Wong Ho Wing v. Peru
Country: PeruYear: 2015
Court: Inter-American Court of Human Rights
Health Topics: 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, Right to life
Wong Ho Wing, a Chinese citizen, was wanted by the judicial authorities of Hong Kong, China for smuggling, money laundering, bribery, and tax evasion. He was arrested at the Lima airport as he attempted to enter Peru from the United States. China and Peru had entered into an extradition treaty in 2001 that obligated both …Read more
Amirov v. Russia
Country: RussiaYear: 2014
Court: The European Court of Human Rights
Citation: [2014] EHCR 51857/13
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health
Amirov is a local politician who was arrested and charged in June 2013 with attempted murder, attempting to organize a terrorist attack, and related charges. Amirov was paralyzed in 1993 and requires constant medical care. Amirov argued that he should not be detained pending trial because of his poor health, age and position in the …Read more
Blessington, et al. v. Australia
Country: AustraliaYear: 2014
Court: United Nations Human Rights Committee
Citation: Communication No. 1968/2010; CCPR/C/112/D/1968/2010
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The claimants, who were serving life imprisonment sentences, claimed that the state of Australia had violated articles 7, 10, 15 and 24 of the International Covenant on Civil and Political Rights (“Covenant”), particularly the right to freedom from torture and cruel, inhuman, and/or degrading treatment. The claimants were jointly tried for the murder, abduction, and …Read more
Konovalova v. Russia
Country: RussiaYear: 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
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
Shatrughan Chauhan and another v. Union of India and others
Country: IndiaYear: 2014
Court: Supreme Court
Citation: Writ Petition 55 of 2013
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to life
Fifteen criminal convicts sentenced to the death penalty challenged their sentences as in violation of Article 21 of the Indian Constitution, which protects the right to life. They claimed that the executive orders rejecting their mercy petitions were passed without considering supervening events, including delay, insanity, solitary confinement, and procedural lapses. Two convicts alleged that the …Read more
Tali v. Estonia
Country: EstoniaYear: 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
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
Tapela, et al. v. Attorney General, et al.
Country: BotswanaYear: 2014
Court: High Court
Citation: (MAHGB-000057-14), BWHC 1 (2014)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
The applicants, two prisoners with HIV and an interested non-governmental organization, complain that the policy of denying Highly Active Antiretroviral Therapy (“HAART”) to non-citizen inmates is a violation of the rights of such non-citizen prisoners under the Constitution of Botswana. HAART is a drug treatment that helps control HIV mutation and reduces the likelihood of …Read more
Valetov v. Kazakhstan
Country: KazakhstanYear: 2014
Court: United Nations Human Rights Committee
Citation: Communication No. 2104/2011
Health Topics: Health care and health services, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial
Nikolai Valetov, a Russian national, was arrested and charged in June 2001 with murder by Kyrgyzstan authorities while living in Kyrgyzstan. In addition to maintaining that he was framed for this crime by the police, Valetov further claimed that he was tortured by the police so severely while in pre-trial detention that he was permanently …Read more
Aswat v. United Kingdom
Country: United KingdomYear: 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
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
B v. Waitemata District Health Board
Country: New ZealandYear: 2013
Court: High Court
Citation: [2013] NZHC 1702
Health Topics: Health systems and financing, Hospitals, Mental health, Tobacco
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to privacy
In this case applicants argued that the no-smoking policy of the Waitemata District Health Board (WDHB)and the consequent prohibition of smoking in hospitals and surrounding grounds violated their right not to be subjected to torture or cruel treatment, the right to be treated with humanity, the right to respect private life, and the right to …Read more