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215 judgments found.

Lopez-Ostra v. Spain

Country: Spain
Year: 1994
Court: European Court of Human Rights
Citation: Application No. 16798/90; (1995) 20 EHRR 277; [1994] ECHR 46; (1994) 303-C Eur. Ct. H.R. (ser A)
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to privacy
Facts:

Mrs. López Ostra brought an action against Spain due to environmental pollution from a nearby waste treatment plant. López Ostra lived adjacent to the plant, which was operating without a license. The plant malfunctioned on start-up, and released gas fumes and unpleasant smells. These caused health problems and were a nuisance to the local people. …Read more

Tags: Cleanliness, Contamination, Cruel treatment, Degrading treatment, Industrial waste, Inhuman treatment, Pollution, Torture, Waste, Waste management, Water pollution
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M’Boissona (on behalf of Bozize) v. Central African Republic

Country: Central African Republic
Year: 1994
Court: United Nations Human Rights Committee
Citation: Communication 428/1990, UN Doc. CCPR/C/50/D/428/1990
Health Topics: Diet and nutrition, Health care and health services, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to food, Right to health, Right to liberty and security of person
Facts:

In a communication submitted to the United Nations Humans Right Committee (“UNHRC”), Yvonne M’Boissona asserted that her brother, François Bozize, led a coup d’état in the Central African Republic in 1982. After fleeing the country, he was arrested in July 1989 in Benin, repatriated to the Central African Republic by force, and imprisoned at a …Read more

Tags: Abuse, Access to health care, Armed conflict, Assault, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Food, Food safety, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Malnutrition, Military, Militias, Prison conditions, Refugee, Solitary confinement, Starvation, Torture
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Mika Miha v. Equatorial Guinea

Country: Equatorial Guinea
Year: 1994
Court: United Nations Human Rights Committee
Citation: Communication No. 414/1990
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

Mika Miha (M), having twice previously left Equatorial Guinea for asylum abroad, had returned in 1988 to support the activities of an opposition party to which he belonged. Shortly afterwards, he was arrested by members of the security forces. The only explanation given was that his detention had been ordered by the president. For the …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Torture
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STC 215/1994

Country: Spain
Year: 1994
Court: Constitutional Court
Health Topics: Infectious diseases, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to life
Facts:

The parents of a mentally-disabled woman requested that the court authorize the sterilization of their daughter.  According to the Article 428 of the Criminal Code made in accordance with Article 6 LO 3/89 of 21 June (the “challenged provision”), sterilization of a disabled person who suffered from serious psychological deficiency would not be unlawful if the …Read more

Tags: Abortion, Birth control, Childbirth, Compulsory sterilization, Degrading treatment, Forced abortion, Forced sterilization, Humiliating treatment, Incapacity, Incompetence, Inhuman treatment, Involuntary sterilization, Mandatory sterilization, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, STDs, Sterilization, STIs
Download Judgment: English

Herczegfalvy v. Austria

Country: Austria
Year: 1992
Court: European Commission on Human Rights
Citation: App. No. 10533/83, Eur. Ct. H.R. 58 (1992).
Health Topics: Diet and nutrition, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to family life, Right to liberty and security of person
Facts:

Applicant, a Hungarian national, served a prison sentence during which he assaulted prison officers, other detainees and threatened judges. He served a six-month pre-detention period in a facility for mentally ill offenders where he remained until his conditional release. He claims that his rights pursuant to Article 5 of the European Convention of Human Rights …Read more

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hunger strike, Imprisonment, Incarceration, Incompetence, Inhuman treatment, Inmate, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Starvation, Torture
Download Judgment: English

Pottinger v. City of Miami

Country: United States
Year: 1992
Court: United States District Court for the Southern District of Florida
Citation: 810 F. Supp. 1551 (S.D. Fla. 1992)
Health Topics: Poverty
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to liberty and security of person, Right to property
Facts:

The plaintiffs brought a class action lawsuit on behalf of themselves and about 6,000 other homeless persons against the City of Miami, Florida. They claimed that by arresting and seizing the property of the plaintiffs, the City’s police officers violated the plaintiffs’ rights under the United States and Florida Constitutions. The plaintiffs claimed that it …Read more

Tags: Criminalization, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Forced displacement, Humiliating treatment, Indigent, Inhuman treatment, Law enforcement, Low income, Police, Poor, Underprivileged
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Cruz Varas and Ors v. Sweden

Country: Sweden
Year: 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
Facts:

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

Tags: Abuse, Assault, Asylum, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Immigration, Inhuman treatment, Mental disorder, Migrants, Police, Rape, Refugees, Sexual violence, Torture
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Case 37/1989

Country: Spain
Year: 1989
Court: Supreme Court
Citation: Spanish Constitutional Court Courtroom 1st, S 15-2-1989, No.37/1989, Spanish Official Bulletin 52/1989, March 2, 1989, rec 235/1989
Health Topics: Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

On November 5 1986, the Court of First Instance and Preliminary Investigations No. 10 of Malaga ordered the search of a medical clinic where criminal actions (specifically, the administration of abortions) were allegedly taking place. In so doing, information regarding the medical history of Ms. Ximena’s (the appellant) was recorded. On November 21, 1986, the …Read more

Tags: Abortion, Clinics, Compulsory examination, Compulsory testing, Confidentiality, Criminalization, Degrading treatment, Disclosure, Forced examination, Health facilities, Health records, Humiliating treatment, Inhuman treatment, Involuntary examination, Involuntary testing, Mandatory examination, Mandatory testing, Medical records, Non-disclosure, Pregnancy, Secrecy, Termination of pregnancy
Download Judgment: English

Soering v. United Kingdom

Country: United Kingdom
Year: 1989
Court: European Court of Human Rights
Citation: 161 Eur. Ct. H.R. (ser. A) (1989)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

Jens Soering was a German national who came to the United States to study at the University of Virginia. While there, he became friends with Elizabeth Haysom, a Canadian national.  Haysom’s parents did not approve of Soering and Haysom’s relationship.  In March 1985 the couple made plans to kill Haysom’s parents.  They rented a car …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Inhuman treatment, Law enforcement, Mental disorder, Mental illness, Torture
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Velasquez Rodriguez v. Honduras

Country: Honduras
Year: 1988
Court: Inter-American Court of Human Rights
Citation: Series C No. 4, July 29 1989
Health Topics: Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

This case considered the practice of “forced disappearances” by the Government of Honduras, which included secret surveillance, kidnapping and executions. The Court found as proved that “[d]uring the period 1981 to 1984, 100 to 150 persons disappeared in the Republic of Honduras, and many were never heard from again.” It recognized patterns in these disappearances …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Detention, Execution, Forced disappearance, Humiliating treatment, Inhuman treatment, Military, Police, Torture
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