155 judgments found.

Nelson v. Livermore

Country: Canada
Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 712
Health Topics: Health care and health services, Health systems and financing, Informed consent, Mental health, Prisons, Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person
Facts:

Rodney Nelson sought judicial review of his involuntary admission to a psychiatric hospital under Ontario’s Mental Health Act (“MHA”) and an order for his immediate release due to rights infringements. Nelson had a lengthy history of crimes with many violent offences, including sexual offences against women and children. A psychiatrist completed an application for psychiatric …Read more

Tags: Assault, Compulsory commitment, Compulsory confinement, Compulsory treatment, Cruel and unusual punishment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Examination, Forced treatment, Health regulation, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Molestation, Psychiatry, Psychology, Psychosis, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Threat of violence, Violence against women
Download Judgment: English

Alimov v. Turkey

Country: Turkey
Year: 2016
Court: The European Court of Human Rights
Citation: Application no. 14344/13
Health Topics: Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to water and sanitation
Facts:

This case relates to the lawfulness and material conditions of the detention of an Uzbek refugee in Turkish holding facilities. The applicant and his family sought refuge in Turkey. The applicant was refused entry. He was placed in a detention facility at the airport pending his repatriation. The applicant’s new asylum request was rejected, to …Read more

Tags: Asylum, Cleanliness, Degrading treatment, Detainee, Detention, Immigrants, Immigration, Refugees
Download Judgment: English

Daniel Ng’etich v. Attorney General

Country: Kenya
Year: 2016
Court: High Court of Kenya, Constitutional and Human Rights Division
Citation: Petition No. 329 of 2014 [2016] eKLR
Health Topics: Health care and health services, Hospitals, Infectious diseases, Prisons, Public safety
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to liberty and security of person
Facts:

The Public Health Officer in the Nandi Central District arrested the petitioners- Daniel Ng’etich and Patrick Kipng’etich Kirui stating that they had failed to take the prescribed TB Medications. Under Section 27 of the Public Health Act, a magistrate could order the isolation and detention of a person who has been exposed to an infection. …Read more

Tags: Access to health care, Access to treatment, Clinics, Custody, Detainee, Detention, Health facilities, Imprisonment, Prison conditions, Private hospitals, Public hospitals, Safety regulation, TB, Tuberculosis
Download Judgment: English

Mambu v The Democratic Republic of the Congo

Country: Congo, DRC
Year: 2016
Court: United Nations Human Rights Committee
Citation: Communication No. 2465/2014; UN Doc. CCPR/C/118/D/2465/2014
Health Topics: Health care and health services, Hospitals, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to participation
Facts:

Eugène Diomi Ndongala Nzo Mambu was a national of the Democratic Republic of the Congo and president of the opposition political party in the State, challenging the legitimacy of an election. He alleged that he was abducted in 2012 and held incommunicado for three months and 13 days while being interrogated about his ties with …Read more

Tags: Abuse, Access to health care, Access to medicines, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions
Download Judgment: English

Writ Of Habeas Corpus 124.306 Rio De Janeiro STATE

Country: Brazil
Year: 2016
Court: Supreme Federal Court of Brazil
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The writ of Habeas Corpus was brought for the release of the defendants who were arrested for providing illegal abortion services through their clinic with the consent of the women. The Criminal District Court released the defendants but allowed the appeal of the Public Prosecutor for a pre-trial detention. The decision was based on the …Read more

Tags: Abortion, Access to health care, Access to treatment, Birth control, Childbirth, Clinics, Contraception, Contraceptives, Custody, Detainee, Detention, Family planning, Health facilities, Late-term abortion, Maternal health, Pregnancy, Private hospitals, Termination of pregnancy, Therapeutic abortion
Download Judgment: English Portuguese

Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania

Country: Romania
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea.  Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more

Tags: Abuse, Access to health care, Access to treatment, Compulsory examination, Compulsory testing, Compulsory treatment, Counseling, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Epilepsy, Examination, Forced examination, Forced treatment, Imprisonment, Inadequate treatment, Inappropriate treatment, Incapacity, Incarceration, Informed choice, Inmate, Involuntary examination, Involuntary treatment, Jail, Lung disease, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Negligence, Neurological diseases, Noncommunicable diseases, Patient choice, Pneumonia, Prison conditions, Psychosis, Pulmonary diseases, Respiratory diseases, Standard of care, Suicide, Trauma
Download Judgment: English

Attorney General, et al. v. Dickson Tapela, et al.

Country: Botswana
Year: 2015
Court: Court of Appeal of the Republic of Botswana at Gaborone
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

Case 1: Tapela and Piye, two Zimbabwean nationals imprisoned in Botswana, both contracted HIV in prison. They were refused antiretroviral treatment for their condition based on a internal directive issued by the national government to all public medical institutions and personnel on March 26, 2004, indicating that testing, assessment, and treatment with antiretroviral and highly active …Read more

Tags: Access to health care, Access to treatment, AIDS, Detainee, Detention, Diagnostics, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Jail, Law enforcement, People living with HIV/AIDS, Testing
Download Judgment: English

Giorgini v. Italy

Country: Italy
Year: 2015
Court: The European Court of Human Rights
Citation: Application No. 20034/11
Health Topics: Aging, Chronic and noncommunicable diseases, Hospitals, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Ms. Ebe Gigliola Giorgini, the applicant, is an Italian national who was born in 1933. In 2008, the applicant was convicted by the District Court for a number of different offenses, including criminal association, aggravated fraud, and ill-treatment. In 2010, the applicant underwent a second set of criminal proceedings. On June 9, 2010, the Pistoia …Read more

Tags: Aged persons, Degrading treatment, Detainee, Detention, Elderly, Health facilities, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Older persons, Prison conditions
Download Judgment: English

Kanthasamy v Canada (Citizenship and Immigration)

Country: Canada
Year: 2015
Court: The Supreme Court of Canada
Citation: 2015 SCC 61
Health Topics: Child and adolescent health, Disasters and emergencies, Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The appellant was a 17 year old boy who applied for permanent residence from within Canada, having previously landed as a refugee claimant. He travelled to Canada to escape threatened violence from the army and police in Sri Lanka, his native country after he was detained and questioned by the Sri Lankan police and army. …Read more

Tags: Abuse, Access to healthcare, Access to treatment, Armed conflict, Assault, Asylum, Child development, Children, Custody, Depression, Detainee, Detention, Humanitarian crisis, Immigrants, Immigration, Law enforcement, Manmade disaster, Mental disorder, Mental illness, Migrants, Military, Minor, Police, Psychology, Refugees, Trauma
Download Judgment: English

Monim Elgak, Osman Hummeida and Amir Suliman v Sudan

Country: Sudan
Year: 2015
Court: African Commission on Human and Peoples’ Rights
Citation: Communication 379/09
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to liberty and security of person
Facts:

The complainants were human rights activists who were arrested, tortured and ill-treated by the Intelligence Services of Sudan. They were also compelled to leave Sudan. Mr. Suliman’s human rights organization was further shut down by the Sudanese Authorities. During the interrogation, the authorities threatened to kill and rape Mr. Hummeida. He was further denied medical …Read more

Tags: Abuse, Access to health care, Access to treatment, Assault, Bullying, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Heart diseases, Imprisonment, Inhuman treatment, Law enforcement, Torture
Download Judgment: English
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