A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

The applicants are parents of a child who died being treated at Burgas Multi-Profile Active Treatment Hospital.  They alleged that the hospital’s failure to provide their daughter with adequate medical care led to her death, amounting to a breach of Article 2 of the European Convention on Human Rights. On April 10, 2009, the applicant’s …Read more

The applicants, Mamikon Saribekyan and Siranush Balyan, brought an application that their son, Manvel Saribekyan, had been tortured and killed under the detention of the Azerbaijan authorities. Saribekyan, was a resident of the Tutjur village in the Gegharkunik region of Armenia near the border of Azerbaijan. On September 11th, 2010, Saribekyan lost his bearings in …Read more

The defendant, Jeremy Rodriguez, was an inmate at FCI Elkton, a federal detention centre in Elkton, Ohio. Rodriguez was serving the seventeenth year of a twenty-one year mandatory minimum sentence for drug distribution and unlawful firearm possession, and was one year away from becoming eligible for home confinement, when the COVID-19 pandemic erupted in the …Read more

Plaintiffs Laddy Curtis Valentine (“Valentine”) and Richard Elvin King (“King”) were inmates at Wallace Pack Unit (“Pack Unit”), a geriatric state prison run by the Texas Department of Criminal Justice (“TDCJ”) in Grimes County, Texas. On March 30, 2020, plaintiffs filed a complaint, alleging that the defendants, TDCJ Executive Director Bryan Collier (“Collier”), Pack Unit …Read more

The Petitioners were a group of individuals being held in civil detention by Immigration and Customs Enforcement (ICE) at three locations: the York County Prison, the Clinton County Correctional Facility, and the Pike County Correctional facility, while awaiting the final disposition of their immigration cases. With the rapid and expansive spread of the novel coronavirus …Read more

The applicant, a Georgian national, was detained on 7 August 2008 by the Ukrainian police in Kyiv on suspicion of robbery and for the illegal possession of narcotic drugs. He was denied bail due to his previous criminal record, the gravity of his alleged crimes, and the judicial finding that he might seek to evade …Read more

The plaintiffs are two non-profit organizations, the British Columbia Civil Liberties Association and the John Howard Society of Canada. The plaintiffs challenged the constitutionality of sections 31-33 and 37 of the Corrections and Conditional Release Act (CCRA), which authorized administrative segregation of inmates in federal prisons. Section 31 provided that the purpose of administrative segregation …Read more

The plaintiff Ms. X was a Timorese national. She was convicted for the crime of aggravated homicide for fatally stabbing her partner, D.S. with whom she had a child. D.S., who was a member of the Timor-Leste Defense Force was contended to have had physically abused the Plaintiff for years and she alleged self-defense after …Read more

Petitioners, by means of a writ petition, challenged Section 377 of the Indian Penal Code (‘IPC’), which made “carnal intercourse against the order of nature” a criminal offense punishable with life imprisonment. Petitioners argued that homosexuality, bisexuality, and other sexual orientations are equally natural and reflective of expression of choice and individuals should have the …Read more

The respondent – DZ in this case gave birth to WZ. Due to prolonged labour, DZ suffered from asphyxation, which led to cerebral palsy. WZ brought an action for damages on behald of DZ on the account of negligence of the hopsital staff. The Medical of the Executive Council (MEC) for health admitted negligence on …Read more

The applicant’s son, A.J., had a history of mental health disorders, and alcohol and substance addiction, and since 1984 had spent several periods in psychiatric hospitals. During the period in September 1999 in which A.J. was hospitalised, the doctor treating A.J. did not permit him to leave the hospital whilst he was being treated. However, …Read more

The applicants’ minor son underwent surgery for the removal of a polyp in a public emergency hospital. The child was transferred to the ICU unit under a staff nurse who had assisted in the surgery. Due to a hemorrhage and a number of failed attempts to resuscitate, the child died. There were contrary reports of …Read more

The applicants’ daughter suffered from cardiac problems when she was 1 year old and received treatment for it in children’s hospital. The first applicant (father) signed a consent form for a surgery of her daughter. The consent form entailed the risks. A further operation was conducted after obtaining a similar form from the father. After …Read more

The applicant’s husband underwent a surgery to remove nasal polyps. He suffered from severe headaches and went back to the emergency department. The duty doctor prescribed him some tranquilizer stating it was some psychological problem. As the headaches did not subside, a medical team examined him the next day and found that he was suffering …Read more

