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419 judgments found.
Country:
United Kingdom Year: 1997
Court: European Court of Human Rights
Citation: App. No. 22520/93, 27 Eur. H.R. Rep. 296 (1999).
Health Topics:
Health care and health services,
Mental health,
Prisons,
Public safety Human Rights: Freedom of movement and residence,
Right to due process/fair trial,
Right to health,
Right to liberty and security of person Facts: Applicant was a British national suffering from mental illness whilst on prison remand in 1984. He had served sentences for various physical assault convictions. The court imposed a hospital order on the applicant and subjected him to a heightened restriction order for the protection of the public from serious harm under the 1983 Mental Health …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Custody,
Detainee,
Detention,
Involuntary commitment,
Involuntary confinement,
Mandatory confinement,
Mental disorder,
Mental illness,
Mental institution,
Paranoia,
Psychiatry,
Psychology,
Schizophrenia
Country:
Sweden Year: 1997
Court: European Court of Human Rights
Citation: App. No. 20022/92, 25 Eur. H.R. Rep. 722 (1998).
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Health systems and financing,
Mental health Human Rights: Right to due process/fair trial,
Right to privacy Facts: Applicant, a Swedish national who lived with her youngest son was unable to work as a result of dental problems which caused her severe pain, and anxiety about a dispute with her landlord. She contacted a psychiatric clinic in order to receive a medical certificate which would enable her to claim sickness benefit from the …Read more
Tags: Confidentiality,
Counseling,
Disclosure,
Health data,
Health records,
Health regulation,
Medical records,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Non-disclosure,
Notification,
Psychiatry,
Psychology,
Secrecy,
Social security,
Subsidies
Country:
Sweden Year: 1997
Court: European Court of Human Rights
Citation: App. No. 20837/92, Eur. Ct. H.R. 49 (1997).
Health Topics:
Health information,
Health systems and financing,
Occupational health Human Rights: Right to due process/fair trial,
Right to privacy Facts: Applicant was a Swedish citizen who slipped and fell at work. She made a claim for compensation under the Industrial Injury Insurance Act from the State Insurance Office. The applicant’s lawyer made a routine request for her file and it was revealed that the State Office had been in correspondence with the women’s clinic and …Read more
Tags: Abortion,
Compensation,
Confidentiality,
Disclosure,
Health data,
Health records,
Job safety,
Medical records,
Occupational accident,
Occupational hazards,
Occupational health and safety,
Workers' compensation
Country:
Jamaica Year: 1997
Court: United Nations Human Right Committee
Citation: Communication No 609/1995, U.N. Doc. CCPR/C/61/D/609/1995 (4 November 1997)
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 health Facts: Williams (W) was convicted of murder and sentenced to death in December 1988. His appeal was dismissed in December 1990 and a senior lawyer advised him that an application to the judicial committee of the privy council for special leave to appeal would have no prospect of success. An appeal against the classification of his …Read more
Tags: Access to health care,
Access to treatment,
Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Execution,
Humiliating treatment,
Imprisonment,
Incarceration,
Inmate,
Insanity,
Mental illness,
Prison conditions,
Schizophrenia
Country:
Turkey Year: 1997
Court: European Court of Human Rights
Citation: Application No. 23186/94
Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to family life,
Right to liberty and security of person Facts: Mentes (M), T1, T2 and U lived in a village in south-east Turkey, the first three in its lower neighbourhood and the fourth in a separate hamlet. 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 …Read more
Tags: Armed conflict,
Cruel treatment,
Degrading treatment,
Inhuman treatment,
Military,
Terrorism
Country:
Rwanda Year: 1996
Court: African Commission on Human and Peoples' Rights
Citation: (2000) AHRLR 282 (ACHPR 1996); Communications 27/89, 49/91 and 99/93
Health Topics:
Prisons Human Rights: Freedom from discrimination,
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,
Right to life Facts: Various communications alleged that: (1) Burundian nationals, who had been refugees in Rwanda for several years, were told they had one month to leave the country as they were considered national risks risks due to their “subversive activities”. The refugees were not able to challenge the expulsion in court (2) arbitrary arrests and summary executions …Read more
Tags: Detainee,
Detention,
Execution,
Imprisonment,
Inhuman treatment,
Torture
Country:
United States Year: 1996
Court: 9th Circuit Court of Appeal
Citation: 95 F.3d 864 (1996)
Health Topics:
Disabilities,
Health information,
Informed consent Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to privacy Facts: Plaintiff, Yin, brought an action against her employer, the State of California Employment Department, to prohibit them from requiring her to release her medical records, submit to an examination, and be subject to discipline for refusing to do so. Yin had a “prolonged and egregious history of absenteeism and a record of on-the-job illnesses.” She …Read more
Tags: Compulsory testing,
Confidentiality,
Disclosure,
Employment,
Health data,
Health information,
Involuntary testing,
Mandatory testing,
Medical records,
Non-consensual testing and treatment,
Non-disclosure,
Secrecy
Country:
Peru Year: 1996
Court: Inter-American Commission on Human Rights
Citation: Martín de Mejía v. Perú, Case 10.970, Report No. 5/96, Inter-Am.C.H.R., OEA/Ser.L/V/II.91 Doc. 7 at 157 (1996).
