13 judgments found.

Case Of Fernandes De Oliveira v. Portugal

Country: Portugal
Year: 2017
Court: The European Court of Human Rights
Citation: [2017] ECHR 78103/14
Health Topics: Controlled substances, Health care and health services, Hospitals, Mental health
Human Rights: Right to life
Facts:

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

Tags: Alcohol, Clinics, Drug use, Health facilities, Mental disorder, Mental illness, Psychiatry, Substance abuse, Suicide, Trauma
Download Judgment: English

Somner v. The Queen and Tucker v. Miller

Country:
Year: 2016
Court: Supreme Court of Bermuda
Citation: [2016] SC (Bda) 81 App
Health Topics: Controlled substances, Health care and health services
Human Rights: Right to due process/fair trial
Facts:

These are two separate appeals where both appellants challenged the Magistrates’ Court’s decision on the jurisdiction of Drug Treatment Court (DTC) to deal with alcohol addiction and traffic offenses under Section 68 of the Criminal Code Act 1907. They were heard together because they raised the same legal issues. Both appellants suffered from addiction to …Read more

Tags: Access to treatment, Addiction, Alcohol, Drug abuse, Drug enforcement, Drug use, Law enforcement, People who use drugs, Rehabilitation, Substance abuse
Download Judgment: English

Maloney v. The Queen

Country: Australia
Year: 2013
Court: High Court
Citation: [2013] HCA 28
Health Topics: Controlled substances
Human Rights: Freedom from discrimination, Right to liberty and security of person, Right to property
Facts:

The appellant was an Indigenous resident of Palm Island in Queensland who was charged with possession of more than a prescribed quantity of liquor in a restricted area on Palm Island contrary to section 168B of the Liquor Act 1992 (Q) (“Liquor Act”). Palm Island was a “community government area” within the meaning of the …Read more

Tags: Abuse, Alcohol, Assault, Criminalization, Indigenous groups
Download Judgment: English

Case 007-11-EE

Country: Ecuador
Year: 2011
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 007-11-EE, July 27, 2011.
Health Topics: Diet and nutrition, Disasters and emergencies, Public safety
Human Rights: Right to health, Right to life, Right to work
Facts:

This case was a decision on the constitutionality of an executive decree ordering the declaration of a state of emergency intended to prohibit the sale and consumption of alcoholic beverages throughout the country for 72 hours, due to cases of poisoning from alcoholic beverages adulterated with methanol. Articles 165 and 166 of the Constitution and …Read more

Tags: Alcohol, Food poisoning, Food safety
Download Judgment: English Spanish

Case C-830/10

Country: Colombia
Year: 2010
Court: Constitutional Court of Colombia
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Plena octubre 20, 2010, M.P.: Luis Ernesto Vargas Silva, Sentencia C-830/10 (Colom.).
Health Topics: Child and adolescent health, Controlled substances, Environmental health, Health information, Public safety, Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to bodily integrity, Right to development, Right to health, Right to life
Facts:

Petioner brought action before the Constitutional Court, challenging the constitutionality of Law 1335 of 2009, which imposes a general ban on all forms of tobacco promotion, advertisement and sponsorship and in this case, its constitutionality is being questioned. It imposes bans on behaviors aimed at promoting the consumption of a particular group of goods but …Read more

Tags: Alcohol, Cancer, Child development, Contamination, Health education, Health promotion, Heart disease, Passive smoking, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

Smt. Mala Banerjee v. State of West Bengal and Ors

Country: India
Year: 2008
Court: High Court - Calcutta
Citation: 2008 (1) CHN 979
Health Topics: Controlled substances
Human Rights: Right to health, Right to life
Facts:

In order to regulate the distribution of licenses for liquor shops the Government of West Bengal promulgated the West Bengal Excise (Selection of New Sites and grant of License for retail sale of liquor and certain other intoxicant) Rules, 2003 (the new Rules). Under the earlier Rules, objections were invited from elected representatives from the …Read more

Tags: Alcohol
Download Judgment: English

L.L v. France

Country: France
Year: 2007
Court: The European Court of Human Rights
Citation: Case No. 7509/02
Health Topics: Health information
Human Rights: Right to privacy
Facts:

In a proceeding for divorce, a confidential medical document (a correspondence between the applicant’s doctor and a specialist) indicating the applicant’s alcoholism was relied upon. The judge further quoted paragraphs from the document in his judgment and the divorce was granted on the grounds of fault committed by the applicant. The applicant’s request for legal …Read more

Tags: Alcohol, Confidentiality, Disclosure, Health data, Health records, Medical records, Non-disclosure, Notification
Download Judgment: English French

Enhorn v. Sweden

Country: Sweden
Year: 2005
Court: European Court of Human Rights
Citation: [2005] E.C.H.R. 56529/00
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Mental health, Public safety, Sexual and reproductive health
Human Rights: Right to liberty and security of person
Facts:

The Applicant was an HIV-positive man who had sex with men. He had transmitted HIV to another, younger man through a sexual encounter prior to his diagnosis. He was subsequently instructed by the county medical officer, among other things, not to have sexual intercourse without first disclosing to his partner that he was HIV-positive, to …Read more

Tags: Addiction, AIDS, Alcohol, Children, Clinics, Compulsory commitment, Compulsory confinement, Condoms, Counseling, Disclosure, Gay, HIV, HIV positive, Homosexual, Involuntary commitment, Involuntary confinement, Isolation, LGBTI, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Paranoia, People living with HIV/AIDS, PLHIV, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Substance abuse, Transmission
Download Judgment: English French

Aerts v. Belgium

Country: Belgium
Year: 1998
Court: European Court of Human Rights
Citation: Application No. 25357/94; (1998) 29 EHRR 50; [1998] ECHR 64; 5 BHRC 382; [1998] HRCD 749; (2000) 53 BMLR 79
Health Topics: Controlled substances, 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 liberty and security of person
Facts:

Michael Aerts, complained his continued detention in the psychiatric wing of a prison pending his transfer to the Social Protection Centre breached the right to liberty and security of person in article 5(1) of the European Convention on Human Rights (ECHR), the right to fair hearing under article 6(1) of the ECHR, and the prohibition …Read more

Tags: Access to health care, Access to treatment, Alcohol, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug use, Emergency care, Heroin, Imprisonment, Incarceration, Inhuman treatment, Inmate, Mental disability, Mental disorder, Mental illness, Mental institution, People who use drugs, Torture
Download Judgment: English French

Johansen v. Norway

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
Download Judgment: English French
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