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419 judgments found.
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
Country:
United States Year: 2001
Court: 3rd Circuit Court of Appeal
Citation: 257 F.3d 309 (2001)
Health Topics:
Health information,
HIV/AIDS,
Infectious diseases,
Prisons Human Rights: Right to due process/fair trial,
Right to privacy Facts: The Appellant, Doe, an HIV-positive former inmate of the State Correctional Institution at Pittsburgh (SCIP), brought this claim against SCIP officials, alleging that prison practices violated his constitutional right to privacy under the Fourteenth Amendment to the Constitution. SCIP medical staff informed Doe that his HIV status would be kept confidential. However, because of practices …Read more
Tags: AIDS,
Confidentiality,
Detention,
Disclosure,
Health information,
HIV,
HIV positive,
HIV status,
Imprisonment,
Incarceration,
Inmate,
Jail,
Medical records,
Non-disclosure,
People living with HIV/AIDS,
PLHIV,
Secrecy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Torture
Country:
Turkey Year: 2001
Court: European Court of Human Rights
Citation: Application No. 25781/94; (2002) 35 EHRR 30; [2001] ECHR 327
Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of association,
Freedom of expression,
Freedom of movement and residence,
Freedom of religion,
Right to due process/fair trial,
Right to family life,
Right to health,
Right to life,
Right to privacy,
Right to property,
Rights to the benefits of culture Facts: Cyprus lodged an application against Turkey for alleged violations of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) which occurred during and after the Turkish military operations in Cyprus in 1974 and the subsequent 1983 establishment of the “Turkish Republic of Northern Cyprus” (“TRNC”). Cyprus alleged that Turkey was responsible …Read more
Tags: Access to health care,
Cruel treatment,
Degrading treatment,
Execution,
Humiliating treatment,
Immigration,
Inhuman treatment,
Migrants
Country:
United Kingdom Year: 2001
Court: Privy Council
Citation: [2001] UKPC D5
Health Topics:
Mental health,
Public safety Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: The three applicants were mental patients held in state hospitals who had been convicted of homicide. At the time of their convictions, the medical view was that all psychiatric conditions were treatable to an extent. However, relevant medical knowledge had moved on, and medical advice was now that the conditions of the three applicants were …Read more
Tags: Compulsory confinement,
Involuntary commitment,
Involuntary confinement,
Mandatory confinement,
Mental disability,
Mental disorder,
Mental illness,
Mental institution
Country:
United Kingdom Year: 2001
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2001] EWCA Civ 1935
Health Topics:
Aging Human Rights: Right to due process/fair trial,
Right to family life,
Right to housing,
Right to privacy Facts: Residents of a residential elderly care facility sought judicial review of a decision to close the facility. Plymouth City Council (“Plymouth”), the owner and operator of several residential elderly care facilities, decided to close two of its facilities, including Granby Way, the home of the eight claimants. The claimants sought judicial review of Plymouth’s decision. …Read more
Tags: Aged persons,
Elderly,
Forced displacement,
Long-term care,
Nursing home,
Older persons,
Senior citizens
Country:
El Salvador Year: 2001
Court: Inter-American Commission on Human Rights
Citation: Miranda Cortez v. El Sal., Case 12.249, Inter-Am. Comm’n H.R., Report No. 29/01, OEA/Ser.L/V/II.111 Doc. 20 rev. at 284 (2000).
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Infectious diseases,
Medicines Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to health,
Right to life Facts: Applicant filed this petition on behalf of himself and 26 other HIV infected persons against the State of El Salvador alleging Article 26 of the American Convention (the right to health) violation for failing to provide HIV triple therapy medication they needed to prevent death and to improve their quality of life. Petitioner maintains that …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Cruel treatment,
Degrading treatment,
Diagnostics,
Examination,
First-line treatment,
HIV,
HIV positive,
HIV status,
Inhuman treatment,
People living with HIV/AIDS,
Pharmaceuticals,
PLHIV,
Second-line treatment,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Torture,
Transmission
Country:
Belgium Year: 2001
Court: Cour d'arbitrage [Constitutional Court of Belgium]
Citation: C. C., n°2001-133f, 30 October 2001
Health Topics:
Health systems and financing Human Rights: Freedom from discrimination,
Right to due process/fair trial Facts: The National Institute for Health and Disability Insurance’s Medical Control Service asked the Court of Arbitration a preliminary question on articles 141, 146 and 156 of the Law relating to mandatory healthcare and benefits insurance (“Law”), concerning their potential violation of articles 10 and 11 of the Belgian Constitution, and correspondingly, of article 6 of …Read more
Tags: Health funding,
Health insurance,
Health regulation,
Out-of-pocket expenditures,
Reimbursement,
Subsidies
Country:
Brazil Year: 2001
Court: Inter-American Commission on Human Rights
Citation: Maria da Penha Maia Fernandes v. Brazil, Case 12.051, Inter-Am. Comm’n H.R., Report No. 54/01, OEA/Ser./L/V/II.111 doc. 20 rev. (2001).
