161 judgments found.

Hajol v. Poland

Country: Poland
Year: 2010
Court: European Court of Human Rights
Citation: Hajol v. Poland, Application No. 1127/06, Eur. Ct. H.R. (2010).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

The applicant, Pawel Hajol, had been suffering from several illnesses including diabetes, arterial hypertension, and cirrhosis of the liver when he was arrested in 2004 for attempting to influence a trial during the exercise of his function as a prosecutor. The District Court of Krakow placed the applicant in provisional detention while authorities gathered evidence. …Read more

Tags: Access to health care, Access to treatment, Custody, Degrading treatment, Detainee, Detention, Diabetes, Imprisonment, Incarceration, Inmate, Liver disease, Noncommunicable diseases
Download Judgment: French Polish

Kozhokar v. Russia

Country: Russia
Year: 2010
Court: The European Court of Human Rights
Citation: Application no. 33099/08, ECHR 2010
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

This case is about the conditions of the applicant’s detention and the sufficiency of his medical care while he was detained in remand centre no. IZ-71/1 and correctional colony no. 7 in the Tula region of the Russian Federation. On 18 October 2006, the applicant, a Russian national, was arrested for drug trafficking. He was …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Clinics, Compensation, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Diet, Duty of care, Essential medicines, Examination, Food, Health facilities, Hepatitis PLHIV, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Inadequate treatment, Incarceration, Inhuman treatment, Inmate, Jail, Liver disease, Malnutrition, People living with HIV/AIDS, Prison conditions, Public hospitals, Remedies, Standard of care, Testing, Torture, Tuberculosis
Download Judgment: English

McCallum v. South Africa

Country: South Africa
Year: 2010
Court: United Nations Human Rights Committee
Citation: Communication No. 1818/2008; U.N. Doc. CCPR/C/100/D/1818/2008
Health Topics: Health care and health services, HIV/AIDS, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Bradley McCallum, a detainee at a maximum correctional facility in South Africa, claimed to be a victim of violations of articles 7 and 10 of the International on Civil and Political Rights (“Covenant”). In particular, McCallum alleged that he was physically abused, raped, and subject to other ill treatment by South African prison authorities during …Read more

Tags: Abuse, Access to health care, Cruel treatment, Degrading treatment, Detainee, Detention, HIV, HIV status, Imprisonment, Incarceration, Inhuman treatment, Medical records, Most-at-risk, Prison conditions, Rape, Testing, Torture, Transmission
Download Judgment: English

Mwamba v. Zambia

Country: Zambia
Year: 2010
Court: African Commission on Human and Peoples’ Rights
Citation: (2010) AHRLR 32 (HRC 2010)
Health Topics: Mental health, Prisons, Water, sanitation and hygiene
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:

Mr. Mwamba was a Zambian national on death row awaiting review of his appeal by the Supreme Court of Zambia. Mr. Mwamba was previously a high ranking police officer before he was arrested and detained on suspicion of murder, attempted murder, and aggravated robbery. During his initial detention in 1999, Mr. Mwamba was allegedly subjected to …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Depression, Detention, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Torture
Download Judgment: English

R. v. Hneihen

Country: Canada
Year: 2010
Court: Ontario Superior Court of Justice
Citation: 2010 ONSC 5353
Health Topics: Health care and health services, Hospitals, Mental health, Prisons
Human Rights: Right to liberty and security of person
Facts:

Mr. Hneihen was found not criminally responsible by reason of mental disorder (NCRMD), in relation to several criminal charges. The trial judge ordered that Mr. Hneihen be detained at the Centre for Addiction and Mental Health (CAMH) pending review by the Ontario Review Board (ORB), an independent tribunal that oversees individuals unfit to stand trial …Read more

Tags: Access to health care, Access to treatment, Compulsory commitment, Counselling, Custody, Detention, Imprisonment, Incarceration, Inmate, Involuntary commitment, Jail, Mandatory commitment, Mental disorder, Mental illness, Mental institution
Download Judgment: English

Seaton v. Mayberg

Country: United States
Year: 2010
Court: 9th Circuit Court of Appeal
Citation: 610 F.3d 530 (2010)
Health Topics: Health information, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The Appellant, Seaton, an inmate, brought suit against the director of the California Department of Mental Health, the administrator of a state hospital, and two psychologists, alleging that they violated his constitutional right to privacy when they examined and communicated their opinions about his medical records to the district attorney’s office in the period before …Read more

Tags: Compulsory commitment, Confidentiality, Detention, Disclosure, Health data, Health information, Imprisonment, Incarceration, Inmate, Involuntary commitment, Involuntary confinement, Mandatory commitment, Medical records, Mental disability, Mental disorder, Mental illness, Mental institution, Non-disclosure, Psychiatry, Psychology, Torture
Download Judgment: English

Wachira Weheire v. Attorney General

Country: Kenya
Year: 2010
Court: High Court at Nairobi
Citation: Civil Case 1184 of 2003; 2010 AHRLR 185 (KeHC 2010)
Health Topics: Diet and nutrition, Mental health, Prisons, Water, sanitation and hygiene
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:

The plaintiff, Weheire, brought a suit against the Attorney-General alleging degrading and inhuman treatment during his arrest and detainment in 1986, a violation of his rights under the Constitution of Kenya (“Constitution”),. In December 1986, Weheire was arrested without a warrant.  After his arrest, Weheire claimed that his house was unlawfully searched. Weheire further alleged …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Dehydration, Detainee, Detention, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Isolation, Jail, Law enforcement, Police, Prison conditions, Starvation, Torture
Download Judgment: English

Attorney General v. Susan Kigula, et al.

Country: Uganda
Year: 2009
Court: Supreme Court at Mengo
Citation: [2009] UGSC 6; Constitutional Appeal No. 03 of 2006
Health Topics: Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

K and 417 others were all persons convicted of diverse capital offences under the Penal Codes Act and had been sentenced to death as provided for by the laws of Uganda. They filed a petition in the Constitutional Court under Article 137(3)[1] of the Constitution, challenging the constitutionality of the death penalty. In particular, they …Read more

Tags: Cruel treatment, Degrading treatment, Execution, Humiliating treatment, Incarceration, Inhuman treatment, Inmate, Jail, Torture
Download Judgment: English

Belashev v. Russia

Country: Russia
Year: 2009
Court: European Court of Human Rights
Citation: Belashev v. Russia
Health Topics: Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

A Russian national filed a claim against the Russian government for violating his rights under Article 3 (inhuman and degrading treatment) of the European Convention on Human Rights (ECHR) when he was subjected to poor conditions during his imprisonment. The applicant was arrested, convicted on criminal charges and sentenced to over 10.5 years of detention. …Read more

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

Brânduse v. Romania

Country: Romania
Year: 2009
Court: European Court of Human Rights
Citation: Application no. 6586/03
Health Topics: Environmental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to privacy, Right to water and sanitation
Facts:

B, a Romanian national, was sentenced to ten years in prison for fraud by the Court of Appeal of Timisoara. In January 2003 B lodged an application with the European Court of Human Rights based on the conditions of his detention in the prisons of Arad and Timisoara. B alleged that Romania violated Article 3 (prohibition of torture) of the European …Read more

Tags: Air pollution, Cleanliness, Custody, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Pollution, Prison conditions, Sewage, Trash, Waste, Waste management
Download Judgment: French