198 judgments found.

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

Smith v. Carpenter

Country: United States
Year: 2003
Court: 2nd Circuit Court of Appeal
Citation: 316 F.3d 178 (2003)
Health Topics: Health care and health services, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Plaintiff filed suit alleging that Defendants deprived him of HIV medication on two occasions during his incarceration at the Camp Pharsalia Correctional Facility. The first deprivation occurred in October 1998 and lasted seven days, resulting from a delay in refilling Plaintiff’s prescriptions. The second occurred in January 1999, when Plaintiff’s medication was confiscated during a …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Cruel and unusual punishment, Cruel treatment, Custody, Detention, First-line treatment, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, People living with HIV/AIDS, PLHIV, Second-line treatment
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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
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C. v. Australia

Country: Australia
Year: 2002
Court: United Nations Human Rights Committee
Citation: U.N. H.R. Comm., U.N. Doc. CCPR/76/D/900/1999 (Nov. 13, 2002).
Health Topics: 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:

Petitioner claimed a breach of Article 7 (freedom from torture, cruel, inhuman or degrading treatment and punishment) and Article 9, particularly Article 9(1) (right to liberty and security of person) and Article 9(4) (a person deprived of liberty’s right to fair trial) of the International Covenant on Civil and Political Rights (ICCPR) when he was …Read more

Tags: Compulsory confinement, Detention, Involuntary confinement, Mental disorder, Mental illness, Torture
Download Judgment: English

Joyce Nakacwa v. Attorney General, et al.

Country: Uganda
Year: 2002
Court: Constitutional Court at Kampala
Citation: [2002] UGCC 1; Constitutional Petition No. 2 of 2001
Health Topics: Child and adolescent health, Health care and health services, Hospitals, 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 health, Right to liberty and security of person, Right to life, Right to privacy, Right to water and sanitation
Facts:

On June 21, 2001, the petitioner delivered a baby by the roadside and visited the second respondent’s Naguru Maternity Home/Clinic with the baby still attached to her. She received no medical care and was referred to another hospital. The petitioner was unable to walk the distance and was forced to sit outside with her newborn …Read more

Tags: Access to health care, Access to treatment, Childbirth, Clinics, Compulsory examination, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Emergency care, Forced examination, Health facilities, Humiliating treatment, Infant mortality, Inhuman treatment, Involuntary examination, Jail, Law enforcement, Mandatory examination, Maternal health, Mob, Police, Pregnancy, Prison conditions, Torture
Download Judgment: English

Kalashnikov v. Russia

Country: Russia
Year: 2002
Court: European Court of Human Rights
Citation: App. No. 47095/99, 36 Eur. H.R. Rep. 34 (2003).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons, Tobacco, Water, sanitation and hygiene
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:

Applicant, Russian national and President of the Northeast Commercial Bank, was accused of embezzlement and placed in detention. According to the applicant, he was detained in overcrowded and unsanitary cells, which occasionally contained inmates suffering from tuberculosis and syphilis. Moreover, the cells had inadequate toilet facilities, insufficient ventilation, and pest infestations. As a result the …Read more

Tags: Access to health care, Access to treatment, Cleanliness, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Passive smoking, Prison conditions, Second-hand smoke, Smoking, Torture, Tuberculosis

Lavents v. Latvia

Country: Latvia
Year: 2002
Court: European Court of Human Rights
Citation: Application No. 58442/00 (November 28, 2002)
Health Topics: Prisons
Human Rights: Right to due process/fair trial, Right to family life, Right to liberty and security of person
Facts:

L, who was a Latvian national, was the former chairman of the supervisory board of Latvia’s largest bank. The bank went into liquidation, causing severe damage to the national economy and the financial ruin of many. L was suspected of the offence of sabotage for having authorized the transfer of approximately 139 million euros, more …Read more

Tags: Detainee, Detention, Prison conditions
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Montgomery v. Pinchak

Country: United States
Year: 2002
Court: 3rd Circuit Court of Appeal
Citation: 294 F.3d 492 (2002)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The Appellant, Montgomery, was an inmate at the East Jersey State Prison (the Prison). Montgomery suffered from a heart condition and was HIV-positive. He brought these proceedings against prison administrative officials, the private corporate entity providing medical care to the prison (CMS), and a physician employed by CMS as an independent contractor at the prison. …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Cruel and unusual punishment, Detention, First-line treatment, Heart disease, Imprisonment, Inmate, Jail, Noncommunicable diseases, Pharmaceuticals, Second-line treatment, Secondary care, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Tertiary care, Torture
Download Judgment: English

Paul Lallion v. Grenada

Country: Grenada
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Paul Lallion, Report No. 55/02, Case 11.756, IACHR, Doc. 5 rev. 1 at 551, 21 October 2002
Health Topics: Diet and nutrition, Health care and health services, Poverty, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Paul Lallion appealed to the Inter-American Commission on Human Rights alleging that his death penalty sentencing and appeal process, as well as the prison conditions he was subjected to during this process, violated Articles 4 (right to life), 5 (right to humane treatment), 7 (right to personal liberty), 8 (right to a fair trial), and …Read more

Tags: Abuse, Access to health care, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Diet, Execution, Imprisonment, Incarceration, Indigent, Inhuman treatment, Inmate, Jail, Law enforcement, Police, Poor, Prison conditions, Solitary confinement
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