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255 judgments found.


Saribekyan and Balyan v. Azerbaijan

Country: Azerbaijan
Year: 2020
Court: European Court of Human Rights
Citation: [2020] ECHR 35746/11
Health Topics: Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to life
Facts:

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

Tags: Abuse, Cruel and inhuman treatment, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Law enforcement, Military, Police, Prison, Torture
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M.A. v. Cyprus

Country: Cyprus
Year: 2020
Court: European Court of Human Rights
Citation: [2020] ECHR 37321/18
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant is an inmate who argued that his living conditions did not meet the health standards set out under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms after being displaced from the prison’s mental health unit. The applicant suffers from paranoid schizophrenia and severe visual impairment. He was …Read more

Tags: Detention, Imprisonment, Inhuman treatment, Mental disability, Mental disorder, Prison conditions, Psychiatry, Schizophrenia
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Kardava v. Ukraine

Country: Ukraine
Year: 2019
Court: European Court of Human Rights
Citation: Kardava v. Ukraine, no. 19886/09, ECHR 2019
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 life
Facts:

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

Tags: Abuse, Cruel and inhuman treatment, Inhuman or Degrading Treatment, Inhuman treatment, Prison
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E.S. v. Austria

Country: Austria
Year: 2018
Court: European Court of Human Rights
Citation: Application no. 38450/12
Health Topics: Public safety
Human Rights: Freedom of expression, Freedom of religion
Facts:

In Austria, a woman was convicted after leading several seminars entitled “Basic Information on Islam” at the right-wing Freedom Party Education Institute, beginning in January 2008.  These seminars were publicly advertised on the Freedom Party’s website, and the leaders of the Freedom Party distributed leaflets specifically aimed to encourage young voters to attend.  An undercover …Read more

Tags: Community-based care, Criminalization, freedom of religion, Law enforcement, Threat of violence
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CASE OF TAMAŠAUSKAS AND RADZEVIČIUS v. LITHUANIA

Country: Lithuania
Year: 2018
Court: The European Court of Human Rights
Citation: [2018] ECHR 838
Facts:

The case originated in two applications against the Republic of Lithuania lodged with the European Court of Human Rights Cour under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter “the Convention”) by two Lithuanian nationals, Mr Osvaldas Tamašauskas (“the first applicant”) and Mr Haroldas Radzevičius (“the second applicant”). …Read more

Tags: Freedom from Torture and Cruel, Inhuman or Degrading Treatment, prisons
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Ebedin Abi v. Turkey

Country: Turkey
Year: 2018
Court: European Court of Human Rights
Citation: [2018] ECHR 10839/09
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to food
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Charles Gard and others v. the United Kingdom

Country: United Kingdom
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 39793/17 Charles GARD and Others against the United Kingdom
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Informed consent, Medicines
Human Rights: Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to life
Facts:

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

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Tekin and Arslan v. Belgium

Country: Belgium
Year: 2017
Court: The European Court of Human Rights
Citation: CASE OF TEKIN AND ARSLAN v. BELGIUM (Application no. 37795/13)
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Right to life
Facts:

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

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SABLINA and others v. Russia

Country: Russia
Year: 2016
Court: The European Court of Human Rights
Citation: SABLINA and others against Russia
Health Topics: Hospitals, Informed consent
Human Rights: Right to due process/fair trial, Right to family life
Facts:

The applicants in this case were Russian nationals; the first applicant being the mother to her deceased daughter (Ms. A.S.) and the other two applicants were grandmothers to the deceased. In January, the deceased faced a severe car accident for which she underwent emergency surgery and resuscitation but continued to be in an unconscious state. …Read more

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Wenner v. Germany

Country: Germany
Year: 2016
Court: European Court of Human Rights
Citation: no. 62303/13, § 59, ECHR 2016
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Public safety
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

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

Tags: Access to drugs, Access to health care, Access to treatment, Addiction, Cocaine, Drug safety, Drug use, Examination, Heroin, HIV, HIV/AIDS, Imprisonment, Incarceration, People living with HIV/AIDS, People who use drugs, Rehabilitation, Substance abuse
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Murray v. The Netherlands

