50 judgments found.

R (on the application of Q) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2003
Court: Court of Appeal, Civil Division
Citation: [2003] All ER (D) 409 (Oct); [2003] EWHC 2507 (Admin); [2004] QB 36 [2003]; EWCA Civ 364, [2003] 2 All ER 905
Health Topics: Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to housing, Right to social security
Facts:

F, M, D, B, J and Q were six asylum-seekers who had sought assistance from the Secretary of State under the Nationality, Immigration and Asylum Act, 2002. As per section 55 of the Act, the Secretary of State may not provide support to an asylum-seeker, if the Secretary “is not satisfied that the claim was …Read more

Tags: Asylum, Immigration, Indigent, Inhuman treatment, Migrants, Poor, Refugees
Download Judgment: English

Mansaray v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2002
Court: Immigration Appeal Tribunal
Citation: [2002] UKIAT 04459
Health Topics: Health care and health services, Mental health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Haja Mansaray, a Sierra Leone national, appealed a decision to refuse her asylum. She alleged that her removal would be contrary to the Refugee Convention and in violation of article 3 (inhuman or degrading treatment) of the European Convention on Human Rights (ECHR), because she would be unable to access the mental health care she …Read more

Tags: Access to health care, Access to treatment, Asylum, Depression, Immigration, Migrants, Rape, Refugees, Sexual violence, Violence against women
Download Judgment: English

Arcila Henao v. Netherlands

Country: Netherlands
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 13669/03
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The applicant was a Columbian national residing in the Netherlands. He complained that his expulsion to Columbia would violate Article 3 of the European Convention on Human Rights (the “Convention”) which prohibits torture and inhuman or degrading punishment, as he would be unable to continue treatment for his HIV and Hepatitis B and would therefore …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Cruel treatment, Degrading treatment, Essential medicines, First-line treatment, Hepatitis, HIV, HIV positive, Immigration, Indigent, Inhuman treatment, Low income, Migrants, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Poor, Refugees, Second-line treatment
Download Judgment: English

Bensaid v. United Kingdom

Country: United Kingdom
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 44599/98; (2001) 33 EHRR 10; [2001] ECHR 82; [2001] MHLR 287; [2001] INLR 325; 11 BHRC 297
Health Topics: Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life
Facts:

Bensaid brought an action against the United Kingdom as a result of a proposed deportation order to Algeria. Bensaid was a schizophrenic suffering from a psychotic illness. He had arrived in the United Kingdom from Algeria in 1989 and had been granted indefinite leave to remain after marrying a United Kingdom citizen. This leave lapsed …Read more

Tags: Asylum, Cruel treatment, Degrading treatment, Immigration, Imprisonment, Incarceration, Inhuman treatment, Mental disorder, Mental illness, Migrants, Paranoia, Psychiatry, Psychology, Refugees, Schizophrenia
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Case 252/2001

Country: Italy
Year: 2001
Court: Constitutional Court
Health Topics: Disabilities, Health care and health services
Human Rights: Freedom from discrimination, Right to health
Facts:

The Court evaluated the constitutionality of article 19, para. 2 of the legislative decree 25 July 1998 no. 286 (Consolidating act on Immigration and Norms concerning the Status of Foreigners) (the Decree) which implicitly allowed the expulsion of a foreigner entering Italian territory without documentation and staying for the sole reason of completing essential medical …Read more

Tags: Access to health care, Access to treatment, Disabled, Handicapped, Health care technology, Immigration, Migrants, Physically challenged
Download Judgment: English Italian

Cyprus v. Turkey

Country: Turkey
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 25781/94; (2002) 35 EHRR 30; [2001] ECHR 327
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Freedom of religion, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy, Right to property, Rights to the benefits of culture
Facts:

Cyprus lodged an application against Turkey for alleged violations of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) which occurred during and after the Turkish military operations in Cyprus in 1974 and the subsequent 1983 establishment of the “Turkish Republic of Northern Cyprus” (“TRNC”). Cyprus alleged that Turkey was responsible …Read more

Tags: Access to health care, Cruel treatment, Degrading treatment, Execution, Humiliating treatment, Immigration, Inhuman treatment, Migrants
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Khalfan Khamis Mohamed, et al. v. President of the Republic of South Africa and Six Others, et al.

Country: South Africa
Year: 2001
Court: Constitutional Court
Citation: [2001] ZACC 18
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

M is a Tanzanian citizen, who was residing in South Africa after obtaining a temporary residence permit, was wanted in the US on a number of capital charges in connection with the bombing of two US embassies in Africa. When seeking to renew his temporary residence permit, M was arrested, detained and questioned by South African immigration …Read more

Tags: Custody, Detainee, Detention, Execution, Immigration, Migrants, Terrorism
Download Judgment: English

Dalia v. France

Country: France
Year: 1998
Court: European Court of Human Rights
Citation: Application No. 26102/95; (2001) 33 EHRR 26; [1998] ECHR 5
Health Topics: Child and adolescent health, Controlled substances, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life
Facts:

Aïcha Dalia (“the Applicant”) is an Algerian national who arrived in France when she was approximately 17 years of age, to join her mother and siblings who lawfully resided there. In 1985, she was sentenced to twelve months’ imprisonment for offences against the dangerous drugs legislation, which also made orders for her deportation and permanent …Read more

Tags: Child development, Degrading treatment, Drug enforcement, Heroin, Immigration, Inhuman treatment, Law enforcement, Migrants
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D v. The United Kingdom

Country: United Kingdom
Year: 1997
Court: European Court of Human Rights
Citation: App. No. 30240/96, 24 Eur. H.R. Rep. 423 (1997).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to life, Right to privacy
Facts:

The applicant, an individual suffering HIV/AIDS, brought action under Article 3 (freedom from torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights when he was threatened with expulsion from UK to St Kitts where he would not have access to necessary medical treatment and no family home or close …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Cruel treatment, Degrading treatment, Essential medicines, First-line treatment, HIV, HIV positive, HIV status, Immigration, Inhuman treatment, Migrants, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Refugees, Second-line treatment, Secondary care, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
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Cruz Varas and Ors v. Sweden

Country: Sweden
Year: 1991
Court: European Court of Human Rights
Citation: Application No. 15576/89
Health Topics: Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life
Facts:

Cruz Varas (C V) , his wife and son (all Chilean nationals) had applied for political asylum but the National Immigration Board held that, from the information given, they had not invoked sufficiently strong reasons to be considered as refugees under national or international law and that they should be expelled. In an unsuccessful appeal …Read more

Tags: Abuse, Assault, Asylum, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Immigration, Inhuman treatment, Mental disorder, Migrants, Police, Rape, Refugees, Sexual violence, Torture
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