156 judgments found.

Gelfmann v. France

Country: France
Year: 2004
Court: European Court of Human Rights
Citation: App. No. 25875/03, Eur. Ct. H.R. 679 (2008).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant, a prisoner, alleged violation of Article 3 of the European Convention on Human Rights when his application for pardon on medical grounds was refused. Applicant contracted HIV nine years prior to being sentenced to 20 years of imprisonment. Because applicant refused to undergo a medical exam or release access to his medical records, …Read more

Tags: Access to health care, Access to treatment, AIDS, Custody, Detainee, Detention, Examination, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English French

H.L. v. United Kingdom

Country: United Kingdom
Year: 2004
Court: European Court of Human Rights
Citation: App. No. 45508/99, 40 Eur. H.R. Rep. 761 (2004).
Health Topics: Health systems and financing, Hospitals, Mental health
Human Rights: Freedom from discrimination, 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 liberty and security of person
Facts:

The applicant, a United Kingdom national, suffered from severe autism. He was unable to speak, his level of understanding was limited, and he lacked the ability to consent or refuse treatment. For over thirty years he had been cared for in Bournewood Hospital as an in-patient at the Intensive Behavioural Unit after which time he …Read more

Tags: Compulsory commitment, Compulsory confinement, Detainee, Detention, Incompetence, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology
Download Judgment: English French Ukrainian

Odafe and Others v. Attorney-General and Others

Country: Nigeria
Year: 2004
Court: High Court, Port Harcourt Division
Citation: Suit No. FHC/PH/CS/680/2003; (2004) AHRLR 205 (NgHC 2004) 
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 due process/fair trial, Right to health, Right to life
Facts:

The Applicants were detainees living with HIV. They had been awaiting trial for up to four years. The Applicants claimed that their continuous detention and segregation from the general prison population was a violation of their rights to dignity of the human person and freedom from discrimination in sections 34(1)(a) and 42(1) of the Constitution. …Read more

Tags: Access to health care, Access to treatment, AIDS, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

Samuel Kaunda and Others v. President of the Republic of South Africa, et al.

Country: South Africa
Year: 2004
Court: Constitutional Court
Citation: [2004] ZACC 5
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
Facts:

The applicants in this case were 69 South African citizens held in Zimbabwe on a variety of charges, including the possession of and attempt to smuggle dangerous weapons. The applicants initially brought a claim before the High Court seeking to require that the South African Government: (1) take steps to have them extradited to South Africa so that …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Execution, Imprisonment, Incarceration, Inmate, Jail, Migrants, Prison conditions
Download Judgment: English

Tracy Lee Housel v. United States

Country: United States
Year: 2004
Court: Inter-American Commission on Human Rights
Citation: Report No. 16/04, Petition 129/02, February 27, 2004; OEA/Ser.L/V/II.122, Doc. 5 rev. 1 at 504, 23 February 2005
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person, Right to life
Facts:

This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners were Barristers with Tooks Court, London, a Solicitor with Lovells, London, and representatives of the Federal Defender Program, Atlanta, Georgia. Tracy Lee Housel …Read more

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Custody, Detainee, Detention, Execution, Imprisonment, Incarceration, Inmate, Mental disability, Mental disorder, Mental illness, Torture
Download Judgment: English Spanish

Aliev v. Ukraine

Country: Ukraine
Year: 2003
Court: The European Court of Human Rights
Citation: Application No. 41220/98
Health Topics: Diet and nutrition, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life
Facts:

The applicant was arrested and detained in Krasnodar, Russia and was transferred to a detention facility. The applicant was convicted of conspiring and carrying out organized crime, aiding and abetting and attempting murder. He was sentence to death by the Criminal Division of the Supreme Court. On the same day he was moved to cells …Read more

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Examination, Execution, Humiliating treatment, Imprisonment, Inhuman treatment, Inmate, Jail, Prison conditions, Solitary confinement
Download Judgment: English

McGlinchey and Ors. v. United Kingdom

Country: United Kingdom
Year: 2003
Court: European Court of Human Rights
Citation: McGlinchey v. U.K., App. No. 50390/99, 37 EHRR 41 (2003).
Health Topics: Controlled substances, Health care and health services, Health systems and financing, Medicines, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

Applicants, family members of an individual addicted to heroin who died in prison, alleged that the State violated Articles 3 (freedom from torture or to inhuman or degrading treatment or punishment) and 13 (right to effective remedy) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) because the prisoner, Ms. …Read more

Tags: Access to drugs, Access to treatment, Addiction, Criminalization, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug abuse, Drug use, Heroin, IDUs, Imprisonment, Incarceration, Inhuman treatment, Injecting drug users, Inmate, Jail, People who use drugs, Rehabilitation, Substance abuse
Download Judgment: English French Ukrainian

Sanjeewa, Attorney-at-Law (on behalf of Gerald Mervin Perera) v. Suraweera, Officer-in-Charge, Police Station and Others

Country: Sri Lanka
Year: 2003
Court: Supreme Court
Citation: S.C. No. 328/2002 (FR)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The Petitioner was arrested by the police on the mistaken identity as one “Gerrad” who was suspected of having committed a murder. The first Respondent was the Officer-in-charge of the police station while the others were subordinate officers and the 8th Respondent was the Inspector-General of Police. The Petitioner had been taken to the Wattala …Read more

Tags: Abuse, Access to health care, Access to treatment, Compensation, Cruel treatment, Custody, Detainee, Detention, Emergency care, Health facilities, Inhuman treatment, Police, Private hospitals, Reimbursement
Download Judgment: English

Stanfield v. The Minister of Correctional Services et al.

Country: South Africa
Year: 2003
Court: High Court - Cape of Good Hope Provincial Division
Citation: [2003] ZAWCHC 46
Health Topics: Chronic and noncommunicable diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

While serving a six-year sentence in prison, Stanfield was diagnosed with lung cancer.  Prior to this diagnosis he had already suffered from advanced coronary disease.  The lung cancer required treatment with chemotherapy for three consecutive days every twenty-one days over a period of at least six months. In light of his medical condition, Stanfield sought …Read more

Tags: Cancer, Custody, Detainee, Detention, Imprisonment, Incarceration, Jail, Lung disease, Noncommunicable diseases
Download Judgment: English

Y.F. v. Turkey

Country: Turkey
Year: 2003
Court: European Court of Human Rights
Citation: Application No. 24209/94; (2003) 39 EHRR 715; [2003] ECHR 391
Health Topics: 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 privacy
Facts:

YF was a Turkish national. On 15 October 1993, he was taken into custody on suspicion of aiding and abetting the Kurdish Workers Party (PKK), an illegal terrorist organization. Two days later, his wife, NF, was also taken into custody. NF was held in custody for four days, during which time she was allegedly kept …Read more

Tags: Abuse, Compulsory examination, Custody, Degrading treatment, Detainee, Detention, Forced examination, Humiliating treatment, Informed choice, Involuntary examination, Law enforcement, Mandatory examination, Patient choice, Police, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Torture, Violence against women
Download Judgment: English French Turkish