157 judgments found.

Benjamin & Wilson v. United Kingdom

Country: United Kingdom
Year: 2002
Court: European Court of Human Rights
Citation: Application No. 28212/95
Health Topics: Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

B and W were detained in hospital after being sentenced to terms of discretionary life imprisonment. Both complained that they did not have access to a procedure by which they could challenge the lawfulness of their continued detention. B was sentenced to life imprisonment for rape in 1983. His tariff period of detention was set …Read more

Tags: Custody, Imprisonment, Incarceration, Incompetence, Mental competence, Mental disability, Mental disorder, Mental illness
Download Judgment: English

Case 1586-2002-R

Country: Bolivia
Year: 2002
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons, Violence
Human Rights: Right to health, Right to life
Facts:

A constitutional amparo (writ of injunctive relief) petition was filed by Marco Marino Diodato del Gallo against the Governor of the Center for Rehabilitation “Santa Cruz” (the “Prison Governor”), alleging infringement of the claimant’s rights to life and health and safety. On March 12, 2001, the claimant suffered a triple heart attack caused by the …Read more

Tags: Abuse, Access to health care, Assault, Custody, Heart disease, Imprisonment, Incarceration, Inmate, Jail, Noncommunicable diseases, Prison conditions
Download Judgment: English Spanish

Case of D.G. v. Ireland

Country: Ireland
Year: 2002
Court: European Court of Human Rights
Citation: ECHR no. 39474/98 (16 May 2002)
Health Topics: Child and adolescent health, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to housing, Right to liberty and security of person
Facts:

The applicant was a minor who alleged that his detention in a penal institution and by failing to provide him with suitable care and accommodation violated domestic Irish law and the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”). The applicant had been in the care of the Eastern Health Board …Read more

Tags: Child development, Children, Custody, Humiliating treatment, Mental institution
Download Judgment: English

Joyce Nakacwa v. Attorney General, et al.

Country: Uganda
Year: 2002
Court: Constitutional Court at Kampala
Citation: [2002] UGCC 1; Constitutional Petition No. 2 of 2001
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Informed consent, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to water and sanitation
Facts:

On June 21, 2001, the petitioner delivered a baby by the roadside and visited the second respondent’s Naguru Maternity Home/Clinic with the baby still attached to her. She received no medical care and was referred to another hospital. The petitioner was unable to walk the distance and was forced to sit outside with her newborn …Read more

Tags: Access to health care, Access to treatment, Childbirth, Clinics, Compulsory examination, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Emergency care, Forced examination, Health facilities, Humiliating treatment, Infant mortality, Inhuman treatment, Involuntary examination, Jail, Law enforcement, Mandatory examination, Maternal health, Mob, Police, Pregnancy, Prison conditions, Torture
Download Judgment: English

Kalashnikov v. Russia

Country: Russia
Year: 2002
Court: European Court of Human Rights
Citation: App. No. 47095/99, 36 Eur. H.R. Rep. 34 (2003).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons, Tobacco, Water, sanitation and hygiene
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:

Applicant, Russian national and President of the Northeast Commercial Bank, was accused of embezzlement and placed in detention. According to the applicant, he was detained in overcrowded and unsanitary cells, which occasionally contained inmates suffering from tuberculosis and syphilis. Moreover, the cells had inadequate toilet facilities, insufficient ventilation, and pest infestations. As a result the …Read more

Tags: Access to health care, Access to treatment, Cleanliness, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Passive smoking, Prison conditions, Second-hand smoke, Smoking, Torture, Tuberculosis

Paul Lallion v. Grenada

Country: Grenada
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Paul Lallion, Report No. 55/02, Case 11.756, IACHR, Doc. 5 rev. 1 at 551, 21 October 2002
Health Topics: Diet and nutrition, Health care and health services, Poverty, Prisons
Human Rights: Freedom from discrimination, 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
Facts:

Paul Lallion appealed to the Inter-American Commission on Human Rights alleging that his death penalty sentencing and appeal process, as well as the prison conditions he was subjected to during this process, violated Articles 4 (right to life), 5 (right to humane treatment), 7 (right to personal liberty), 8 (right to a fair trial), and …Read more

Tags: Abuse, Access to health care, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Diet, Execution, Imprisonment, Incarceration, Indigent, Inhuman treatment, Inmate, Jail, Law enforcement, Police, Poor, Prison conditions, Solitary confinement
Download Judgment: English Spanish

State v. Marapo

Country: Botswana
Year: 2002
Court: Court of Appeal
Citation: AHRLR 58 (BwCA 2002); Criminal Appeal No. 15/2002
Health Topics: HIV/AIDS, Infectious diseases, Prisons, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The case discusses the constitutionality of a statute that denied bail to people accused of rape. Marapo was arrested and charged with rape. Under Section 142(1)(i) of the Botswana Penal Code, he was not entitled to bail before trial. Marapo brought his case to the High Court, arguing that section 142(1)(i) of the Penal Code …Read more

Tags: AIDS, Custody, Detainee, Detention, HIV, HIV/AIDS, Imprisonment, Incarceration, Inmate, Jail, Rape, Safety regulation, Sexual assault, Sexual violence, Sexually transmitted infections, STDs, STIs, Transmission, Violence against women
Download Judgment: English

Harding v. The Superintendent of Prisons and the Attorney General

Country: Saint Lucia
Year: 2001
Court: Court of Appeal
Citation: Civil Appeal No. 13 of 2000
Health Topics: Poverty, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The Appellant, a 51 year-old man who had spent much of his life in prison for violent crimes was arrested and convicted in St. Lucia. He was deemed dangerous and placed in a maximum-security section of the prison in cellular confinement with death row inmates. He was placed in mechanical restraints with chains tied to …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Poor, Prison conditions, Solitary confinement, Torture
Download Judgment: English

Keenan v. United Kingdom

Country: United Kingdom
Year: 2001
Court: European Court of Human Rights
Citation: App. No. 27229/95, 33 Eur. H.R. Rep. 913 (2001).
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Medicines, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

The applicant brought an action on behalf of her mentally ill son, Mark Keenan, who killed himself in prison, alleging the State was in violation of Articles 2 (right to life), 3 (prohibition of torture) and 13 (right to an effective remedy) of the European Convention. The applicant alleged that her son, who was known …Read more

Tags: Compulsory confinement, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Imprisonment, Incarceration, Incompetence, Inhuman treatment, Inmate, Involuntary commitment, Involuntary confinement, Isolation, Jail, Mandatory confinement, Mental disorder, Mental illness, Paranoia, Psychiatry, Psychology, Schizophrenia, Seclusion, Suicide, Torture
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Khalfan Khamis Mohamed, et al. v. President of the Republic of South Africa and Six Others, et al.

Country: South Africa
Year: 2001
Court: Constitutional Court
Citation: [2001] ZACC 18
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

M is a Tanzanian citizen, who was residing in South Africa after obtaining a temporary residence permit, was wanted in the US on a number of capital charges in connection with the bombing of two US embassies in Africa. When seeking to renew his temporary residence permit, M was arrested, detained and questioned by South African immigration …Read more

Tags: Custody, Detainee, Detention, Execution, Immigration, Migrants, Terrorism
Download Judgment: English