Country: Netherlands
Year: 2016
Court: European Court of Human Rights
Citation: [2016] ECHR 10511/10
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person
Facts:

In 1980, the Applicant, Mr. James Clifton Murray, was found guilty of the murder of a six year old girl in Aruba. At the time of his conviction, the Netherlands consisted of the Netherlands and the Netherlands Antilles, which included the islands of Aruba and Curaçao. The judgment from the First Instance Court of the …Read more

Tags: Access to health care, Access to treatment, Imprisonment, Incarceration, Inmate, Jail, Mental disability, Mental disorder, Mental illness, Mental retardation
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Lambert and Ors. v. France

Country: France
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 46043/14
Health Topics: Health systems and financing, Informed consent
Human Rights: Right to bodily integrity, Right to family life, Right to life
Facts:

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

Tags: Compulsory treatment, Forced treatment, Health care professionals, Health care workers, Health regulation, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
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Lazariu v. Romania

Country: Romania
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 31973/03
Health Topics: Mental health
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, a lawyer, was accused of inciting false testimony from witnesses involved in several sets of criminal proceedings. Upon presenting herself to the prosecutor’s office, she was prevented from leaving and eventually taken to a psychiatric hospital. The government alleged that the applicant was detained after she refused to review the criminal file against …Read more

Tags: Compulsory commitment, Compulsory confinement, Involuntary commitment, Involuntary confinement, Law enforcement, Mandatory confinement, Mental competence, Mental institution, Police
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Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania

Country: Romania
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea.  Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more

Tags: Abuse, Access to health care, Access to treatment, Compulsory examination, Compulsory testing, Compulsory treatment, Counseling, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Epilepsy, Examination, Forced examination, Forced treatment, Imprisonment, Inadequate treatment, Inappropriate treatment, Incapacity, Incarceration, Informed choice, Inmate, Involuntary examination, Involuntary treatment, Jail, Lung disease, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Negligence, Neurological diseases, Noncommunicable diseases, Patient choice, Pneumonia, Prison conditions, Psychosis, Pulmonary diseases, Respiratory diseases, Standard of care, Suicide, Trauma
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M.H. v. United Kingdom

Country: United Kingdom
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 11577/06
Health Topics: Mental health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant was severely disabled as a result of Down’s Syndrome. The applicant lived with her mother, her nearest relative. She often exhibited difficult behavior and towards the end of 2002 social workers had become extremely concerned about the impact on the physical and mental health of the applicant and her mother. On 31 January …Read more

Tags: Compulsory commitment, Detainee, Detention, Incapacity, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry
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A.K. v. Latvia

Country: Latvia
Year: 2014
Court: European Court of Human Rights
Citation: Application no. 33011/08
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life, Right to privacy
Facts:

After giving birth to a child with Down syndrome, the Petitioner (a forty years old woman) alleged that she was denied adequate and timely medical care in the form of antenatal screening tests. She claimed that her doctor failed to refer her for proper prenatal testing in accordance with the medical protocols in place. According to …Read more

Tags: Childbirth, Maternal health, Medical records, Pregnancy, Testing
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L.H. v. Latvia

Country: Latvia
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 52019/07
Health Topics: Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The applicant gave birth by Caesarean section in the Cesis District Central Hospital (Cesis Hospital) in 1997. The surgeon conducting the Caesarean section performed a tubal ligation (surgical contraception) without the applicant’s consent. The applicant commenced civil proceedings against the hospital to recover damages for the unauthorized procedure. Ultimately, in December 2006, the applicant’s claim …Read more

Tags: Caesarian, Childbirth, Compulsory sterilization, Confidentiality, Disclosure, Forced sterilization, Health records, Inappropriate treatment, Informed choice, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Medical records, Non-consensual testing and treatment, Non-disclosure, Notification, Patient choice, Public hospitals, Sterilization, Unauthorized treatment
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Konovalova v. Russia