Health Topics:
Mental health,
Violence Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to due process/fair trial,
Right to life Facts: Maria da Penha Maia Fernandes was physically abused by her husband, Mr. Heredia Viveiros, for many years. In May 1983, he shot her while she was sleeping in an attempt to murder her. She survived but sustained serious injuries and became paraplegic. Two weeks after the shooting, he attacked her again and at that moment …Read more
Tags: Assault,
Domestic abuse,
Domestic violence,
Violence against women
Country:
United Kingdom Year: 2001
Court: European Court of Human Rights
Citation: App. No. 27229/95, 33 Eur. H.R. Rep. 913 (2001).
Health Topics:
Health care and health services,
Health systems and financing,
Medical malpractice,
Medicines,
Mental health,
Prisons 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 life Facts: The applicant brought an action on behalf of her mentally ill son, Mark Keenan, who killed himself in prison, alleging the State was in violation of Articles 2 (right to life), 3 (prohibition of torture) and 13 (right to an effective remedy) of the European Convention. The applicant alleged that her son, who was known …Read more
Tags: Compulsory confinement,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Imprisonment,
Incarceration,
Incompetence,
Inhuman treatment,
Inmate,
Involuntary commitment,
Involuntary confinement,
Isolation,
Jail,
Mandatory confinement,
Mental disorder,
Mental illness,
Paranoia,
Psychiatry,
Psychology,
Schizophrenia,
Seclusion,
Suicide,
Torture
Country:
Fiji Year: 2001
Court: High Court
Citation: No. HAC0012 of 2000L (unreported)
Health Topics:
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial Facts: N and four others were remanded in Natabua prison on 15th December 1999 on a charge of murder contrary to ss 199 and 200 of the Penal Code. In October 2000 the High Court refused the applicants’ request for bail whilst saying that if they were not released expeditiously it would have to reconsider the …Read more
Tags: Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Humiliating treatment,
Inhuman treatment,
Jail,
Prison conditions
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Country:
South Africa Year: 2001
Court: Constitutional Court
Citation: [2001] ZACC 18
Health Topics:
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life Facts: M is a Tanzanian citizen, who was residing in South Africa after obtaining a temporary residence permit, was wanted in the US on a number of capital charges in connection with the bombing of two US embassies in Africa. When seeking to renew his temporary residence permit, M was arrested, detained and questioned by South African immigration …Read more
Tags: Custody,
Detainee,
Detention,
Execution,
Immigration,
Migrants,
Terrorism
Country:
United States Year: 2000
Court: Supreme Court
Citation: 530 U.S. 924 (2000)
Health Topics:
Health care and health services,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: Carhart, a physician who performed abortions, brought suit challenging the constitutional validity of a Nebraska statute which prohibited non-lifesaving “partial birth abortions.” The statute defined this procedure as “deliberately and intentionally delivering into the vagina a living unborn child, or a substantial portion thereof, for the purpose of performing a procedure that the person performing …Read more
Tags: Abortion,
Abortion technique,
Access to treatment,
Criminalization,
Duty of care,
Family planning,
Maternal health,
Maternal mortality,
Negligence,
Partial birth abortion,
Pregnancy,
Termination of pregnancy,
Unsafe abortion
Country:
Mauritania Year: 2000
Court: African Commission on Human and Peoples' Rights
Citation: (2000) AHRLR 149 (ACHPR 2000); Communications 54/91, 61/91, 98/93, 164-196/97 and 210/98
Health Topics:
Diet and nutrition,
Disasters and emergencies,
Health care and health services,
Prisons,
Violence,
Water, sanitation and hygiene Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of association,
Freedom of expression,
Freedom of movement and residence,
Right to due process/fair trial,
Right to family life,
Right to favorable working conditions,
Right to food,
Right to health,
Right to liberty and security of person,
Right to life,
Right to property,
Right to work,
Rights to the benefits of culture Facts: Six communications jointly alleged that the Mauritanian state committed numerous human rights violations from 1986 to 1992. Specifically, the communications alleged that the State violated articles 2, 4, 5, 6, 7, 9, 10, 11, 12, 14, 16, 18, 19, and 26 of the African Charter on Human and Peoples’ Rights (“the Charter”), which came into …Read more
Tags: Abuse,
Access to health care,
Armed conflict,
Cleanliness,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Execution,
Forced displacement,
Humanitarian crisis,
Humiliating treatment,
Hunger,
Imprisonment,
Incarceration,
Inhuman treatment,
Malnutrition,
Military,
Prison conditions,
Rape,
Refugees,
Solitary confinement,
Starvation,
Torture
Country:
United States Year: 2000
Court: 10th Circuit Court of Appeal
Citation: 218 F.3d 1171 (2000)
Health Topics:
Health information,
HIV/AIDS,
Infectious diseases Human Rights: Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: The Appellant, Herring, brought this suit alleging a violation of his constitutional right to privacy after his federal probation officer, Keenan, improperly disclosed his HIV status to his sister and to his restaurant employer. In December 1993, Herring voluntarily informed his probation officer that he had taken an HIV test and that he might be …Read more
Tags: AIDS,
Confidentiality,
Disclosure,
Employment,
Health information,
HIV,
HIV positive,
HIV status,
People living with HIV/AIDS,
PLHIV,
Secrecy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
Nigeria Year: 2000
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 225/98 (2000).