Health Topics:
Mental health,
Sexual and reproductive health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life,
Right to privacy Facts: A group of armed persons with their faces covered by masks violently entered the home of the Mejías, abducted Mr. Mejías and later returned to the house, apparently to ask Mrs. Mejías for her husband’s identity documents. While she looked for them, one of the men followed her into the room and told her that …Read more
Tags: Assault,
Forced disappearance,
Military,
Rape,
Sexual abuse,
Sexual assault,
Sexual violence,
Terrorism,
Torture
Country:
Denmark Year: 1996
Court: European Court of Human Rights
Citation: App. No. 20826/92, 22 Eur. H.R. Rep. 458 (1996).
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Hospitals,
Infectious diseases,
Medical malpractice Human Rights: Right to due process/fair trial Facts: The applicants were Danish citizens infected with HIV through State administered blood transfusions, who filed a violation of Article 6 of the Convention (right to court) claim. Eight of the applicants were victims and two were relatives of victims, who through frequent blood transfusions at Danish Hospitals were infected with HIV. The eight applicants/victims joined …Read more
Tags: Access to health care,
Access to treatment,
AIDS,
Blood transfusion,
Health regulation,
HIV,
HIV positive,
HIV status,
Inappropriate treatment,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
Standard of care,
Testing
Country:
Turkey Year: 1996
Court: European Court of Human Rights
Citation: Judgment of the ECtHR, 18 December 1996
Health Topics:
Disasters and emergencies,
Health care and health services,
Medical malpractice,
Prisons,
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: Aksoy (A) claimed that in November 1992 he was taken into custody by twenty policemen after M (another detainee with them) had allegedly identified him as a member of the PKK which was engaged in a conflict with security forces for Kurdish autonomy. This conflict had resulted in nearly 8,000 deaths and there was a …Read more
Tags: Abuse,
Access to health care,
Access to treatment,
Armed conflict,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Execution,
Health care professionals,
Health care workers,
Humiliating treatment,
Incarceration,
Inhuman treatment,
Inmate,
Law enforcement,
Prison conditions,
Torture
Country:
Norway Year: 1996
Court: European Court of Human Rights
Citation: Case No. 24/1995/530/616, August 7, 1996
Health Topics:
Child and adolescent health,
Controlled substances,
Mental health,
Violence Human Rights: Right to due process/fair trial,
Right to family life Facts: Johansen (J) gave birth to a son, C, in 1977 when she was seventeen years old and they became dependent on social assistance. From 1980 onwards she cohabited with a man who was sentenced to two years’ imprisonment for drug offences in 1983 and who mistreated her and C. The welfare authorities assisted J on …Read more
Tags: Alcohol,
Child development,
Children,
Domestic abuse,
Domestic violence,
Drug abuse,
Drug use,
Mental disorder,
Mental illness,
Minor,
Substance abuse
Country:
United Kingdom Year: 1996
Court: European Court of Human Rights
Citation: Application No. 22083/93; 22095/93
Health Topics:
Child and adolescent health,
Violence Human Rights: Right to due process/fair trial,
Right to privacy Facts: Stubbings was born in 1957, placed in the care of Mr. and Mrs. W by a local authority when she was two years old, and adopted by them when she was three. She alleged that she was sexually assaulted by Mr. W and committed acts of indecency at his instigation on a number of occasions …Read more
Tags: Assault,
Child development,
Children,
Domestic abuse,
Rape,
Sexual abuse,
Sexual assault
Country:
Congo, DRC Year: 1995
Court: African Commission on Human and Peoples' Rights
Citation: Communications 25/89, 47/90, 56/91, 100/93 (joined)
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of religion,
Right to due process/fair trial,
Right to education,
Right to health,
Right to liberty and security of person,
Right to life Facts: Members of the World Organization Against Torture filed Communication 25/89 with the African Commission for Human and People’s Rights (‘the Commission’) in March 1989 alleging torture of 15 detained persons by a military unit in the Democratic Republic of Congo (‘the DRC’). The Lawyers’ Committee for Human Rights in New York filed Communication 47/90 with …Read more
Tags: Torture
Country:
Argentina Year: 1995
Court: Human Rights Committee
Citation: Mónaco de Gallicchio v. Arg., U.N. H.R. Comm., U.N. Doc. CCPR/C/53/D/400/1990 (Apr. 27, 1995).
