6 judgments found.

Canada (Attorney General) v. PHS Community Services

Country: Canada
Year: 2011
Court: Supreme Court
Citation: [2011] 3 S.C.R. 134; [2011] S.C.C. 44
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Right to liberty and security of person, Right to life
Facts:

Insite was a medical facility that supervised intravenous drug use. It was established in response to escalating intravenous drug use and a rise in HIV/AIDS and hepatitis C infections among the population of the downtown eastside (DTES) area of Vancouver. In 2003, pursuant to section 56 of the Controlled Drug and Substances Act (CDSA), which …Read more

Tags: Access to health care, Access to treatment, Addiction, AIDS, Clinics, Criminalization, Drug abuse, Drug use, Health facilities, Hepatitis, Heroin, HIV, IDUs, Injecting drug users, Most-at-risk, Opioids, People who use drugs, Rehabilitation, Substance abuse, Transmission
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Case STS 21-6-2010

Country: Spain
Year: 2010
Court: Supreme Court
Health Topics: Controlled substances, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of religion
Facts:

The applicants, Mr. Eulalio and Mrs. Ariadna worked as nurses at the Prison of Albacete. The prison had, allegedly, implemented the so-called Syringe Exchange Program (“Program”), a public health program developed by the Penitentiary Health General Sub-Directorate. The experimental Program was launched with the objective of preventing the transmission of diseases between inmates by, among …Read more

Tags: Abortion, Addiction, Conscientious objection, Custody, Drug abuse, Drug use, Harm reduction, Health care professionals, Health care workers, IDUs, Imprisonment, Incarceration, Injecting drug users, Inmate, Jail, People who use drugs, Rehabilitation, Substance abuse, Termination of pregnancy
Download Judgment: English

Shelley v. United Kingdom

Country: United Kingdom
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 23800/06; [2008] ECHR 108; (2008) 46 EHRR SE16
Health Topics: Controlled substances, Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
Facts:

The applicant was a United Kingdom national imprisoned at H.M. Prison Whitemoor who complained that the Government’s failure to provide needle exchange programs in prisons violated the rights of prisoners under Article 2 (respect for the right to life), Article 3 (prohibition of torture and inhuman or degrading treatment or punishment), Article 8 (respect for …Read more

Tags: Custody, Drug use, Harm reduction, Health care technology, Health regulation, Hepatitis, HIV, IDUs, Imprisonment, Incarceration, Informed choice, Inhuman treatment, Injecting drug users, Inmate, Jail, Most-at-risk, People who use drugs, Prison conditions, Transmission
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Case 54/2004 (XII.13.)

Country: Hungary
Year: 2004
Court: Constitutional Court
Health Topics: Child and adolescent health, Controlled substances
Human Rights: Freedom from discrimination, 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
Facts:

Five petitions brought separate challenges to Act IV of 1978 on the Hungarian Criminal Code (“Act”) related to the misuse of narcotic drugs. They argued that the Parliament had failed to ensure the exercise of the right to self-determination when it ordered the punishment of the production and cultivation of a small amount of narcotic …Read more

Tags: Addiction, Cannabis, Child development, Children, Cocaine, Criminalization, Drug abuse, Drug enforcement, Drug use, Heroin, IDUs, Injecting drug users, Minor, Opioids, Opium, Pediatric health, People who use drugs, Psychotropic drugs, Substance abuse
Download Judgment: English

McGlinchey and Ors. v. United Kingdom

Country: United Kingdom
Year: 2003
Court: European Court of Human Rights
Citation: McGlinchey v. U.K., App. No. 50390/99, 37 EHRR 41 (2003).
Health Topics: Controlled substances, Health care and health services, Health systems and financing, Medicines, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

Applicants, family members of an individual addicted to heroin who died in prison, alleged that the State violated Articles 3 (freedom from torture or to inhuman or degrading treatment or punishment) and 13 (right to effective remedy) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) because the prisoner, Ms. …Read more

Tags: Access to drugs, Access to treatment, Addiction, Criminalization, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug abuse, Drug use, Heroin, IDUs, Imprisonment, Incarceration, Inhuman treatment, Injecting drug users, Inmate, Jail, People who use drugs, Rehabilitation, Substance abuse
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Hospital Británico de Buenos Aires v. Estado Nacional (Ministerio de Salud y Acción Social)

Country: Argentina
Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: H. 90. XXXIV
Health Topics: Controlled substances, Health care and health services, Health systems and financing, HIV/AIDS
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to property
Facts:

Hospital Británico de Buenos Aires, a private health service provider, filled a guarantee of protection of individual constitutional rights (amparo protection) against the Federal State requiring the judiciary to declare that the National Act 24.754 was contrary to articles 14, 17, 28 and 33 of the National Constitution. The law obliged private health service providers …Read more

Tags: Access to health care, Access to treatment, Addiction, AIDS, Drug use, Health funding, Health insurance, Health regulation, HIV, IDUs, Injecting drug users, People living with HIV/AIDS, People who use drugs, PLHIV, Rehabilitation, Social security, Subsidies, Substance abuse
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