Loading, please wait...
306 judgments found.


Bures v The Czech Republic

Country: Czech Republic
Year: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1819
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Hospitals, Informed consent, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

This case concerned an application against the Czech Republic lodged with the European Court of Human Rights (ECHR) under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The applicant alleged that he was ill-treated in a sobering-up centre in violation of Article 3 of the Convention, and …Read more

Tags: Compulsory commitment, Compulsory treatment, Controlled substances, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hospitals, Informed consent, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mental disability, Mental health, Mental institution, Neurological diseases, Psychiatry, Psychology, Psychosis, Psychotropic drugs, Rehabilitation, Torture
Download Judgment: English

Koryak v. Russia

Country: Russia
Year: 2012
Court: The European Court of Human Rights
Citation: Application number 24677/10
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, 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 applicant was arrested and convicted of murder. The applicant alleged that he had not received proper medical attention while in detention and his detention and refusal to release despite his serious medical condition amounted to cruel treatment. He was sentenced to ten years of imprisonment in 2004. The applicant had been suffering from Tuberculosis …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Health facilities, HIV, HIV positive, HIV status, Imprisonment, Inhuman treatment, Inmate, Jail, Lung disease, People living with HIV/AIDS, PLHIV, Prison conditions, TB, Tuberculosis
Download Judgment: English

The Centre for Human Rights (University of Pretoria) and La Rencontre Africaine pour la Defense des Droits de l’Homme (Senegal) v Government of Senegal

Country: Senegal
Year: 2012
Court: The African Committee of Experts on the Rights and Welfare of the Child
Citation: Decision N° 003/Com/001/2012
Health Topics: Child and adolescent health, Diet and nutrition, Poverty, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to education, Right to health, Right to liberty and security of person
Facts:

The Centre for Human Rights and the La Rencontre Africaine pour la Defense des Droits de l’Homme submitted a communication to the African Committee of Experts on the Rights and Welfare of the Child in relation to the condition of some schools in Senegal. More than 100,000 children were forced to beg on the streets …Read more

Tags: Assault, Child development, Children, Malnutrition, Poor, Sexual abuse, Sexual assault, Sexual violence, Starvation, Underprivileged
Download Judgment: English

Valeriy Samoylov v. Russia

Country: Russia
Year: 2012
Court: The European Court of Human Rights
Citation: CASE OF VALERIY SAMOYLOV v. RUSSIA
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

The applicant was a Russian national who had been convicted of large scale embezzlement in an organized criminal group and abuse of power. After the investigation in to the crime began, an order by the investigator prohibited the applicant from leaving town and behave good as he had failed to comply with summons for interviews …Read more

Download Judgment: English

Gorobet v. Moldova

Country: Moldova
Year: 2012
Court: The European Court of Human Rights
Citation: CASE OF GOROBET v. MOLDOVA
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

The applicant was a Moldovan national. He was taken to a psychiatrist hospital from his house on 25 February 2008 by police officers. In the hospital, he was placed with patients with serious mental disorders, he wasn’t given the chance to contact his lawyer or his family despite his repeated requests, and injections had been administered …Read more

Download Judgment: English

Nenova et al. v. Libya

Country: Libya
Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication No. 1880/2009
Health Topics: HIV/AIDS, Medical malpractice, Prisons, Public safety
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Four out of the five claimants in this case arrived in Libya between February 1998 and February 1999 to work as members of a Bulgarian medical team at Al-Fatah pediatrics hospital; the other claimant had arrived in Libya in 1991 and had been working at a different hospital. On 9 February 1999, the authors together …Read more

Download Judgment: English

Pro Familia Asociación Civil v. Gobierno Ciudad Autónoma de Buenos Aires et al.

