204 judgments found.

Daniel David Tibi v. Ecuador

Country: Ecuador
Year: 2004
Court: Inter-American Court of Human Rights
Citation: Series C No. 114, September 7, 2004
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: 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, Right to privacy, Right to property
Facts:

Daniel Tibi was a gem merchant who was arrested in 1995 while he was driving his car down a street in Quito, Ecuador. He was detained by officers of the Quito police force without a court order and taken by plane to the city of Guayaquil, 600 kilometers from Quito, where he was placed in …Read more

Tags: Abuse, Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Depression, Detainee, Detention, Forced disappearance, Humiliating treatment, Immigration, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Law enforcement, Migrants, Police, Torture
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De Bruyn v. Minister of Justice and Customs

Country: Australia
Year: 2004
Court: Federal Court of Australia
Citation: (2004) 143 FCR 162; (2004) 213 ALR 479; [2004] FCAFC 334
Health Topics: HIV/AIDS, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The Appellant, De Bruyn, was a citizen of South Africa. The Respondent, the Minister of Justice and Customs (the Minister), ordered the Appellant to be surrendered to South Africa for an extradition offense. The Appellant was to be charged in South Africa with defrauding the First National Bank of South Africa. The Treaty on Extradition …Read more

Tags: AIDS, Cruel and unusual punishment, Cruel treatment, Detention, HIV, Imprisonment, Incarceration, Inhuman treatment, Jail, Law enforcement, Most-at-risk, Rape, Sexual abuse, Sexual assault, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture, Transmission
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De la Cruz-Flores v. Peru

Country: Peru
Year: 2004
Court: Inter-American Court of Human Rights
Citation: De la Cruz-Flores v. Peru. Merits, Reparations, and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 115 (Nov. 18, 2004).
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from discrimination, 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
Facts:

Physician María Teresa De La Cruz Flores was detained on March 27, 1996, and charged with terrorism for providing medical services to members of Sendero Luminoso, a guerrilla group in Peru. She was prosecuted before a secret (“faceless”) judge and sentenced on November 21, 1996, to 20 years in prison under a provision that seven …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Depression, Detention, Health care professionals, Health care workers, Humiliating treatment, Imprisonment, Inhuman treatment, Militias, Prison conditions, Torture
Download Judgment: English

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
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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
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Madafferi v. Australia

Country: Australia
Year: 2004
Court: United Nations Human Rights Committee
Citation: U.N. Doc.CCPR/C/81/D/1011/2001 (Aug. 26, 2004).
Health Topics: Child and adolescent health, Health care and health services, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to liberty and security of person, Right to privacy
Facts:

The petitioner, an Italian citizen detained by Australian authorities for breach of immigration law, alleged possible violations of family rights under the International Covenant on Civil and Political Rights (ICCPR) due to his continued detention which led to his mental health deterioration. Initially, when petitioner suffered a mental health deterioration while detained, he was released …Read more

Tags: Child development, Children, Compulsory confinement, Detention, Immigration, Involuntary confinement, Mandatory confinement, Migrants, Minor, Psychiatry
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Minister for Immigration and Multicultural and Indigenous Affairs v. SGLB

Country: Australia
Year: 2004
Court: High Court
Citation: (2004) 78 ALD 224; (2004) 207 ALR 12; (2004) 78 ALJR 992; [2004] HCA 32
Health Topics: Mental health
Human Rights: Right to due process/fair trial
Facts:

The Respondent, SGLB, was an Iranian national who arrived in Australia without a visa in June 2000. He was immediately placed in immigration detention. In his initial interview with immigration officers there was “no suggestion by him that any fear of persecution and possible incarceration by the authorities there motivated his departure from Iran” (para. …Read more

Tags: Asylum, Depression, Detention, Immigration, Mental competence, Mental disability, Mental disorder, Mental illness, Migrants, Psychiatry, Psychology, Refugees, Suicide
Download Judgment: English

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
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Re Woolley, ex parte Applicants M276

Country: Australia
Year: 2004
Court: High Court
Citation: (2004) 225 CLR 1; (2004) 80 ALD 1; (2004) 210 ALR 369; (2004) 79 ALJR 43; (2004) 32 Fam LR 180; [2004] HCA 49
Health Topics: Child and adolescent health, Infectious diseases, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Freedom of religion, Right to liberty and security of person
Facts:

The Applicants were four Afghani children who arrived in Australia with their parents as “unlawful non-citizens” (a person who is in the migration zone who is not an Australian citizen and who does not hold a valid visa) according to the Migration Act 1958 (the Act). The family was placed in immigration detention pursuant to …Read more

Tags: Asylum, Child development, Children, Compulsory commitment, Compulsory confinement, Cruel and unusual punishment, Depression, Detention, Immigration, Involuntary commitment, Mandatory commitment, Mandatory confinement, Mental competence, Mental illness, Migrants, Minor, Psychiatry, Psychology, Refugees, Seclusion, Torture
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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