Health spending,
Infant health,
Infant mortality,
Minor,
Out-of-pocket expenditures,
Pediatric health,
Private hospitals,
Public hospitals,
Reimbursement,
Termination of pregnancy,
Trauma
Country:
Bulgaria Year: 2013
Court: The European Court of Human Rights
Citation: CASE OF DIMITAR SHOPOV v. BULGARIA (Application no. 17253/07)
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life Facts: The applicant, a Bulgarian National, lodged a claim against the Republic of Bulgaria alleging that its authorities had failed to effectively investigate an assault against him by private individuals. The applicant was involved in a fight between several people on 1 May 1991 in which he was stabbed, admitted to hospital and underwent an urgent …Read more