Country: Argentina
Year: 2012
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 783. XLVIII.
Health Topics: Hospitals, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to liberty and security of person, Right to privacy
Facts:

The plaintiff filed a suit to the First Instance Contentious Administrative and Tributary Court of the City Buenos Aires [Juzgado N° 14 Contencioso Administrativo y Tributario de la Ciudad Autónoma de Buenos Aires] against the City of Buenos Aires [Ciudad Autónoma de Buenos Aires] to obliged them to declare the nullity of the Resolution N° 1174 MSGC-07 …Read more

Tags: Abortion, access to abortion, Legal Abortion, Patient choice, Right to Privacy, sexual and reproductive rights
Download Judgment: Spanish

Mankayi v. AngloGold Ashanti Ltd.

Country: South Africa
Year: 2011
Court: Constitutional Court
Citation: [2011] ZACC 3; 2011 (5) BCLR 453 (CC) ; 2011 (3) SA 237 (CC) ; [2011] 6 BLLR 527 (CC) ; (2011) 32 ILJ 545 (CC)
Health Topics: Chronic and noncommunicable diseases, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to liberty and security of person, Right to social security, Right to work
Facts:

Mr Mankayi brought an action for delictual (tort) damages against AngloGold Ashanti Limited (AngloGold). While working as an underground mineworker between January 1979 and September 1995, Mr Mankayi claimed to have been exposed to harmful dusts and gases that led to his contracting tuberculosis and a chronic obstructive airway condition; these ailments rendered him unable …Read more

Tags: Employment, Lung disease, Noncommunicable diseases, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Pulmonary diseases, Respiratory diseases, TB, Tuberculosis, Workers' compensation
Download Judgment: English

NASA v. Nelson

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 746 (2011)
Health Topics: Controlled substances, Health information
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

This case involved a challenge to background checks for government jobs on the basis of constitutional privacy.  Nelson and twenty-seven other federal contract employees, working for NASA at a government laboratory at the California Institute of Technology, claimed that two elements of a standard employment background investigation violated their constitutional rights:  a questionnaire that asked …Read more

Tags: Confidentiality, Disclosure, Drug abuse, Drug use, Health data, Health information, Health records, Medical records, Non-disclosure, People who use drugs, Secrecy, Substance abuse
Download Judgment: English

Canada (Attorney General) v. PHS Community Services

Country: Canada
Year: 2011
Court: Supreme Court
Citation: [2011] 3 S.C.R. 134; [2011] S.C.C. 44
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Right to liberty and security of person, Right to life
Facts:

Insite was a medical facility that supervised intravenous drug use. It was established in response to escalating intravenous drug use and a rise in HIV/AIDS and hepatitis C infections among the population of the downtown eastside (DTES) area of Vancouver. In 2003, pursuant to section 56 of the Controlled Drug and Substances Act (CDSA), which …Read more

Tags: Access to health care, Access to treatment, Addiction, AIDS, Clinics, Criminalization, Drug abuse, Drug use, Health facilities, Hepatitis, Heroin, HIV, IDUs, Injecting drug users, Most-at-risk, Opioids, People who use drugs, Rehabilitation, Substance abuse, Transmission
Download Judgment: English French

Rt 2011 s 666

Country: Norway
Year: 2011
Court: Supreme Court
Citation: Ref. HR-2011-2325-A
Health Topics: Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to liberty and security of person
Facts:

On the basis of information from A’s family, A’s primary physician requested that A be hospitalized as soon as possible at the Buskerud hospital. A’s primary physician was told by the physician at Buskerud hospital that in order for compulsory admission to occur A had to have been examined by an independent doctor within the …Read more

Tags: Compulsory commitment, Compulsory confinement, Duty of care, Health care professionals, Health facilities, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental illness, Mental institution, Non-consensual testing and treatment, Psychiatry, Psychology, Public hospitals
Download Judgment: English

Ibrahim Sangor Osman v. Minister of State for Provincial Administration and Internal Security

Country: Kenya
Year: 2011
Court: High Court of Kenya at Embu
Citation: (2011) eKLR (Kenya).
Health Topics: Diet and nutrition, Health care and health services, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to due process/fair trial, Right to housing, Right to liberty and security of person, Right to life, Right to water and sanitation
Facts:

