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13 judgments found.


Mambu v The Democratic Republic of the Congo

Country: Congo, DRC
Year: 2016
Court: United Nations Human Rights Committee
Citation: Communication No. 2465/2014; UN Doc. CCPR/C/118/D/2465/2014
Health Topics: Health care and health services, Hospitals, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to participation
Facts:

Eugène Diomi Ndongala Nzo Mambu was a national of the Democratic Republic of the Congo and president of the opposition political party in the State, challenging the legitimacy of an election. He alleged that he was abducted in 2012 and held incommunicado for three months and 13 days while being interrogated about his ties with …Read more

Tags: Abuse, Access to health care, Access to medicines, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions
Download Judgment: English

Kichwa Peoples of the Sarayaku Community v. Ecuador

Country: Ecuador
Year: 2012
Court: Inter-American Court of Human Rights
Citation: Case No. 12.465; Series C No. 245, June 27, 2012
Health Topics: Diet and nutrition, Environmental health, Health care and health services, Medicines, Violence
Human Rights: Freedom of expression, 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 participation, Right to property
Facts:

This case concerned the Kichwa nation of the Ecuadorian Amazon, which encompassed two Peoples who shared the same linguistic and cultural tradition. The State of Ecuador had granted a private oil company a permit to carry out oil exploration and exploitation of activities in the ancestral territory of the Kichwa nation. The State did not …Read more

Tags: Abuse, Access to health care, Access to treatment, Alternative medicine, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Diet, Humiliating treatment, Indigenous groups, Indigenous medicine, Industrial waste, Inhuman treatment, Military, Pollution, Primary care, Rape, Sexual violence, Torture, Violence against women
Download Judgment: English Spanish

Hospital Association of South Africa v. Ministry of Health, et al.

Country: South Africa
Year: 2010
Court: High Court - North Gauteng Division, Pretoria
Citation: [2010] ZAGPPHC 69; 2010 (10) BCLR 1047 (GNP); [2011] 1 All SA 47 (GNP)
Health Topics: Health information, Health systems and financing, Medicines
Human Rights: Freedom of association, Right to participation
Facts:

Two cases (numbers 37505/09 and 21352/09) were consolidated by an order of the court along with this case of the Hospital Association of South Africa Ltd (number 37377/09), as they all dealt with the same issues. The Applicants sought relief in respect of the promulgation by the Minister of Health (Minister) of Regulations Relating to …Read more

Tags: Access to medicines, Awareness, Health regulation, Notification
Download Judgment: English

Miguel Ignacio Fredes Gonzalez and Ana Andrea Tuczek Fries v. Chile

Country: Chile
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 14/09, Petition 406-03, March 19, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Diet and nutrition, Environmental health, Health information, Public safety
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to due process/fair trial, Right to participation
Facts:

Miguel Ignacia Fredes Gonzalez and Ana Andrea Tuczek Fries, among others, filed an information request with the Agriculture and Livestock Service (the “SAG”), a department of the State’s Ministry of Agriculture, requesting information and documents related to transgenic crops and their location.The national director of the SAG failed to answer the request within the time …Read more

Tags: Awareness, Biohazard, Biosafety, Contamination, Disclosure, Food safety, Freedom of information, Genetically-modified food, Non-disclosure
Download Judgment: English Spanish

Ngobe Indigenous Communities v. Panama

Country: Panama
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 75/09, Petition 286-08, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Public safety, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to a clean environment, Right to due process/fair trial, Right to liberty and security of person, Right to participation, Right to property, Rights to the benefits of culture
Facts:

In May 2007, the State of Panama, without community consultation, granted a concession for the construction of a hydroelectric dam within the traditional lands of an indigenous community, the Ngöbe. Although the construction of the dam was still in its initial stages at the time the petition was filed, the petitioner alleged that the work …Read more

Tags: Air pollution, Assault, Children, Clean water, Cleanliness, Contamination, Drinking water, Environmental degradation, Environmental hazards, Forced displacement, Indigenous groups, Law enforcement, Lung disease, Minor, Pediatric health, Police, Pollution, Potable water, Respiratory diseases, Safe drinking water, Waste management, Water pollution
Download Judgment: English Spanish

Kevin Mgwanga Gunme, et al. v. Cameroon

Country: Cameroon
Year: 2009
Court: African Commission on Human and Peoples’ Rights
Citation: Communication 266/03
Health Topics: Public safety
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Right to development, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to participation
Facts:

The complainants were South Cameroonian citizens who alleged a variety of human rights violations done by Cameroon and were seeking the right to secede and form their own state. In 1961, the United Nations Trust System held a plebiscite that allowed South Cameroonians to join Cameroon or Nigeria but not to form their own country. …Read more

Tags: Police, Terrorism
Download Judgment: English

Walsh v. Pharmaceutical Management Agency

Country: New Zealand
Year: 2008
Court: High Court
Citation: [2008] NZHC 441; [2010] NZAR 101
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to due process/fair trial, Right to health, Right to participation
Facts:

Herceptin was a drug used to treat an aggressive form of breast cancer called Her2, and it cost roughly $68000 to $70000 for a 12 month course.  The first defendant, the Pharmaceutical Management Agency (Pharmac), was responsible for determining which pharmaceutical treatments would wholly or partially be subsidised by District Health Boards (DHBs). From 2001, …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Budget, Cancer, Clinical trials, Drug testing, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Noncommunicable diseases, Out-of-pocket expenditures, Pharmaceuticals, Pricing, Reimbursement, Subsidies
Download Judgment: English

Defensor del Pueblo de la Nación v. Estado Nacional et al.