Health Topics:
Health care and health services,
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of association,
Right of access to information,
Right to due process/fair trial,
Right to liberty and security of person,
Right to property Facts: Huri-Laws, a non-governmental organization registered in Nigeria, filed on behalf of the Civil Liberties Organisation (CLO), another Nigerian organization based in Lagos, a complaint claiming that the Federal Military Government of Nigeria harassed and persecuted the latter’s legal staff in various forms that violated provisions of the African Charter on Human and Peoples’ Rights (Charter). …Read more
Tags: Abuse,
Access to health care,
Access to treatment,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Military,
Prison conditions,
Torture
Country:
Bulgaria Year: 2000
Court: European Court of Human Rights
Citation: App. No. 31365/96, Eur. Ct. H.R. 457 (2000).
Health Topics:
Health care and health services,
Health systems and financing,
Informed consent,
Mental health Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: Applicant was accused of being mentally ill and dangerous. The District Prosecutor’s Office opened an inquiry. A police officer heard the applicant, who allegedly presented a document issued by a psychiatrist certifying that he was mentally fit. Later applicant refused an invitation by the prosecutor to undergo psychiatric examination therefore he was forcefully detained at …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Compulsory examination,
Compulsory treatment,
Forced examination,
Forced treatment,
Involuntary commitment,
Involuntary confinement,
Involuntary treatment,
Mandatory commitment,
Mandatory testing,
Mandatory treatment,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Non-consensual testing and treatment,
Paranoia,
Psychiatry
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
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
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
Country:
Norway Year: 2000
Court: European Court of Human Rights
Citation: App. No. 26132/95, 31 Eur. H.R. Rep. 16 (2001).
Health Topics:
Health care and health services,
Health information,
Health systems and financing,
Medical malpractice Human Rights: Freedom of expression,
Right to due process/fair trial Facts: A plastic surgeon, Dr R., brought defamation proceedings against a major Norwegian newspaper, Bergens Tidende, as well as against the newspaper’s former editor-in-chief and a journalist employed at the paper. Dr. R. claimed that the applicants had published a series of articles recounting complaints of dissatisfied patients that portrayed his care and follow-up treatment as …Read more
Tags: Awareness,
Confidentiality,
Freedom of information,
Inappropriate treatment
Country:
United Kingdom Year: 2000
Court: European Court of Human Rights
Citation: App. No. 35718/97, 31 Eur. H.R. Rep. 1 (2001).
Health Topics:
Controlled substances Human Rights: Right to due process/fair trial Facts: The applicants, who were heroine addicts, had been arrested and convicted for drug related offences. Upon their arrest, the solicitor had maintained that they were unfit to be interviewed as they were displaying early stages of heroine withdrawal. However, the Force Medical Examiner assessed both applicants as fit to be interviewed. Both applicants failed to …Read more
Tags: Addiction,
Drug abuse,
Drug enforcement,
Drug use,
Heroin,
Law enforcement,
People who use drugs,
Police,
Substance abuse
Country:
Canada Year: 2000
Court: Supreme Court
Citation: (2000) 191 DLR (4th ) 539; [2000] 1 LRC 536
Health Topics:
Health information Human Rights: Right to due process/fair trial,
Right to privacy Facts: D was charged under s 271 of the Criminal Code with sexual assault. During the trial, D sought to introduce evidence of the complainant’s prior sexual activity pursuant to ss 276, 276.1 and 276.2 of the Criminal Code. Section 276 categorically prohibits evidence of a complainant’s sexual history when it is used to support one of …Read more
Tags: Non-disclosure
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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Country:
Belarus Year: 2000
Court: United Nations Human Rights Committee
Human Rights: Freedom of expression,
Right to due process/fair trial Facts: The claimant argued that his freedom of expression as guaranteed under Article 19, Paragraph 2 of the International Covenant on Civil and Political Rights (the Covenant) was violated by Belarus after he distributed leaflets leafleted for the anniversary of the proclamation of independence of the People’s Republic of Belarus. He claimed that the administrative Commission …Read more
Country:
United Kingdom Year: 2000
Court: The European Court of Human Rights
Citation: CASE OF KHAN v. THE UNITED KINGDOM
Health Topics:
Controlled substances Human Rights: Right to due process/fair trial,
Right to family life,
Right to privacy Facts: The applicant was a United Kingdom national and on his arrival at Manchester from Pakistan with N, N was found possessing heroin with the value of 100,000 pounds sterling. The applicant was released as he hadn’t possessed heroin. The police installed a listening device on B’s (a friend of the applicant’s) house without his knowledge, …Read more