The petitioners claimed that a group of armed police officers arrived on their land and without warning or a court order begun demolishing the houses and structures of the petitioners, leaving them homeless. Further, they alleged that police used tear gas and physical violence to evict the petitioners, who were resisting the demolition. The petitioners …Read more

Tags: Access to health care, Clean water, Drinking water, Food, Forced displacement, Police, Potable water, Refugees, Safe drinking water
Download Judgment: English

5000 Citizens v. Article 3 of Law Nº 28705

Country: Peru
Year: 2011
Court: Constitutional Court
Citation: 5000 Citizens v. Article 3 of Law Nº 28705, Tribunal Constitucional [Constitutional Court] July 19, 2011, EXP. N.º 00032-2010-PI/TC (Peru).
Health Topics: Tobacco
Human Rights: Right to health, Right to liberty and security of person
Facts:

5,000 Peruvian citizens presented an action before the Constitutional Court claiming the unconstitutionality of Article 3 of Law 28705, Law for the Prevention and Control of Tobacco Consumption Risks. This clause prohibits smoking in all health and educational establishments, public institutions, inside of work places, closed public places and any means of public transport, making …Read more

Tags: Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish

Kharchenko v. Ukraine

Country: Ukraine
Year: 2011
Court: European Court of Human Rights
Citation: Application no. 40107/02
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person
Facts:

K was named as a witness in a case brought against a company involving embezzlement. During the investigation, the prosecutor brought criminal charges against K for his suspected involvement in the embezzlement, and on 7 April 2001, K was detained by the authorities pursuant to the prosecutor’s order. The detention, based on a request of …Read more

Tags: Access to health care, Cruel and unusual punishment, Custody, Detainee, Detention, Heart disease, Jail, Prison conditions
Download Judgment: English Russian

Hadzic and Suljic v. Bosnia and Herzegovina

Country: Bosnia-Herzegovina
Year: 2011
Court: European Court of Human Rights
Citation: Application Nos. 39446/06 and 33849/08
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

Mr. Hadzic and Mr. Suljic were detained in the Psychiatric Annex of Zenica Prison. Each claimed that their detention was unlawful under Article 5, section 1 of the European Convention on Human Rights (“Convention”), which protects the right to liberty and security of person They argued that the Annex was not an appropriate institution for …Read more

Tags: Compulsory confinement, Custody, Detainee, Detention, Imprisonment, Incarceration, Inmate, Involuntary confinement, Jail, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Prison conditions, Seclusion
Download Judgment: English

Grand Justices Interpretation No. 690

Country:
Year: 2011
Court: Grand Justices Council
Citation: Judicial Yuan Interpretation No. 690 (Grand Justices Council Sept. 30, 2011) (Taiwan).
Health Topics: Hospitals, Infectious diseases, Public safety
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

According to Article 37 of the Communicable Disease Control Act, revised January 30, 2002, “Any person who had physical contacts with patients of contagious diseases, or suspected of being infected, shall be detained and checked by the competent authority, and if necessary, shall be ordered to move into designated places for further examinations, or to take …Read more

Tags: Custody, Detention, Infectious diseases
Download Judgment: English Chinese

Kinsella v. Governor of Mountjoy Prison

Country: Ireland
Year: 2011
Court: [2011] IEHC 235
Citation: [2011] IEHC 235
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

Kinsella, a prisoner in an Irish prison who alleged that his constitutional rights were violated by being placed in unlawful and inhuman prison conditions. While awaiting sentencing for a theft charge, Mr. Kinsella was a remand prisoner at Cloverhill Prison, where he shared a cell with three other prisoners in humane conditions. But after his …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detention, Humiliating treatment, Incarceration, Inhuman treatment, Inmate, Prison conditions, Solitary confinement
Download Judgment: English