Country: Argentina
Year: 2007
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 18/9/2007, "Defensor del Pueblo de la Nación c/ Estado Nacional y otra (Provincia del Chaco) s/proceso de conocimiento," (D. 587. XLIII) (Arg.).
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Infectious diseases, Poverty, Water, sanitation and hygiene
Human Rights: Right to bodily integrity, Right to education, Right to food, Right to health, Right to life, Right to participation, Right to water and sanitation, Right to work
Facts:

Argentina’s Human Rights Ombudsman brought a claim against the National Government and the Province of Chaco to force Respondents to take the necessary measures to improve the deleterious living conditions of an indigenous community in Chaco that amounted to circumstances of extreme emergency. The Ombudsman claimed that the community lacked fundamental and basic necessities as …Read more

Tags: Access to health care, Access to treatment, Budget, Chagas, Clean water, Drinking water, Food shortages, Indigenous groups, Indigent, Low income, Malnutrition, Non-communicable diseases, Poor, Potable water, Safe drinking water, Starvation, Tuberculosis, Underprivileged
Download Judgment: English Spanish

Sesana v. Attorney General

Country: Botswana
Year: 2006
Court: High Court - Lobatse
Citation: Misca. No. 52 of 2002
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Infectious diseases, Informed consent, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to participation, Right to property
Facts:

In March 2002, the Botswana Government terminated certain basic services to the Central Kalahari Game Reserve (CKGR), including access to: Drinking water; Maintenance of borehole water; Rations to registered destitute; Rations to registered orphans; Transport for the applicants’ children to and from school; and Healthcare to the applicants through mobile clinics and ambulance services. The …Read more

Tags: Access to health care, Access to treatment, Child development, Children, Drinking water, Food, Forced displacement, Hunger, Indigenous groups, Indigent, Informed choice, Low income, Minor, Poor, Potable water, Primary care, Refugees, Starvation, Underprivileged
Download Judgment: English

Brun, André v. France

Country: France
Year: 2006
Court: Human Rights Committee
Citation: Brun v. France, U.N. H.R. Comm., U.N. Doc. CCPR/C/ 88/D/1453/2006 (Nov. 23, 2006).
Health Topics: Diet and nutrition, Environmental health, Public safety
Human Rights: Right to a clean environment, Right to due process/fair trial, Right to health, Right to life, Right to participation, Right to privacy
Facts:

Brun claimed a violation of Article 2 (right to remedy), Article 6 (right to life) and Article 17 (right to privacy) of the International Covenant Civil and Political Rights (ICCPR). Brun argued that Article 17 should be interpreted to include the right to live in a healthy environment. He had been sentenced for demonstrating against …Read more

Tags: Biosafety, Contamination, Environmental hazards, Food, Food safety, Genetically-modified food, Precautionary principle, Safety regulation
Download Judgment: English

Community of San Mateo de Huanchor v. Peru

Country: Peru
Year: 2004
Court: Inter-American Commission on Human Rights
Citation: Report No. 69/04, Case 504/03, October 15, 2004; OEA/Ser.L/V/II.122 Doc. 5 rev. 1 at 487, 23 February 2005
Health Topics: Child and adolescent health, Environmental health
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to bodily integrity, Right to family life, Right to life, Right to participation, Right to property
Facts:

This report addresses the admissibility of a petition that alleged Peru failed to fulfill its obligations under the American Convention on Human Rights (the Convention). The Petitioner was the National Coordinator of Communities of Peru Affected by Mining (CONACAMI), representing members of the Community of San Mateo de Huanchor, in their claim that the State …Read more

Tags: Child development, Children, Contamination, Indigenous groups, Minor, Pediatric health, Pollution, Toxic waste
Download Judgment: English Spanish

Javed and Ors v. State Of Haryana and Ors

Country: India
Year: 2003
Court: Supreme Court
Citation: AIR 2003 SC 3057, 2003 (4) AWC 2920 SC, 2003 (3) CTC 620
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of religion, Right to family life, Right to participation
Facts:

This case is a writ position challenging the constitutionality of a law that prohibits anyone with more than two living children from holding certain public offices in the Panchayat raj local government system of the state of Haryana. Note that the Panchayat raj system is the traditional local government system of areas in the Indian …Read more

Tags: Childbirth, Family planning
Download Judgment: English

In the Matter of an application by Carl Hanoman, for prerogative writs of Certiorari, Mandamus and Prohibition

Country: Guyana
Year: 1999
Court: High Court of the Supreme Court of Judicature
Citation: 65 WIR 157
Human Rights: Right of access to information, Right to participation
Facts:

In accordance with s 1(c) of the First Schedule of the Medical Practitioners Act, 1991, the Guyana Medical Association, of which the applicant was the President, was requested by the Minister of Health to submit names of nominees for appointment to the Medical Council under a consultation process. Subsequently, the applicant requested reasons for the …Read more

Tags: Health care professionals
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