27 judgments found.

Condron v. United Kingdom

Country: United Kingdom
Year: 2000
Court: European Court of Human Rights
Citation: App. No. 35718/97, 31 Eur. H.R. Rep. 1 (2001).
Health Topics: Controlled substances
Human Rights: Right to due process/fair trial
Facts:

The applicants, who were heroine addicts, had been arrested and convicted for drug related offences. Upon their arrest, the solicitor had maintained that they were unfit to be interviewed as they were displaying early stages of heroine withdrawal. However, the Force Medical Examiner assessed both applicants as fit to be interviewed. Both applicants failed to …Read more

Tags: Addiction, Drug abuse, Drug enforcement, Drug use, Heroin, Law enforcement, People who use drugs, Police, Substance abuse
Download Judgment: English

R v. Parker

Country: Canada
Year: 2000
Court: Ontario Court of Appeal
Citation: [2000] OJ No. 2787, 135 OAC 1
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Hospitals, Informed consent, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

Terrance Parker suffered from severe epilepsy since he was a young child. He could substantially reduce the incidence of seizures by smoking marihuana, but he had no legal source of marihuana. Parker was charged with cultivating marihuana under the Narcotic Control Act and with possession of marihuana under the new Controlled Drugs and Substances Act. …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Alternative medicine, Clinical testing, Clinical trials, Criminalization, Drug enforcement, Drug safety, Drug use, Epilepsy, Experimental treatment, Harm reduction, Manufacturing, Marijuana, Neurological diseases, Patient choice, People who use drugs
Download Judgment: English

Strykiwsky v. Mills (in his capacity as Warden of Stony Mountain Institution)

Country: Canada
Year: 2000
Court: Federal Court - Trial Division
Citation: Court File no. T-389-00
Health Topics: Controlled substances, Health care and health services, Medicines, Prisons
Human Rights: Freedom from discrimination
Facts:

The applicant was an inmate of Warkworth prison and a long time heroin addict. While an inmate, the applicant sought to overcome this addiction. The Correctional Service of Canada had a 2-phase program to address addiction cases.  Phase I provided regular doses of methadone “only to those entering federal prison… already enrolled in a community …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Addiction, Drug abuse, Drug use, Emergency care, Heroin, Imprisonment, Incarceration, Inmate, Jail, Methadone, Opioids, People who use drugs, Rehabilitation, Substance abuse
Download Judgment: English French

Aerts v. Belgium

Country: Belgium
Year: 1998
Court: European Court of Human Rights
Citation: Application No. 25357/94; (1998) 29 EHRR 50; [1998] ECHR 64; 5 BHRC 382; [1998] HRCD 749; (2000) 53 BMLR 79
Health Topics: Controlled substances, 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:

Michael Aerts, complained his continued detention in the psychiatric wing of a prison pending his transfer to the Social Protection Centre breached the right to liberty and security of person in article 5(1) of the European Convention on Human Rights (ECHR), the right to fair hearing under article 6(1) of the ECHR, and the prohibition …Read more

Tags: Access to health care, Access to treatment, Alcohol, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug use, Emergency care, Heroin, Imprisonment, Incarceration, Inhuman treatment, Inmate, Mental disability, Mental disorder, Mental illness, Mental institution, People who use drugs, Torture
Download Judgment: English French

Winnipeg Child, et al. v. D.F.G.

Country: Canada
Year: 1997
Court: Supreme Court
Citation: [1997] 3 R.C.S.
Health Topics: Controlled substances, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to liberty and security of person
Facts:

The respondent was five months pregnant with her fourth child and addicted to glue sniffing, which is known to be potentially damaging to the nervous system of a developing fetus. Two of her previous children were born permanently disabled as a result of her addiction and were permanent wards of the state. A judge of …Read more

Tags: Addiction, Compulsory treatment, Drug use, Forced treatment, Involuntary treatment, Mandatory treatment, Maternal health, People who use drugs, Pregnancy, Rehabilitation, Substance abuse
Download Judgment: English French

Johansen v. Norway

Country: Norway
Year: 1996
Court: European Court of Human Rights
Citation: Case No. 24/1995/530/616, August 7, 1996
Health Topics: Child and adolescent health, Controlled substances, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to family life
Facts:

Johansen (J) gave birth to a son, C, in 1977 when she was seventeen years old and they became dependent on social assistance. From 1980 onwards she cohabited with a man who was sentenced to two years’ imprisonment for drug offences in 1983 and who mistreated her and C. The welfare authorities assisted J on …Read more

Tags: Alcohol, Child development, Children, Domestic abuse, Domestic violence, Drug abuse, Drug use, Mental disorder, Mental illness, Minor, Substance abuse
Download Judgment: English French

Griffin v. Spain

Country: Spain
Year: 1995
Court: United Nations Human Rights Committee
Citation: U.N. H.R. Comm., U.N. Doc. CCPR/C/53/D/493/1992 (Apr. 5, 1995).
Health Topics: Controlled substances, 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, Right to privacy
Facts:

The petitioner, a Canadian citizen, was arrested along with two acquaintances when the group attempted to enter Spain with large quantities of hashish concealed in their vehicle. The petitioner claimed to have no knowledge of the contraband, and his acquaintances also told police that he was innocent of any wrongdoing. Nevertheless, the examining magistrate incarcerated …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug use, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, People who use drugs, Police, Prison conditions, Torture
Download Judgment: English