JOO v. Attorney General & six others

Country: Kenya
Year: 2018
Court: High Court of Kenya at Bungoma
Citation: [2018] eKLR
Facts:

The Petitioner, Josephine Majani, was a woman from a poor economic background, who was in need of maternal care. As she could not afford private medical care, she went to Bungoma County Referral Hospital, a public health care facility that ought to provide free maternal health care following a Presidential directive that was issued on …Read more

Tags: Freedom from Torture and Cruel, Health care and health services, Health information, Hospitals, Inhuman or Degrading Treatment, Medicines, Right of Access to Information, Right to Health, Sexual and reproductive health
Download Judgment: English

MP v Secretary of State for the Home Department

Country: Sri Lanka, United Kingdom
Year: 2018
Court: Court of Justice of the European Union
Citation: (2018) C-353/16
Facts:

The appellant, MP, was detained and tortured by the Sir Lankan security forces because he was a member of the Liberation Tigers of Tamil Eelam. MP subsequently moved to the United Kingdom in 2005, where he sought asylum, in 2009, on the basis that he would be at further risk of ill-treatment if he returned …Read more

Tags: Freedom from Torture and Cruel, Health care and health services, Inhuman or Degrading Treatment, Mental health, Right to Health
Download Judgment: English

PBU v Mental Health Tribunal

Country: Australia
Year: 2018
Court: Supreme Court of Victoria
Citation: [2018] VSC 564
Facts:

Both the plaintiffs were diagnosed with schizophrenia and were ordered to undergo compulsory electroconvulsive treatment (ECT). The case arose from the plaintiffs’ appeal of the Victorian Civil and Administrative Tribunal’s (VCAT) order that they are administered ECT. VCAT made this decision pursuant to its findings that both individual plaintiffs lacked the capacity to give informed …Read more

Tags: Disabilities, Freedom from Discrimination, Health care and health services, Health information, Informed consent, Medical malpractice, Mental health, Right to bodily integrity, Right to Health, Right to Privacy
Download Judgment: English

Mwewa et al. v Zambia (Attorney General) et al.

Country: Zambia
Year: 2017
Court: High Court of Zambia
Citation: [2017] ZMHC 77
Facts:

The petitioners, Gordon Maddox Mwewa, Mulima Santa Kasote, and Sylvester Katontoka were involuntarily detained in Chainama Hills Hospital following periods of mental health issues. Out of the three petitioners, Kasote and Katontoka were arrested and detained by police officers according to the Mental Disorders Act. They filed the petition before the High Court of Zambia …Read more

Tags: Freedom from Discrimination, Freedom from Torture and Cruel, Health care and health services, Informed consent, Inhuman or Degrading Treatment, Mental health, prisons, Public safety, Right to Health, Right to Liberty and Security of Person, Right to Property, violence
Download Judgment: English

European Roma and Travellers Forum (ERTF) v. the Czech Republic

Country: Czech Republic
Year: 2016
Court: European Committee of Social Rights
Citation: Complaint No. 104/2014
Facts:

The complainant, European Roma and Travellers Forum (ERTF), filed a complaint against the respondent, the Czech Republic, alleging violation of Article 16 of the European Social Charter, 1961, which provides for right of the family to social, legal and economic protection, on the grounds that Roma people suffered from a lack of accessible housing, residential …Read more

Tags: Child and adolescent health, Freedom from Discrimination, Health care and health services, Health information, Health systems and financing, Infectious diseases, Poverty, Right to a Clean Environment, Right to Health, right to housing, Right to water and sanitation, sanitation and hygiene, Water
Download Judgment: English

Federation of Catholic Families in Europe v. Sweden

Country: Sweden
Year: 2015
Court: European Committee of Social Rights
Citation: Complaint No. 99/2013
Facts:

The complainant, Federation of Catholic Families in Europe (FAFCE), had alleged violation of Article 11 of the European Social Charter(hereinafter Charter) on the ground that the government of Sweden (hereinafter respondent) had failed to enact legislation or insufficient/poorly implement legislation governing the practice of conscientious objection by health care providers, which had led to discrimination …Read more

Tags: Freedom from Discrimination, freedom of religion, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Occupational health, Right to Enjoyment of Favorable Working Conditions, Right to Health, Sexual and reproductive health
Download Judgment: English

Gajewski v. Wilkie

Country: Canada
Year: 2014
Court: Ontario Court of Appeal
Citation: [2014] O.J. No. 6026
Facts:

The Appellant, Mr. Bartosz Gajewski, was detained at the Centre for Addiction and Mental Health (hereinafter CAMH) in Toronto after he was found to be suffering from a mental disorder at his trial on the charges of assault and attempted kidnapping. After his admission into CAMH, the doctor proposed antipsychotic medication and provided information to …Read more

Tags: Health care and health services, Informed consent, Mental health, Right to bodily integrity, Right to Due Process/Fair Trial
Download Judgment: English

Jasinskis v. Latvia

Country: Latvia
Year: 2011
Court: European Court of Human Rights
Citation: Application no. 45744/08
Facts:

The applicant, Mr. Aleksandrs Jasinskis filed an application against the respondent, the Republic of Latvia after the applicant’s son had died in police custody. He filed the application under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Article 34 provides a right to victims whose rights have been violated …Read more

Tags: Disabilities, Freedom from Torture and Cruel, Health care and health services, Inhuman, prisons, Right to Health, Right to Life
Download Judgment: English

Pitalev v. Russia

Country:
Year: 2009
Court: European Court of Human Rights
Citation: Application no. 34393/03
Facts:

The case originated as an application against the Russian Federation filed with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter the Convention) by a Russian national, Mr. Sergey Gennadyevich Pitalev ( hereinafter the applicant) in 2003. The primary concern is the case was about the …Read more

Tags: Diet and nutrition: Food safety, Freedom from Torture and Cruel, Health care and health services, Hospitals, Inhuman or Degrading Treatment, prisons, water sanitation and hygiene
Download Judgment: English
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