Ms. Z, the appellant, was a 35-year-old destitute woman living on the footpath in Patna as she was not wanted by her husband and her family. She was brought to Shanti Kutir, a women rehabilitation center, on 25th January 2017. On 2nd February 2017, she was taken to Patna Medical College Hospital, Patna (PMCH), by …Read more

The applicants were Belgian and Turkish nationals who alleged that their son died in detention in violation of his right to life. The applicants’ son (the deceased) had been detained in the psychiatric wing of the prison two times and was discharged on probation. In 2009, the Criminal Court gave an order of the deceased’s …Read more

The second and the third applicants in this case were the parents of the first applicant (CG) who was born healthy in 2016 but encountered severe health problems thereafter, for which he remained hospitalized by the time the case was brought before the European Court of Human Rights (the ECHR). CG suffered from a rare …Read more

The plaintiff instituted an action for medical negligence on behalf of her daughter. She stated that due to the negligence of the hospital staff, her daughter suffers from spastic quadriplegic cerebral palsy, poor cognitive ability, feeding difficulty etc. The plaintiff was admitted and assessed by a midwife who authorised her admission to a ward for …Read more

The applicant has been a heroin addict since 1973, suffered from hepatitis C since 1975 and been HIV-positive since 1988. Attempts to overcome his heroin addiction through various treatments failed, and from 1991 to 2008 he was treated with drug substitution therapy. In 2008, the applicant was arrested on suspicion of drug trafficking and detained …Read more

Section 66 of the Syariah Criminal Enactment of 1992 made it an offence for Muslim males to wear women’s attire or to pose as a woman in a public place. Conviction resulted in a fine or imprisonment not exceeding six months or both. The Appellants were Muslim men with Gender Identity Disorder (GID) who expressed …Read more

The Petitioners suffered from renal failure and required frequent renal dialysis treatments. Kenyatta National Hospital did not have an adequate number of machines to serve Petitioners’ needs, and would often choose to treat in-patients before Petitioners. Furthermore, the National Hospital Insurance Fund would not reimburse Petitioners for treatments sought at private hospitals. Petitioners brought suit …Read more

Case 1: Tapela and Piye, two Zimbabwean nationals imprisoned in Botswana, both contracted HIV in prison. They were refused antiretroviral treatment for their condition based on a internal directive issued by the national government to all public medical institutions and personnel on March 26, 2004, indicating that testing, assessment, and treatment with antiretroviral and highly active …Read more

This case concerned physician-assisted suicide in South Africa. The applicant, a 66-year-old highly educated, experienced lawyer with four children and a mother, had terminal stage 4 cancer with only a few weeks left to live and brought suit against various government ministries. He sought a declaratory order that a medical practitioner may end, or enable …Read more

After Plaintiff Gloria Taylor was diagnosed with a terminal illness in 2009, she challenged the constitutionality of the Canadian Criminal Code Section 241(b), which prohibited assistance in dying. The trial court held that the law was unconstitutional and granted Taylor an exemption from the law. The Court of Appeal reversed, basing their decision on the …Read more

The applicants appealed a decision to terminate artificial nutrition and hydration for their son, who was in a chronic vegetative state. In 2013, Mr. Lambert’s doctor and wife initiated proceedings to terminate care under the Act of 22 April 2005 (“Act”), which amended provisions of the Public Health Code (“Code”). However, the applicants received an …Read more

Mr. Allen was a dentist who required a back operation. A multi-year wait time to be treated within the Alberta health care system and increased pain forced Mr. Allen to sell his dental practice to pay for surgery in Montana (a state in the United States) instead of waiting an additional 18 months to have …Read more

The Northern Ireland Human Rights Commission (“Commission”) brought an application alleging that the rights of women in Northern Ireland who are or become pregnant with a serious malformation of the fetus (SMF), fatal fetal abnormality (FFA) or who are pregnant as a result of sexual crimes were being breached by Section 58 and Section 59 …Read more

The plaintiff Urgenda, a foundation committed to a more sustainable society, brought a claim on behalf of over 800 individuals against the defendant, the state of the Netherlands, regarding climate change. Specifically, the plaintiff asked the court to rule that it would be unlawful for the defendant not to reduce annual greenhouse gas emissions by …Read more

The state of Oklahoma adopted lethal injection as its method of execution for inmates on death row. The injection consisted of a three-drug protocol of (1) sodium thiopental (a barbiturate) to induce unconsciousness, (2) a paralytic agent to inhibit all muscular-skeletal movements, and (3) potassium chloride to induce cardiac arrest. The Supreme Court had previously ruled …Read more