Country: Russia
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 37873/04, § 1, ECHR 2014
Health Topics: Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to privacy
Facts:

Ms. Konovalova, a Russian citizen, experienced contractions due to her pregnancy and was taken to S. M. Kirov Military Medical Academy Hospital. After she was admitted to the gynecology ward, she was given a booklet issued by the hospital that contained a notice stating, “We ask you to respect the fact that medical treatment in …Read more

Tags: Childbirth, Confidentiality, Cruel treatment, Degrading treatment, Disclosure, Health care professionals, Health facilities, Health records, Humiliating treatment, Inappropriate treatment, Informed choice, Maternal health, Medical records, Non-pecuniary damage, Notification, Patient choice, Pregnancy, Public hospitals
Download Judgment: English

Radu v. The Republic of Moldova

Country: Moldova
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 50073/07
Health Topics: Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The plaintiff was a lecturer at the Police Academy in Moldova. In 2003, she became pregnant through artificial insemination. Due to her increased risk of miscarriage, a doctor at the No. 7 Center for Family Doctors (“the CFD”), a state-owned hospital, ordered her hospitalization. This extended hospitalization caused her to be absent from work. The …Read more

Tags: Confidentiality, Disclosure, Employment, Health data, Health records, In vitro fertilization, Maternal health, Medical records, Non-disclosure, Pregnancy, Public hospitals, Secrecy
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Tali v. Estonia

Country: Estonia
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 66393/10; [2014] ECHR 294
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Mr. Tali, an Estonian sentenced to life in prison, claimed he was subjected to inhuman and degrading treatment contrary to Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). On July 3 2009, Tali was told he would be taken to a punishment cell. The guards used defensive equipment …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Jail
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Atudorei v. Romania

Country: Romania
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 50131/08
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to liberty and security of person, Right to privacy
Facts:

Atudorei, a Romanian citizen, alleged that, from an early age, she has been subjected to continued physical and psychological abuse by her parents. The abuse had escalated after they discovered that she attended yoga classes organised by the Movement for Spiritual Integration into the Absolute (MISA), an organisation that was targeted by the police and …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Forced examination, Forced treatment, Health care professionals, Health care workers, Involuntary commitment, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mandatory confinement, Non-consensual testing and treatment, Unauthorized treatment
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Dubska and Krejzova v. The Czech Republic

Country: Czech Republic
Year: 2014
Court: European Court of Human Rights
Citation: Application Nos. 28859/11 and 28473/12
Health Topics: Sexual and reproductive health
Human Rights: Right to health, Right to privacy
Facts:

Ms. Sarka Dubska and Ms. Alexandra Krejzova sued the Government of the Czech Republic, alleging that a Czech law forbidding health professionals from attending home births was in violation of the right to private life as provided for in Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). Dubska …Read more

Tags: Childbirth, Maternal health, Midwifery, Pregnancy
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Brincat and Ors. v. Malta

Country: Malta
Year: 2014
Court: European Court of Human Rights
Citation: Application Nos. 60908/11, 62110/11, 62129/11, 62312/11 and 62338/11
Health Topics: Chronic and noncommunicable diseases, Occupational health
Human Rights: Right to family life, Right to favorable working conditions, Right to life
Facts:

From 1968 to early 2003 the applicants were employees at the state-owned Malta Drydocks Corporation (MDC), where they alleged they were exposed to asbestos. The applicants also alleged that the asbestos particles settled in their clothing and were carried home, affecting their private life. Asbestos had been known to be dangerous since the 1950s, however, …Read more

Tags: Asbestos, Cancer, Industrial hygiene, Noncommunicable diseases, Occupational health and safety, Pulmonary diseases, Respiratory diseases
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Durisotto v. Italy

Country: Italy
Year: 2014
Court: The European Court of Human Rights
Citation: Durisotto v. Italy (application no. 62804/13)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Medicines
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to health, Right to life
Facts:

The applicant in this case was an Italian national who had lodged a claim before the European Court of Human Rights (ECHR) on his capacity as a guardian of his daughter who had been suffering from degenerative cerebral illness. The applicant requested a domestic court for an order mandating his daughter’s treatment with stem cells …Read more

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Salakhov and Islyamova v. Ukraine

Country: Ukraine
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Medical malpractice, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more

Tags: Access to health care, Access to treatment, AIDS, Custody, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health records, HIV, HIV positive, HIV status, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, People living with HIV/AIDS, Police, Public hospitals, Remedies, Standard of care, Testing, Trauma
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Lashin v. Russia

Country: Russia
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 33117/02; [2013] ECHR 63
Health Topics: Informed consent, Mental health
Human Rights: Right to family life, Right to liberty and security of person
Facts:

Lashin, a Russian citizen, was diagnosed with schizophrenia, given a 2nd degree disability status, and hospitalised multiple times. A hospital examination concluded that Lashin was incapable of understanding the meaning of his actions and unable to control them. Following an application by the public prosecutor, the District Court of Omsk declared Lashin legally incapacitated at …Read more

Tags: Compulsory commitment, Compulsory confinement, Involuntary commitment, Involuntary confinement Mental disorder, Mental illness, Mental institution Schizophrenia
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Csoma v. Romania

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No.8759/05
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The applicant, Ms. Julia Kinga Csoma, alleged that her gynecologist had committed “grievous unintentional bodily harm and negligence” due to serious medical errors in her treatment. Csoma became pregnant in January 2002.  Her pregnancy was monitored by a gynecologist at the town hospital where Csoma worked as a nurse.  The fetus was diagnosed with hydrocephalus, …Read more

Tags: Abortion, Abortion technique, Damages, Diagnostics, Duty of care, Health care professionals, Health care workers, Health facilities, Health records, Infertility, Informed choice, Medical records, Negligence, Non-consensual testing and treatment, Non-pecuniary damage, Patient choice, Public hospitals, Remedies, Sterilization, Termination of pregnancy, Tort
Download Judgment: English

G.B. and R.B. v. The Republic of Moldova

Country: Moldova
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 16761/09
Health Topics: Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

Plaintiffs in this case were husband and wife. When G.B. was giving birth at the Stefan-Vodă regional hospital, a state-owned regional hospital, the head of the obstetrics and gynecology department preformed a Caesarean section on her and removed her ovaries and Fallopian tubes without obtaining her permission. As a result, G.B. suffered early menopause and …Read more

Tags: Caesarian, Childbirth, Compensation, Compulsory sterilization, Damages, Forced sterilization, Health care professionals, Health care workers, Health facilities, Involuntary sterilization, Negligence, Non-consensual testing and treatment, Non-pecuniary damages, Pregnancy, Public hospitals, Remedies, Sterilization, Tort, Unauthorized treatment
Download Judgment: English

Aswat v. United Kingdom

Country: United Kingdom
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 17299/12
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant was a man suffering from severe paranoid schizophrenia. He was indicted in the United State as a co-conspirator in an effort to establish a jihad training camp in Oregon. At the time of trial, the applicant was detained in a hospital in the UK and was subject to an extradition request made by …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Imprisonment, Incarceration, Inhuman treatment, Inmate, Isolation, Jail, Mental illness, Prison conditions, Schizophrenia, Solitary confinement, Terrorism
Download Judgment: English

Zorica Jovanovic v. Serbia

Country: Serbia
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 21794/08; [2013] EHCR 21794/08.
Health Topics: Child and adolescent health, Health information, Hospitals
Human Rights: Right of access to information, Right to family life
Facts:

This case is about the Serbian government’s response to the “missing babies” of the 1970s, 1980s, and 1990s. In 1983, Zorica Jovanovic gave birth to a healthy baby boy in a state-run hospital. Three days later, while still in the hospital, she was informed that he had died. She never saw him again. When she …Read more

Tags: Child mortality, Freedom of information, Health records, Infant health, Infant mortality, Medical records, Public hospitals, Secrecy
Download Judgment: English