Health Topics:
Child and adolescent health,
Health information,
Mental health Human Rights: Right to due process/fair trial,
Right to family life,
Right to privacy Facts: Grandmother of a child orphaned at the hands of the military government of Argentina who was then falsely adopted filed claims against the government citing ICCPR Articles 7 (freedom from torture, including psychological), 23 (family) and 24 (child protections) rights violations. Ximena Vicario’s parents disappeared when she was 9 months old and she was cared …Read more
Tags: Child development,
Forced disappearance,
Health records,
Medical records,
Psychology,
Torture
Country:
Belgium Year: 1995
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1995-080f, 14 December 1995
Health Topics:
Health systems and financing Human Rights: Freedom from discrimination,
Freedom of association,
Right to due process/fair trial,
Right to property Facts: The petitioners challenged Article 28 of the law dated March 30, 1994, which instituted a system intended to guarantee the claims of the National Institute for Health an Disability Insurance (“INAMI”) on clinical pathology laboratories. The provisions at issue “[allowed] the health treatment Service of INAMI to require insuring organizations to retain the amounts that …Read more
Tags: Budget,
Health expenditures,
Health insurance,
Reimbursement,
Social security
Country:
Spain Year: 1995
Court: United Nations Human Rights Committee
Citation: U.N. H.R. Comm., U.N. Doc. CCPR/C/53/D/493/1992 (Apr. 5, 1995).
Health Topics:
Controlled substances,
Mental health,
Prisons Human Rights: Freedom from discrimination,
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 privacy Facts: The petitioner, a Canadian citizen, was arrested along with two acquaintances when the group attempted to enter Spain with large quantities of hashish concealed in their vehicle. The petitioner claimed to have no knowledge of the contraband, and his acquaintances also told police that he was innocent of any wrongdoing. Nevertheless, the examining magistrate incarcerated …Read more
Tags: Abuse,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Drug use,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
People who use drugs,
Police,
Prison conditions,
Torture
Country:
Poland Year: 1995
Court: European Court of Human Rights
Citation: App. No. 26614/95, 31 Eur.H.R. Rep. 53 (2001).
Health Topics:
Health care and health services,
Prisons Human Rights: Right to due process/fair trial Facts: The applicant, a Polish national, was convicted in the Gdańsk Regional Court for participating in an illegal assembly. Subsequently, the applicant requested an unspecified amount of damages for injuries he allegedly sustained during his detainment resulting from a separate criminal proceeding. The Gdańsk Regional Court asked him to specify the amount of damages and produce …Read more
Tags: Custody,
Detention,
Imprisonment,
Incarceration,
Inmate
Country:
Finland Year: 1995
Court: European Court of Human Rights
Citation: App. No. 17506/90, 32 Eur. H.R. Rep. 8 (2001).
Health Topics:
Disabilities,
Health systems and financing,
Occupational health Human Rights: Right of access to information,
Right to due process/fair trial Facts: The applicant was a Finnish national who had retired from the military after receiving a shrapnel wound in his back during his service in the wars between Finland and the Soviet Union. Although the State Office for Accident Compensation (Compensation Office) acknowledged that the shrapnel wound was a “military injury” for purposes of compensation under …Read more
Tags: Compensation,
Disabled,
Employment,
Handicapped,
Military,
Notification,
Occupational hazards,
Occupational health and safety,
Physically challenged,
Social security,
Workers' compensation
Country:
United Kingdom Year: 1995
Court: European Court of Human Rights
Citation: App. No. 16424/90, 20 Eur. H.R. Rep. 205 (1995).
