161 judgments found.

British Columbia Civil Liberties Association v Canada (Attorney General)

Country: Canada
Year: 2018
Court: Supreme Court of British Columbia
Citation: 2018 BCSC 62
Health Topics: Mental health, Prisons
Human Rights: Right to bodily integrity, Right to life
Facts:

The plaintiffs are two non-profit organizations, the British Columbia Civil Liberties Association and the John Howard Society of Canada. The plaintiffs challenged the constitutionality of sections 31-33 and 37 of the Corrections and Conditional Release Act (CCRA), which authorized administrative segregation of inmates in federal prisons. Section 31 provided that the purpose of administrative segregation …Read more

Tags: Abuse, Compulsory confinement, Cruel and unusual punishment, Cruel treatment, Custody, Depression, Imprisonment, Incarceration, Inmate, Involuntary confinement, Isolation, Jail, Mental disability, Mental disorder, Mental illness, Paranoia, Prison conditions, Psychiatry, Psychology, Psychosis, Seclusion, Solitary confinement, Suicide, Trauma
Download Judgment: English

Nelson v. Livermore

Country: Canada
Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 712
Health Topics: Health care and health services, Health systems and financing, Informed consent, Mental health, Prisons, Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person
Facts:

Rodney Nelson sought judicial review of his involuntary admission to a psychiatric hospital under Ontario’s Mental Health Act (“MHA”) and an order for his immediate release due to rights infringements. Nelson had a lengthy history of crimes with many violent offences, including sexual offences against women and children. A psychiatrist completed an application for psychiatric …Read more

Tags: Assault, Compulsory commitment, Compulsory confinement, Compulsory treatment, Cruel and unusual punishment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Examination, Forced treatment, Health regulation, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Molestation, Psychiatry, Psychology, Psychosis, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Threat of violence, Violence against women
Download Judgment: English

Mambu v The Democratic Republic of the Congo

Country: Congo, DRC
Year: 2016
Court: United Nations Human Rights Committee
Citation: Communication No. 2465/2014; UN Doc. CCPR/C/118/D/2465/2014
Health Topics: Health care and health services, Hospitals, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to participation
Facts:

Eugène Diomi Ndongala Nzo Mambu was a national of the Democratic Republic of the Congo and president of the opposition political party in the State, challenging the legitimacy of an election. He alleged that he was abducted in 2012 and held incommunicado for three months and 13 days while being interrogated about his ties with …Read more

Tags: Abuse, Access to health care, Access to medicines, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions
Download Judgment: English

Zogo Andela v. Cameroon

Country: Cameroon
Year: 2016
Court: United Nations Human Rights Committee
Citation: CCPR/C/121/D/2764/2016
Health Topics: Health care and health services, Prisons
Human Rights: Right to due process/fair trial, Right to health
Facts:

The International Covenant on Civil and Political Rights (ICCPR) is a treaty by which its parties commit to preserving certain human and political rights. The First Optional Protocol of the Covenant allows for individuals to bring complaints, referred to as communications, against state parties to the Protocol that have allegedly violated articles of the ICCPR. …Read more

Tags: Access to health care, Cruel treatment, Custody, Detainee, Detention, due process, health care services, Imprisonment, Incarceration, Jail, Prison, Prison conditions, Right to Fair Trial
Download Judgment: English

Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania

Country: Romania
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea.  Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more

Tags: Abuse, Access to health care, Access to treatment, Compulsory examination, Compulsory testing, Compulsory treatment, Counseling, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Epilepsy, Examination, Forced examination, Forced treatment, Imprisonment, Inadequate treatment, Inappropriate treatment, Incapacity, Incarceration, Informed choice, Inmate, Involuntary examination, Involuntary treatment, Jail, Lung disease, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Negligence, Neurological diseases, Noncommunicable diseases, Patient choice, Pneumonia, Prison conditions, Psychosis, Pulmonary diseases, Respiratory diseases, Standard of care, Suicide, Trauma
Download Judgment: English

Attorney General, et al. v. Dickson Tapela, et al.

Country: Botswana
Year: 2015
Court: Court of Appeal of the Republic of Botswana at Gaborone
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

Case 1: Tapela and Piye, two Zimbabwean nationals imprisoned in Botswana, both contracted HIV in prison. They were refused antiretroviral treatment for their condition based on a internal directive issued by the national government to all public medical institutions and personnel on March 26, 2004, indicating that testing, assessment, and treatment with antiretroviral and highly active …Read more

Tags: Access to health care, Access to treatment, AIDS, Detainee, Detention, Diagnostics, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Jail, Law enforcement, People living with HIV/AIDS, Testing
Download Judgment: English

Giorgini v. Italy

Country: Italy
Year: 2015
Court: The European Court of Human Rights
Citation: Application No. 20034/11
Health Topics: Aging, Chronic and noncommunicable diseases, Hospitals, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Ms. Ebe Gigliola Giorgini, the applicant, is an Italian national who was born in 1933. In 2008, the applicant was convicted by the District Court for a number of different offenses, including criminal association, aggravated fraud, and ill-treatment. In 2010, the applicant underwent a second set of criminal proceedings. On June 9, 2010, the Pistoia …Read more

Tags: Aged persons, Degrading treatment, Detainee, Detention, Elderly, Health facilities, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Older persons, Prison conditions
Download Judgment: English

Glossip et al. v. Gross et al.

Country: United States
Year: 2015
Court: Supreme Court
Citation: 576 U.S. __ (2015)
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

The state of Oklahoma adopted lethal injection as its method of execution for inmates on death row. The injection consisted of a three-drug protocol of (1) sodium thiopental (a barbiturate) to induce unconsciousness, (2) a paralytic agent to inhibit all muscular-skeletal movements, and (3) potassium chloride to induce cardiac arrest. The Supreme Court had previously ruled …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Detention, Execution, Imprisonment, Incarceration, Inhuman treatment, Jail, Torture
Download Judgment: English

Wong Ho Wing v. Peru

Country: Peru
Year: 2015
Court: Inter-American Court of Human Rights
Health Topics: 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, Right to life
Facts:

Wong Ho Wing, a Chinese citizen, was wanted by the judicial authorities of Hong Kong, China for smuggling, money laundering, bribery, and tax evasion. He was arrested at the Lima airport as he attempted to enter Peru from the United States. China and Peru had entered into an extradition treaty in 2001 that obligated both …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Custody, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Torture
Download Judgment: English

Amirov v. Russia

Country: Russia
Year: 2014
Court: The European Court of Human Rights
Citation: [2014] EHCR 51857/13
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health
Facts:

Amirov is a local politician who was arrested and charged in June 2013 with attempted murder, attempting to organize a terrorist attack, and related charges. Amirov was paralyzed in 1993 and requires constant medical care.   Amirov argued that he should not be detained pending trial because of his poor health, age and position in the …Read more

Tags: Access to health care, Access to treatment Health facilities, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diabetes, Handicapped, heart disease neurological diseases, Hepatitis, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Kidney disease, Noncommunicable diseases, Physically challenged, Prison conditions
Download Judgment: English
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