127 judgments found.

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

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

Griffin v. Spain

Country: Spain
Year: 1995
Court: United Nations Human Rights Committee
Citation: U.N. H.R. Comm., U.N. Doc. CCPR/C/53/D/493/1992 (Apr. 5, 1995).
Health Topics: Controlled substances, Mental health, Prisons
Human Rights: Freedom from discrimination, 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 privacy
Facts:

The petitioner, a Canadian citizen, was arrested along with two acquaintances when the group attempted to enter Spain with large quantities of hashish concealed in their vehicle. The petitioner claimed to have no knowledge of the contraband, and his acquaintances also told police that he was innocent of any wrongdoing. Nevertheless, the examining magistrate incarcerated …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug use, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, People who use drugs, Police, Prison conditions, Torture
Download Judgment: English

Peart and Peart v. Jamaica

Country: Jamaica
Year: 1995
Court: United Nations Human Rights Committee
Citation: Communication Nos. 464 & 482/1991
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

Peart and Peart (A and G) were convicted of murder and sentenced to death in 1988. They claimed that their conviction was based on the uncorroborated evidence of an eyewitness, evidence which had conflicted with a written statement previously made to the police but which they had not been allowed to see before or during …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detention, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Law enforcement, Prison
Download Judgment: English

Simms v. Jamaica

Country: Jamaica
Year: 1995
Court: United Nations Human Rights Committee
Citation: Communication No. 541/1993
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

Simms (S) was awaiting execution following his conviction for murder in 1988 which was based on identification evidence. S complained about weaknesses in the identification evidence, the failure of the judge to direct the jury properly about that evidence, the inadequacy of the representation provided by his legal aid lawyer, the absence of an opportunity …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail
Download Judgment: English

Doe v. Wigginton

Country: United States
Year: 1994
Court: 6th Circuit Court of Appeal
Citation: 21 F.3d 733 (1994)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The Appellant, Doe, a prisoner incarcerated in Kentucky, brought this challenge alleging his constitutional rights under the Eighth and Fourteenth Amendments were violated by Policy 13.5 (the Policy), a Kentucky rule which restricted the eligibility of inmates for “at-request” HIV testing. In January 1989, at an initial medical screening following his incarceration, Doe requested that …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Confidentiality, Cruel and unusual punishment, Detention, Disclosure, Examination, First-line treatment, Health data, Health information, Heart disease, Imprisonment, Inmate, Jail, Medical records, Non-disclosure, Noncommunicable diseases, Pharmaceuticals, Second-line treatment, Secondary care, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Tertiary care, Torture
Download Judgment: English

Kay v. United Kingdom

Country: United Kingdom
Year: 1994
Court: European Commission on Human Rights
Citation: Application No. 17821/91
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant, a British citizen, claimed violations of sections one and four of Article 5 of the European Convention on Human Rights (the “Convention”) related to his involuntary recall to medical detention by the Home Secretary. In 1970, the applicant raped and killed his twelve year old neighbor. In January of 1971, the applicant pled …Read more

Tags: Compulsory commitment, Compulsory confinement, Custody, Detainee, Detention, Examination, Imprisonment, Incarceration, Inmate, Involuntary commitment, Involuntary confinement, Jail, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology
Download Judgment: English

M.H. v. United Kingdom

Country: United Kingdom
Year: 1994
Court: European Commission on Human Rights
Citation: Application No. 22162/93
Health Topics: Prisons, Public safety
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 privacy, Right to property
Facts:

The applicant was serving a sentence of life imprisonment in HM Prison Stocken.  He had been convicted of the murder of an elderly man in 1972 and received a mandatory sentence of life imprisonment.  The applicant’s sentence was reviewed by the Parole Board in or about 1984. A release date was apparently set and he …Read more

Tags: Custody, Detainee, Detention, Imprisonment, Incarceration, Inmate, Jail, Threat of violence, Torture
Download Judgment: English

M’Boissona (on behalf of Bozize) v. Central African Republic

Country: Central African Republic
Year: 1994
Court: United Nations Human Rights Committee
Citation: Communication 428/1990, UN Doc. CCPR/C/50/D/428/1990
Health Topics: Diet and nutrition, Health care and health services, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to food, Right to health, Right to liberty and security of person
Facts:

In a communication submitted to the United Nations Humans Right Committee (“UNHRC”), Yvonne M’Boissona asserted that her brother, François Bozize, led a coup d’état in the Central African Republic in 1982. After fleeing the country, he was arrested in July 1989 in Benin, repatriated to the Central African Republic by force, and imprisoned at a …Read more

Tags: Abuse, Access to health care, Armed conflict, Assault, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Food, Food safety, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Malnutrition, Military, Militias, Prison conditions, Refugee, Solitary confinement, Starvation, Torture
Download Judgment: English

Mika Miha v. Equatorial Guinea

Country: Equatorial Guinea
Year: 1994
Court: United Nations Human Rights Committee
Citation: Communication No. 414/1990
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

Mika Miha (M), having twice previously left Equatorial Guinea for asylum abroad, had returned in 1988 to support the activities of an opposition party to which he belonged. Shortly afterwards, he was arrested by members of the security forces. The only explanation given was that his detention had been ordered by the president. For the …Read more

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