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Mental health Human Rights: Right to due process/fair trial,
Right to family life,
Right to privacy Facts: Both applicants were living together as a couple and later got married. They both suffer from a history of mental illness. Mrs. McMichael gave birth to a son, A. She had a history of severe and recurrent mental illness and, on advice that the child would be at risk if he were to go home …Read more
Tags: Child development,
Children,
Confidentiality,
Disclosure,
Mental disability,
Mental disorder,
Mental illness,
Minor,
Non-disclosure
Country:
Jamaica Year: 1995
Court: United Nations Humans Right Committee
Citation: Communication No 606/1994
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 health Facts: Francis (F) had been convicted of murder and sentenced to death in February 1980. An appeal was dismissed in November 1981 and in October 1987 a note of the oral judgment was produced but nothing written was issued. His lawyers had apparently stated that they could find no grounds to argue on his behalf with …Read more
Tags: Abuse,
Access to health care,
Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Execution,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Insanity,
Mental disorder,
Mental illness,
Paranoia,
Prison conditions,
Psychiatry
Country:
Jamaica Year: 1995
Court: United Nations Human Rights Committee
Citation: Communication Nos. 464 & 482/1991
Health Topics:
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial Facts: Peart and Peart (A and G) were convicted of murder and sentenced to death in 1988. They claimed that their conviction was based on the uncorroborated evidence of an eyewitness, evidence which had conflicted with a written statement previously made to the police but which they had not been allowed to see before or during …Read more
Tags: Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detention,
Execution,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Law enforcement,
Prison
Country:
Jamaica Year: 1995
Court: United Nations Human Rights Committee
Citation: Communication No. 541/1993
Health Topics:
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial Facts: Simms (S) was awaiting execution following his conviction for murder in 1988 which was based on identification evidence. S complained about weaknesses in the identification evidence, the failure of the judge to direct the jury properly about that evidence, the inadequacy of the representation provided by his legal aid lawyer, the absence of an opportunity …Read more
Tags: Abuse,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail
Country:
Australia Year: 1994
Court: United Nations Human Rights Committee
Citation: CCPR/C/50/D/488/1992
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: Nicholas Toonen was a gay man, HIV/AIDS activist, and LGBT rights activist living in Tasmania. Tasmania criminalized same-sex sexual conduct among men under ss 122 and 123 its criminal code; it was the last remaining state or territory of Australia to do so, the remainder having repealed such laws. Toonen brought a communication before the …Read more
Tags: Access to health care,
Access to treatment,
AIDS,
Awareness,
Criminalization,
Gay,
Health education,
Health promotion,
HIV,
HIV positive,
HIV status,
Homosexual,
Law enforcement,
LGBTI,
Most-at-risk,
People living with HIV/AIDS,
PLHIV,
Queer,
Sexual orientation,
Sodomy
Country:
United States Year: 1994
Court: 6th Circuit Court of Appeal
Citation: 21 F.3d 733 (1994)
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Infectious diseases,
Medicines,
Prisons Human Rights: Right of access to information,
Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: The Appellant, Doe, a prisoner incarcerated in Kentucky, brought this challenge alleging his constitutional rights under the Eighth and Fourteenth Amendments were violated by Policy 13.5 (the Policy), a Kentucky rule which restricted the eligibility of inmates for “at-request” HIV testing. In January 1989, at an initial medical screening following his incarceration, Doe requested that …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Antiretrovirals,
ARVs,
Confidentiality,
Cruel and unusual punishment,
Detention,
Disclosure,
Examination,
First-line treatment,
Health data,
Health information,
Heart disease,
Imprisonment,
Inmate,
Jail,
Medical records,
Non-disclosure,
Noncommunicable diseases,
Pharmaceuticals,
Second-line treatment,
Secondary care,
Secrecy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Tertiary care,
Torture
Country:
United Kingdom Year: 1994
Court: European Commission on Human Rights
Citation: Application No. 17821/91
Health Topics:
Health care and health services,
Mental health,
Prisons Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: The applicant, a British citizen, claimed violations of sections one and four of Article 5 of the European Convention on Human Rights (the “Convention”) related to his involuntary recall to medical detention by the Home Secretary. In 1970, the applicant raped and killed his twelve year old neighbor. In January of 1971, the applicant pled …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Custody,
Detainee,
Detention,
Examination,
Imprisonment,
Incarceration,
Inmate,
Involuntary commitment,
Involuntary confinement,
Jail,
Mandatory commitment,
Mandatory confinement,
Mental disorder,
Mental illness,
Mental institution,
Psychiatry,
Psychology
Country:
United Kingdom Year: 1994
Court: European Commission on Human Rights
Citation: Application No. 22162/93
Health Topics:
Prisons,
Public safety Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy,
Right to property Facts: The applicant was serving a sentence of life imprisonment in HM Prison Stocken. He had been convicted of the murder of an elderly man in 1972 and received a mandatory sentence of life imprisonment. The applicant’s sentence was reviewed by the Parole Board in or about 1984. A release date was apparently set and he …Read more
Tags: Custody,
Detainee,
Detention,
Imprisonment,
Incarceration,
Inmate,
Jail,
Threat of violence,
Torture