Eastman v. Chief Executive of the Department of Justice and Community Safety

Country: Australia
Year: 2011
Court: The Supreme Court of the Australian Capital Territory
Citation: [2011] ACTSC 33
Health Topics: Chronic and noncommunicable diseases, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to liberty and security of person
Facts:

The plaintiff in this case was convicted of murder and sentenced to life imprisonment. He was transferred to the Alexander Maconochie Centre (AMC) to serve his sentence. His concern with the centre was three fold. First he wanted an order preventing two officers at the AMC from dealing with him as their treatment (usage of …Read more

Tags: Asthma, Degrading treatment, Humiliating treatment, Imprisonment, Passive smoking, Prison conditions, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking
Download Judgment: English

LOGVINENKO v. UKRAINE

Country: Ukraine
Year: 2011
Court: The European Court of Human Rights
Citation: CASE OF LOGVINENKO v. UKRAINE
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

The applicant was a Ukrainian national and lodged his claim to the European Court of Human Rights (the ECHR) on grounds that he had been subjected to inhuman and degrading treatment in violation of Article 3 of the European Convention on Human Rights (the Convention) due to the conditions of his detention in prison; lack …Read more

Download Judgment: English

A.B. v. RUSSIA

Country: Russia
Year: 2011
Court: The European Court of Human Rights
Citation: CASE OF A.B. v. RUSSIA
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, 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 applicant was a Russian national who was detained in a remand prison starting in May 2004 due to criminal charges of attempted swindling. His detention  had been prolonged a number of times upon prosecution’s request and he hadn’t been released on grounds that the offense was serious and he could abscond, engage in further …Read more

Download Judgment: English

Antunovic v. Dawson and Anr.

Country: Australia
Year: 2010
Court: Supreme Court of Victoria
Citation: (2010) 30 VR 355; [2010] VSC 377
Health Topics: Informed consent, Mental health
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

Zeljka Antunovic, 35 years of age, suffered from a mental illness for which she was treated involuntarily under a community treatment order issued pursuant to the Mental Health Act of 1986. She lived at the Northfolk Terrace Community Center Unit for some time before deciding she wished to return home to live with her mother. …Read more

Tags: Community-based care, Compulsory commitment, Compulsory treatment, Forced treatment, Health care professionals, Health care workers, Involuntary commitment, Involuntary treatment, Mandatory commitment, Mandatory treatment, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Psychiatry
Download Judgment: English

RIDCA Central (Regional Intellectual Disability Care Agency) v. VM

Country: New Zealand
Year: 2010
Court: Court of Appeal
Citation: [2010] NZCA 213
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

An order for compulsory care had been made for V.M. for two years, which was extended for an additional two years under s 85 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (“IDDCR Act”).  On appeal, the High Court found that the Family Court should not have granted the extension and quashed the …Read more

Tags: Compulsory commitment, Involuntary commitment, Mandatory commitment, Mandatory treatment, Mental disorder
Download Judgment: English

L v. RIDCA Central (Regional Intellectual Disability Care Agency)

Country: New Zealand
Year: 2010
Court: High Court
Citation: HC WN CIV-2010-485-1279
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The claimant (L), a 45-year-old woman with an intellectual disability, appealed a decision by the Family Court which had ordered a 12-month extension to the compulsory care order that L was under. The care order had been initially ordered under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (“IDCCR Act”) because of L’s violent …Read more

Tags: Compulsory commitment, Compulsory confinement, Health care professionals, Health care workers, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Psychiatry, Psychology
Download Judgment: English

Kingaipe and Chookole v. Attorney General

Country: Zambia
Year: 2010
Court: High Court at Livingstone
Citation: 2009/HL/86
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Informed consent
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to social security, Right to work
Facts:

Petitioners Stanley Kingaipe and Charles Chookole sued the Zambian Air Force (ZAF) alleging violations of their constitutional rights to liberty, privacy, life, protection from inhuman and degrading treatment, and protection from discrimination. They also alleged violations of their rights to adequate medical and health facilities and adequate educational opportunities contained in the Directive Principles of …Read more

