R (on the application of Q) v. Secretary of State for the Home Department
Country: United KingdomYear: 2003
Court: Court of Appeal, Civil Division
Citation: [2003] All ER (D) 409 (Oct); [2003] EWHC 2507 (Admin); [2004] QB 36 [2003]; EWCA Civ 364, [2003] 2 All ER 905
Health Topics: Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to housing, Right to social security
F, M, D, B, J and Q were six asylum-seekers who had sought assistance from the Secretary of State under the Nationality, Immigration and Asylum Act, 2002. As per section 55 of the Act, the Secretary of State may not provide support to an asylum-seeker, if the Secretary “is not satisfied that the claim was …Read more
Mansaray v. Secretary of State for the Home Department
Country: United KingdomYear: 2002
Court: Immigration Appeal Tribunal
Citation: [2002] UKIAT 04459
Health Topics: Health care and health services, Mental health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Haja Mansaray, a Sierra Leone national, appealed a decision to refuse her asylum. She alleged that her removal would be contrary to the Refugee Convention and in violation of article 3 (inhuman or degrading treatment) of the European Convention on Human Rights (ECHR), because she would be unable to access the mental health care she …Read more
Arcila Henao v. Netherlands
Country: NetherlandsYear: 2001
Court: European Court of Human Rights
Citation: Application No. 13669/03
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The applicant was a Columbian national residing in the Netherlands. He complained that his expulsion to Columbia would violate Article 3 of the European Convention on Human Rights (the “Convention”) which prohibits torture and inhuman or degrading punishment, as he would be unable to continue treatment for his HIV and Hepatitis B and would therefore …Read more
Bensaid v. United Kingdom
Country: United KingdomYear: 2001
Court: European Court of Human Rights
Citation: Application No. 44599/98; (2001) 33 EHRR 10; [2001] ECHR 82; [2001] MHLR 287; [2001] INLR 325; 11 BHRC 297
Health Topics: Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life
Bensaid brought an action against the United Kingdom as a result of a proposed deportation order to Algeria. Bensaid was a schizophrenic suffering from a psychotic illness. He had arrived in the United Kingdom from Algeria in 1989 and had been granted indefinite leave to remain after marrying a United Kingdom citizen. This leave lapsed …Read more
D v. The United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: App. No. 30240/96, 24 Eur. H.R. Rep. 423 (1997).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to life, Right to privacy
The applicant, an individual suffering HIV/AIDS, brought action under Article 3 (freedom from torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights when he was threatened with expulsion from UK to St Kitts where he would not have access to necessary medical treatment and no family home or close …Read more
Cruz Varas and Ors v. Sweden
Country: SwedenYear: 1991
Court: European Court of Human Rights
Citation: Application No. 15576/89
Health Topics: Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life
Cruz Varas (C V) , his wife and son (all Chilean nationals) had applied for political asylum but the National Immigration Board held that, from the information given, they had not invoked sufficiently strong reasons to be considered as refugees under national or international law and that they should be expelled. In an unsuccessful appeal …Read more