156 judgments found.

F.K.A.G. et al. v. Australia

Country: Australia
Year: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2049/2011, CCPR/C/108/D/2094/2011
Health Topics: Child and adolescent health, 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 liberty and security of person
Facts:

The authors, 37 Sri Lankan citizens held in Australian immigration detention facilities, alleged that the actions of the Australian government regarding their detention violated Articles 7, 9, 10, 17, 23, and 24 of the International Covenant on Civil and Political Rights (the “Covenant”).   At the time of the submission, all of the authors were …Read more

Tags: Access to health care, Access to treatment, Asylum, Child development, Cruel treatment, Degrading treatment, Depression, Detainee, Detention, Immigration, Inhuman treatment, Migrants, Refugees, Suicide
Download Judgment: English

Inglis v. British Columbia (Minister of Public Safety)

Country: Canada
Year: 2013
Court: British Columbia Supreme Court
Citation: 2013 BCSC 2309
Health Topics: Child and adolescent health, Poverty, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to liberty and security of person
Facts:

The plaintiffs brought a case before the British Columbia Supreme Court following the 2006-2007 decision by the Ministry of Public Safety to cancel the Mother Baby Program at the Alouette Correctional Centre for Women, a women’s prison. This program had allowed incarcerated mothers and their babies to live at the institution together, subject to the …Read more

Tags: Breastfeeding, Child development, Children, Cruel and unusual punishment, Custody, Detainee, Detention, Imprisonment, Incarceration, Indigent, Infant health, Inmate, Jail, Low income, Maternal health, Pediatric health, Poor, Prison conditions, Underprivileged
Download Judgment: English

Lohé Issa Konaté v. Burkina Faso

Country: Burkina Faso
Year: 2013
Court: African Court on Human and Peoples' Rights (Cour Africaine des droits de l’homme et des peoples)
Citation: Application No. 004/2013
Health Topics: Health care and health services, Prisons
Human Rights: Freedom of expression, Right to health
Facts:

Lohé Issa Konaté alleged that his criminal conviction in Burkina Faso for libel was a violation of his right to freedom of expression, contrary to Article 9 of the African Charter on Human and Peoples’ Rights (“Charter”) and Article 19 of the International Covenant on Civil and Political Rights (“ICCPR”). At the High Court, Konaté …Read more

Tags: Access to health care, Access to treatment, Custody, Detainee, Detention, Imprisonment, Incarceration, Inmate, Jail
Download Judgment: English

M.M.M. v. Australia

Country: Australia
Year: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2136/2012, CCPR/C/108/D/2136/2012
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 liberty and security of person
Facts:

The authors, nine persons held in Australian immigration detention facilities, alleged violations of various articles (named below) of the International Covenant on Civil and Political Rights (the “Covenant”). The authors had different backgrounds. Two were Myanmarese citizens, six were Sri Lankan citizens, and one was a Kuwaiti citizen. They all entered Australian territorial waters on …Read more

Tags: Access to health care, Access to treatment, Asylum, Cruel treatment, Degrading treatment, Depression, Detainee, Detention, Immigration, Inhuman treatment, Mental illness, Migrants, Refugees
Download Judgment: English

Salakhov and Islyamova v. Ukraine

Country: Ukraine
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Medical malpractice, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more

Tags: Access to health care, Access to treatment, AIDS, Custody, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health records, HIV, HIV positive, HIV status, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, People living with HIV/AIDS, Police, Public hospitals, Remedies, Standard of care, Testing, Trauma
Download Judgment: English

Benali v Libya

Country: Libya
Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication No. 1805/2008
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to liberty and security of person, Right to life
Facts:

On 9 August 1995, B, a Libyan citizen, was arrested by the Libyan Internal Security Agency and held in secret detention at Abu Slim prison. In September 2000, B’s relatives were informed that B was alive and allowed to visit him in prison. During those visits, B told his relatives he had been regularly tortured …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Forced disappearance, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Jail, Prison conditions, Solitary confinement, Torture
Download Judgment: English

Bures v The Czech Republic

Country: Czech Republic
Year: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1819
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Hospitals, Informed consent, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

This case concerned an application against the Czech Republic lodged with the European Court of Human Rights (ECHR) under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The applicant alleged that he was ill-treated in a sobering-up centre in violation of Article 3 of the Convention, and …Read more

Tags: Compulsory commitment, Compulsory treatment, Controlled substances, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hospitals, Informed consent, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mental disability, Mental health, Mental institution, Neurological diseases, Psychiatry, Psychology, Psychosis, Psychotropic drugs, Rehabilitation, Torture
Download Judgment: English

Centre for Addiction and Mental Health v. Ontario

Country: Canada
Year: 2012
Court: Court of Appeals for Ontario
Citation: 2012 ONCA 342
Health Topics: Hospitals, Informed consent, Mental health, Prisons
Human Rights: Right to liberty and security of person
Facts:

The Centre for Addition and Mental Health (CAMH) and the Mental Health Centre Penetanguichene (MHCP)appealed an order by the Mental Disorder Court to send a person accused of sexual assault to a hospital for psychiatric treatment. The judge knew that beds for treatment would not be available until six days later. The appeal was on …Read more

Tags: care, Compulsory commitment, Compulsory confinement, Compulsory treatment, Criminalization, Custody, Depression, Detainee, Detention, Harm reduction, Health care professionals, Health facilities, Imprisonment, Incapacity, Incompetence, Inmate, Involuntary confinement, Involuntary treatment, Jail, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Prison conditions, Private hospitals, Psychiatry, Psychology, Public hospitals
Download Judgment: English

Eremiášová and Pechová v. The Czech Republic

Country: Czech Republic
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 23944/04
Health Topics: Prisons
Human Rights: Right to life
Facts:

V.P., the partner of the first applicant and son of the second applicant, was arrested for suspected burglary. At the Police Department he was charged with illegal entry into a house and theft. According to official reports, after V.P. signed the notice of charges, he asked to use the toilet. He was accompanied to the …Read more

Tags: Custody, Detainee, Detention, Imprisonment, Incarceration, Inmate, Jail, Law enforcement, Police
Download Judgment: English

Goginashvili v. Georgia

Country: Georgia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 47729/08
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Goginashvili, a prisoner, sued the government of Georgia, alleging that the prison authority violated his right to health care due to its failure to protect his health and well-being in prison, contrary to its obligation under Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). Article 3 prohibits …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Detainee, Detention, Hepatitis, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Kidney disease, Prison conditions
Download Judgment: English
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