156 judgments found.

Gunan v. Kyrgyzstan

Country: Kyrgyzstan
Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication No. 1545/2007; CCPR/C/102/D/1545/2007
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

On 21 May 1998 an unidentified person left a bag containing an improvised explosive device (‘IED’) in a minibus in Osh, Kyrgyzstan. Unaware of its contents, the driver of the minibus gave the bag to someone to hold in case the owner came back to claim it. On 1 June 1998, the IED in the …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Jail, Police, Terrorism, Torture
Download Judgment: English Russian

Jeladze v. Georgia

Country: Georgia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 1871/08
Health Topics: Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Mr. Genadi Jeladze, an imprisoned Georgian national, discovered that he had contracted a chronic form of viral Hepatitis C (“HCV”) while in prison. A self-funded medical examination recommended antiviral treatment on an outpatient basis. In response, the prison offered drug treatment which did not include antiviral drugs. Over the next year, Jeladze’s lawyer requested a …Read more

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

Joyce Nawila Chiti v. Zambia

Country: Zambia
Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication no. 1303/2004
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to education, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

On 28 October 1997, JC (a military officer) was arrested by Zambian police for an attempted coup d’état. He was severely tortured and charged with treason. While being tortured, he was forced to sign false confessions and to implicate other military officials. Because of the torture, he was hospitalized at various times. On 31 October …Read more

Tags: Abuse, Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Cancer, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Execution, Forced disappearance, Forced displacement, HIV, HIV positive, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Law enforcement, Malnutrition, People living with HIV/AIDS, PLHIV, Police, Prison conditions, Refugees, Torture
Download Judgment: English

Koryak v. Russia

Country: Russia
Year: 2012
Court: The European Court of Human Rights
Citation: Application number 24677/10
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, 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 applicant was arrested and convicted of murder. The applicant alleged that he had not received proper medical attention while in detention and his detention and refusal to release despite his serious medical condition amounted to cruel treatment. He was sentenced to ten years of imprisonment in 2004. The applicant had been suffering from Tuberculosis …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Health facilities, HIV, HIV positive, HIV status, Imprisonment, Inhuman treatment, Inmate, Jail, Lung disease, People living with HIV/AIDS, PLHIV, Prison conditions, TB, Tuberculosis
Download Judgment: English

Munjaz v. United Kingdom

Country: United Kingdom
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 2913/06; [2012] ECHR 1704
Health Topics: Hospitals, Mental health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to family life, Right to liberty and security of person
Facts:

The Applicant, a UK citizen born in 1947, alleged that the seclusion policy (“Policy”) of Ashworth Special Hospital (“Ashworth”), the maximum security hospital where he was committed for a mental illness, violated the European Convention on Human Rights. After several instances of incarceration and hospitalization on account of various mental health issues, the applicant was …Read more

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Degrading treatment, Detainee, Detention, Incompetence, Inhuman treatment, Involuntary commitment, Involuntary confinement, Isolation, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology, Public hospitals, Seclusion, Torture
Download Judgment: English

Application of Justice Health, re a Patient

Country: Australia
Year: 2011
Court: Supreme Court of New South Wales
Citation: (2011) 80 NSWLR 354; [2011] NSWSC 432
Health Topics: Chronic and noncommunicable diseases, Informed consent, Prisons
Human Rights: Right to bodily integrity, Right to health
Facts:

An inmate in a correction centre (the “patient”) had end-stage lung cancer with, at best, weeks to live. The patient was incompetent to give consent or refuse any medical treatment and had no guardian who could provide substituted consent. The unanimous medical opinion was that further active treatment would be futile, and additional medical opinion …Read more

Tags: Cancer, Custody, Detainee, Detention, Imprisonment, Incarceration, Informed choice, Inmate, Involuntary treatment, Jail, Non-consensual testing and treatment, Noncommunicable diseases, Patient choice, Unauthorized treatment
Download Judgment: English

Brown v. Plata

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 1910 (2011)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Infectious diseases, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

This case involved an appeal from a decision made by a three-judge court that was convened by the Federal District Court to decide the appropriate remedy for violations of the Eighth Amendment to the United States Constitution. The violations were the subject of two related Federal District Court cases in California: Coleman v. Brown (1990) …Read more

Tags: Access to health care, Access to treatment, Budget, Cleanliness, Cruel and unusual punishment, Custody, Depression, Detainee, Detention, Diabetes, Health care professionals, Health care workers, Health facilities, Heart disease, Imprisonment, Incarceration, Inmate, Jail, Kidney disease, Mental disorder, Mental illness, Noncommunicable diseases, Prison conditions, Psychiatry, Psychology, Psychosis, Suicide, Waste
Download Judgment: English

Chimwemwe Mphembedzu v. The Republic

Country: Malawi
Year: 2011
Court: High Court
Citation: Bail Case No. 70 of 2011
Health Topics: Health care and health services, Prisons
Human Rights: Right to due process/fair trial
Facts:

This case considered whether a prisoner in ill health should be released from prison. The applicant was serving time in prison for murder. He argued that he should be released on bail given his ill health and that the delay in bringing his case to trial was unreasonable. He had been imprisoned since October 2007 …Read more

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

Egyptian Initiative for Personal Rights, et al. v. Egypt

Country: Egypt
Year: 2011
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 334/06
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

Three individuals (‘the victims’) were arrested, detained, interrogated, tried and sentenced to death by the Egyptian authorities for their alleged involvement in the 2004 and 2005 bomb attacks on tourist resorts in the Sinai Peninsula. The victims argued that in the course of these proceedings Egypt violated their rights to be free from torture and …Read more

Tags: Abuse, Access to health care, Access to treatment, Cruel treatment, Degrading treatment, Detainee, Detention, Examination, Execution, Inhuman treatment, Terrorism, Torture
Download Judgment: English

Elefteriadis v. Romania

Country: Romania
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 38427/05
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Applicant, Mr. Elefteriadis, alleged that he was exposed to second-hand smoke in crowded cells during several periods of detention, as well as in transport vehicles during frequent transfers between prison and court and in designated rooms for prisoners awaiting hearings. The applicant claimed such situations contravened Article 3 (freedom from inhuman and degrading treatment) of …Read more

Tags: Access to health care, Access to treatment, Cancer, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Lung disease, Noncommunicable diseases, Passive smoking, Prison conditions, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking
Download Judgment: French
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