151 judgments found.

Shaw v. Jamaica

Country: Jamaica
Year: 1998
Court: United Nations Human Rights Committee
Citation: Communication No 704/1996, Views of the UNHRC, 2 April 1998
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

Shaw (S) was arrested for the murder of a family and allegedly acknowledged his involvement in the killings  in an interview preceding a caution statement. He claimed that he was not charged with murder until nineteen days later (although it appeared from the file that the delay was actually nine days) and that he was …Read more

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

Taylor (Desmond) v. Jamaica

Country: Jamaica
Year: 1998
Court: United Nations Human Rights Committee
Citation: Communication No 705/1996, Views of the UNHRC, 2 April 1998
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

Taylor (T), P (his brother) and S were charged with murdering four persons in May 1992 and were convicted and sentenced to death in July 1994. T claimed that the two years and three months spent in pre-trial detention was unreasonable, given that the primary evidence against him was a statement made by S. He …Read more

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

B and Others v. Minister of Correctional Services and Others

Country: South Africa
Year: 1997
Court: High Court - Cape of Good Hope Provincial Division
Citation: 1997 (4) SA 441 (C); 1997 (6) BCLR 789 (C)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The Applicants were four prisoners living with HIV. They sought an order declaring that prisoners living with HIV who had reached the symptomatic stage of the disease and whose CD4 counts was less than 500 per milliliter of blood were entitled to receive appropriate antiretroviral treatment at the Government’s expense. They noted that Section 35(2)(e) …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Custody, Detention, Essential medicines, First-line treatment, Health expenditures, Health funding, Health spending, HIV, HIV positive, Imprisonment, Incarceration, Inmate, Jail, People living with HIV/AIDS, Pharmaceuticals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Fisher v. The Minister of Public Safety and Immigration and Others

Country: Bahamas
Year: 1997
Court: Judicial Committee of the Privy Council
Citation: (1997) 4 BHRC 191, [1997] 4 LRC 344, [1998] AC 673
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The appellant was arrested and charged with murder and attempted murder arising out of two separate incidents. At the same time, he plead guilty to possession of a firearm and ammunition for which he was sentenced to a total of two years’ imprisonment. Two years later, he was convicted of attempted murder, armed robbery and …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Execution, Inhuman treatment, Inmate, Prison conditions, Torture
Download Judgment: English

Williams v. Jamaica

Country: Jamaica
Year: 1997
Court: United Nations Human Right Committee
Citation: Communication No 609/1995, U.N. Doc. CCPR/C/61/D/609/1995 (4 November 1997)
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
Facts:

Williams (W) was convicted of murder and sentenced to death in December 1988. His appeal was dismissed in December 1990 and a senior lawyer advised him that an application to the judicial committee of the privy council for special leave to appeal would have no prospect of success. An appeal against the classification of his …Read more

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Humiliating treatment, Imprisonment, Incarceration, Inmate, Insanity, Mental illness, Prison conditions, Schizophrenia
Download Judgment: English

Aksoy v. Turkey

Country: Turkey
Year: 1996
Court: European Court of Human Rights
Citation: Judgment of the ECtHR, 18 December 1996
Health Topics: Disasters and emergencies, Health care and health services, Medical malpractice, Prisons, 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:

Aksoy (A) claimed that in November 1992 he was taken into custody by twenty policemen after M (another detainee with them) had allegedly identified him as a member of the PKK which was engaged in a conflict with security forces for Kurdish autonomy. This conflict had resulted in nearly 8,000 deaths and there was a …Read more

Tags: Abuse, Access to health care, Access to treatment, Armed conflict, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Health care professionals, Health care workers, Humiliating treatment, Incarceration, Inhuman treatment, Inmate, Law enforcement, Prison conditions, Torture
Download Judgment: English French

C v. Minister of Correctional Services

Country: South Africa
Year: 1996
Court: High Court
Citation: 1996 (4) SA 292 (T)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Right of access to information, Right to privacy
Facts:

While a prisoner in custody of the defendant, the plaintiff was informed by the prison nurse in the presence of other prisoners that he was to undergo a blood test for HIV and that he had the right to refuse such test. This information was repeated to the plaintiff in a closed consulting room, but …Read more

Tags: AIDS, Compulsory testing, Confidentiality, Custody, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Informed choice, Inmate, Involuntary testing, Jail, Mandatory testing, Most-at-risk, Non-consensual testing and treatment, Patient choice, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English

Chinamora v Angwa Furnishers (PVT) Ltd, et al. (Attorney-General intervening)

Country: Zimbabwe
Year: 1996
Court: Supreme Court
Citation: 1997 (2) BCLR 189 (ZS), [1997] 1 LRC 149, (1996) 2 CHRLD 100
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

The first respondent had obtained a default judgment against the applicant and a warrant of execution against his property in respect of a debt but was unable to satisfy the judgment debt because the applicant had by that time divested himself of all property. The first respondent then took out a summons calling upon the …Read more

Tags: Cruel and unusual punishment, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions
Download Judgment:

Sahadath v. Trinidad and Tobago

Country: Trinidad and Tobago
Year: 1996
Court: United Nations Human Rights Committee
Citation: Communication No. 684/1996, CCPR/C/74/D/684/1996
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

R.S. was convicted of murder and sentenced to death. On 8 March 1996, the same day that five other warrants of execution were read (although the prison was only equipped to handle two executions a day), R.S. was read a warrant for his execution, to take place on 13 March 1996. Along with a psychiatrist, …Read more

Tags: Access to health care, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detention, Execution, Humiliating treatment, Imprisonment, Incapacity, Incarceration, Incompetence, Inhuman treatment, Inmate, Insanity, Mental competence, Mental disability, Mental disorder, Mental illness, Prison conditions, Psychiatry
Download Judgment: English

Anderson v. Romero

Country: United States
Year: 1995
Court: 7th Circuit Court of Appeal
Citation: 72 F.3d 518 (1995)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to privacy
Facts:

The Appellee, Anderson, brought this challenge against two prison officials at the cell house in which he was placed. Anderson alleged that a superintendent and a guard violated his constitutional right to privacy and the Illinois AIDS Confidentiality Act by revealing that he was infected with the AIDS virus to an inmate sleeping in Anderson’s …Read more

Tags: AIDS, Confidentiality, Cruel and unusual punishment, Detention, Disclosure, Gay, Health information, HIV, HIV positive, HIV status, Homosexual, Imprisonment, Incarceration, Inmate, Jail, Medical records, Non-disclosure, People living with HIV/AIDS, PLHIV, Secrecy, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English