Tags: AIDS, Examination, HIV, HIV positive, HIV status, Involuntary testing, Involuntary treatment, Most-at-risk, Non-consensual testing and treatment, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing, Unauthorized treatment
Download Judgment: English

Luis E. Lopez Medrano, et al. v. Peru

Country: Peru
Year: 2010
Court: Inter-American Commission on Human Rights
Citation: Luis E. Lopez Medrano, et al. v. Peru, P703-98, et al., Inter-Am. C.H.R., Report No. 9/10 (2010).
Health Topics: Mental health, Violence
Human Rights: 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
Facts:

This case deals with a number of petitions lodged against Peru alleging a violation of the rights to humane treatment, personal liberty, fair trial, privacy and judicial protection enshrined in Articles 5 (Right to humane treatment), 7 (Right to personal liberty), 8 (Right to a fair trial), 9 (Freedom from ex post facto laws), 11 …Read more

Tags: Military, Militias, Rape, Sexual abuse, Sexual assault, Sexual violence, Terrorism, Torture
Download Judgment: English Spanish

Aranzazu Meneses de Jiménez v. Colombia

Country: Colombia
Year: 2010
Court: Inter-American Commission on Human Rights
Citation: P2779-02, Inter-Am. C.H.R., Report No. 50/10 (2010).
Health Topics: Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to work
Facts:

Aranzazu Meneses de Jiménez, a General Service Operator at the Maria Inmaculada Hospital, filed a petition against the Republic of Colombia alleging a violation of article 4 (right to life), article 5 (right to humane treatment), and article 25 (right to judicial protection) of the American Convention on Human Rights and Articles 1, 2, 6 …Read more

Tags: Assault, Forced disappearance, Health care professionals, Health care workers, Militias
Download Judgment: English Spanish

Case 838

Country: Romania
Year: 2010
Court: Constitutional Court
Citation: Decision No. 838 of 24 June 2010
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person
Facts:

An explanatory statement challenged certain provisions of the Law No. 95/2006 on the Health Sector Reform (the “Health Law”) and the Governmental Ordinance No. 92/2003 on the Tax Procedure Code (the “Government Ordinance”) as being unconstitutional under the Romanian constitution (the “Constitution). These provisions provided for mandatory social security contributions and “[a]lthough allowing the functioning …Read more

Tags: Health expenditures, Health funding, Health insurance, Health spending, Social security, Subsidies
Download Judgment: English Romanian

STC 132/2010

Country: Spain
Year: 2010
Court: Constitutional Court
Health Topics: Child and adolescent health, Disabilities, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

A citizen appeared in the court of first instance, asking for judicial authorization to commit her uncle to a psychiatric hospital due to his mental disorders and alcoholism, in accordance with the first and second paragraphs of Article 763.1 of Law 1/2000 of the civil procedure code (“Art. 763.1”). The court of first instance remanded …Read more

Tags: Children, Compulsory commitment, Involuntary commitment, Mandatory commitment, Mental disorder, Mental illness, Mental institution
Download Judgment: English Spanish

Hajol v. Poland

Country: Poland
Year: 2010
Court: European Court of Human Rights
Citation: Hajol v. Poland, Application No. 1127/06, Eur. Ct. H.R. (2010).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

The applicant, Pawel Hajol, had been suffering from several illnesses including diabetes, arterial hypertension, and cirrhosis of the liver when he was arrested in 2004 for attempting to influence a trial during the exercise of his function as a prosecutor. The District Court of Krakow placed the applicant in provisional detention while authorities gathered evidence. …Read more

Tags: Access to health care, Access to treatment, Custody, Degrading treatment, Detainee, Detention, Diabetes, Imprisonment, Incarceration, Inmate, Liver disease, Noncommunicable diseases
Download Judgment: French Polish