91 judgments found.

Jordan, et al. v. State

Country: South Africa
Year: 2002
Court: Constitutional Court
Citation: 13 BHRC 203; [2002] (11) BCLR 1117 (CC)
Health Topics: Poverty
Human Rights: Freedom from discrimination, Right to liberty and security of person, Right to privacy, Right to work
Facts:

On 20 August 1996 a police officer entered a brothel owned by the first appellant in Pretoria, paid R250 to the second appellant and a salaried employee, and received a pelvic massage by the third appellant, a prostitute. All three were charged with contravening s20(1)(aA) of the Sexual Offences Act 1957 (‘the Act’) which criminalised …Read more

Tags: Criminalization, Indigent, Poor, Sex workers
Download Judgment: English

Paul Lallion v. Grenada

Country: Grenada
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Paul Lallion, Report No. 55/02, Case 11.756, IACHR, Doc. 5 rev. 1 at 551, 21 October 2002
Health Topics: Diet and nutrition, Health care and health services, Poverty, Prisons
Human Rights: Freedom from discrimination, 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:

Paul Lallion appealed to the Inter-American Commission on Human Rights alleging that his death penalty sentencing and appeal process, as well as the prison conditions he was subjected to during this process, violated Articles 4 (right to life), 5 (right to humane treatment), 7 (right to personal liberty), 8 (right to a fair trial), and …Read more

Tags: Abuse, Access to health care, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Diet, Execution, Imprisonment, Incarceration, Indigent, Inhuman treatment, Inmate, Jail, Law enforcement, Police, Poor, Prison conditions, Solitary confinement
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Yakye Axa Indigenous Community of the Enxet-Lengua People v. Paraguay

Country: Paraguay
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Yakye Axa Indigenous Cmty. of the Enxet-Lengua People v. Para., Case 12.313, Inter-Am. Comm’n H.R., Report No. 2/02, OEA/Ser.L./V/II.117, doc. 1 rev. 1 (2003).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to property
Facts:

This case was heard by the Inter-American Court of Human Rights. Their opinion is available here. Leaders of the Yakye Axa indigenous community of the Enxet-Lengua people filed suit against the Republic of Paraguay claiming that the Paraguayan State violated Articles 4 (right to life) and 25 (judicial protection), in conjunction with Article 1(1) (obligation …Read more

Tags: Access to health care, Access to treatment, Aged persons, Child development, Children, Clean water, Diet, Drinking water, Elderly, Food shortages, Hunger, Indigenous groups, Indigenous medicine, Indigent, Low income, Malnutrition, Minor, Older persons, Pediatric health, Poor, Potable water, Primary care, Safe drinking water, Senior citizens, Starvation, Stunting, Underprivileged
Download Judgment: English

Álvarez, Oscar Juan v. Province of Buenos Aires et al.

Country: Argentina
Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A.304.XXXVII
Health Topics: Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health
Facts:

Oscar Álvarez, a 46 year old man who was disabled, unable to work and facing economic difficulties, filed an guarantee of protection of individual constitutional rights (amparo protection) against the Province of Buenos Aires and the National State. The plaintiff stated that he suffered from paralysis, both for congenital reasons and as a result of an accident. …Read more

Tags: Access to health care, Access to treatment, Disabled, Handicapped, Health insurance, Indigent, Low income, Out-of-pocket expenditures, Physically challenged, Poor, Social security, Underprivileged
Download Judgment: English Spanish

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

Professor Yosef Gamzu v. Na’ama Yeshayahu

Country: Israel
Year: 2001
Court: Supreme Court (sitting as the Court of Civil Appeal)
Citation: LCA 4905/98
Health Topics: Diet and nutrition, Poverty
Human Rights: Right to food, Right to health, Right to housing, Right to liberty and security of person
Facts:

The appellant owed the respondent and her daughter a maintenance debt that had accumulated to about 1.25 million New Shekel, having previously failed to pay regular maintenance and child support payments to his wife and daughter.  Being unable to afford this amount as a lump sum, he sought to have the Head of the Execution …Read more

Tags: Hunger, Indigent, Low income, Poor, Starvation
Download Judgment: English Hebrew

Dina Rosa Vieira v. Municipality of Porto Alegre

Country: Brazil
Year: 2000
Court: Supremo Tribunal Federal (Supreme Federal Tribunal)
Citation: No. AGRG. 271.286-8 Rio Grande do Sul
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

Dina Rosa Vieira brought the case against the municipality of Porto Alegre for failing to provide medication for the treatment of AIDS. Vieira was destitute and unable to afford the medication herself. The first instance court ruled in favor of Vieira and ruled that in light of the constitutional principles protecting the right to health …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Health expenditures, HIV, HIV positive, Indigent, Low income, People living with HIV/AIDS, PLHIV, Poor, Social security
Download Judgment: English Portuguese

South Africa v. Grootboom

Country: South Africa
Year: 2000
Court: Constitutional Court
Citation: Government of the Republic of S. Afr. v. Grootboom, [2000] ZACC 19; 2001 (1) SA 46; 2000 (11) BCLR 1169 (S. Afr.).
Health Topics: Health care and health services, Poverty
Human Rights: Right to health, Right to housing
Facts:

Mrs. Grootboom and other respondents were homeless and living in appalling conditions. Many had applied for subsidized low-cost housing through the municipality and had been on the waiting list for a period of up to seven years. While waiting for the assignment, they decided to move and illegally live on someone’s private land. Respondents were …Read more

Tags: Indigent, Low income, Poor, Underprivileged
Download Judgment: English

Enxet-Lamenxay & Kayleyphapopyet (Riachito) v. Paraguay

Country: Paraguay
Year: 1999
Court: Inter-American Commission on Human Rights
Citation: Case 11.713, Inter-Am. Comm’n H.R., Report No. 90/99, OEA/Ser.L/V/II.106Doc. 6 rev. (1999).
Health Topics: Diet and nutrition, Health care and health services, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to property, Rights to the benefits of culture
Facts:

In 1991, representatives of the indigenous Enxet-Lamenxay and Kayleyphapopyet-Riachito communities commenced administrative proceedings against the Government of Paraguay to recover what they claimed was ancestral land that Paraguay had largely sold to foreigners in the years between 1885 and 1950. The petitioners described the land as “their main sustenance came from hunting, fishing, and gathering.” The …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Diet, Food, Forced displacement, Indigenous groups, Indigent, Low income, Pharmaceuticals, Poor, Primary care, Refugees, Underprivileged
Download Judgment: English Spanish

Villagrán-Morales, et al. (“Street Children”) v. Guatemala

Country: Guatemala
Year: 1999
Court: Inter-American Court of Human Rights
Citation: Merits, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 63 (Nov. 19, 1999); Inter Joint Concurring Opinion of Judges A.A. Cancado Trinidade & A. Abreu-Burelli, Inter-Am. Ct. H.R. (ser. C) No. 63 (Nov. 19, 1999).
Health Topics: Child and adolescent health, Poverty, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Five youths, three of whom were minors, were “street children” abducted, tortured, and killed by State security agents.  The children lived in a sector of the city where violence and crime rate were high and where State officials commit illegal acts against “street children,” including “threats, arrests, cruel, inhuman and degrading treatment and homicides as …Read more

Tags: Assault, Children, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Forced disappearance, Health records, Indigent, Inhuman treatment, Law enforcement, Low income, Medical records, Minor, Police, Poor, Torture, Underprivileged
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