Somner v. The Queen and Tucker v. Miller
Country:Year: 2016
Court: Supreme Court of Bermuda
Citation: [2016] SC (Bda) 81 App
Health Topics: Controlled substances, Health care and health services
Human Rights: Right to due process/fair trial
These are two separate appeals where both appellants challenged the Magistrates’ Court’s decision on the jurisdiction of Drug Treatment Court (DTC) to deal with alcohol addiction and traffic offenses under Section 68 of the Criminal Code Act 1907. They were heard together because they raised the same legal issues. Both appellants suffered from addiction to …Read more
Wenner v. Germany
Country: GermanyYear: 2016
Court: European Court of Human Rights
Citation: no. 62303/13, § 59, ECHR 2016
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Public safety
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
The applicant has been a heroin addict since 1973, suffered from hepatitis C since 1975 and been HIV-positive since 1988. Attempts to overcome his heroin addiction through various treatments failed, and from 1991 to 2008 he was treated with drug substitution therapy. In 2008, the applicant was arrested on suspicion of drug trafficking and detained …Read more
Bures v The Czech Republic
Country: Czech RepublicYear: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1819
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Hospitals, Informed consent, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
This case concerned an application against the Czech Republic lodged with the European Court of Human Rights (ECHR) under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The applicant alleged that he was ill-treated in a sobering-up centre in violation of Article 3 of the Convention, and …Read more
Canada (Attorney General) v. PHS Community Services
Country: CanadaYear: 2011
Court: Supreme Court
Citation: [2011] 3 S.C.R. 134; [2011] S.C.C. 44
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Right to liberty and security of person, Right to life
Insite was a medical facility that supervised intravenous drug use. It was established in response to escalating intravenous drug use and a rise in HIV/AIDS and hepatitis C infections among the population of the downtown eastside (DTES) area of Vancouver. In 2003, pursuant to section 56 of the Controlled Drug and Substances Act (CDSA), which …Read more
MGN Limited v. United Kingdom
Country: United KingdomYear: 2011
Court: European Court of Human Rights
Citation: Application No. 39401/04; (2011) 53 EHRR 5; [2011] ECHR 66; [2011] EMLR 20; [2011] 1 Costs LO 84; 29 BHRC 686
Health Topics: Controlled substances, Health information
Human Rights: Freedom of expression, Right to privacy
The applicant is a publisher of a national daily newspaper in the United Kingdom, The Daily Mirror (the “applicant”). In early 2001 the applicant carried a front-page article entitled “Naomi: I am a drug addict”, placed between two color photographs of Ms. Naomi Campbell, a well-known model. The first photograph showed her dressed in a …Read more
Case STS 21-6-2010
Country: SpainYear: 2010
Court: Supreme Court
Health Topics: Controlled substances, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of religion
The applicants, Mr. Eulalio and Mrs. Ariadna worked as nurses at the Prison of Albacete. The prison had, allegedly, implemented the so-called Syringe Exchange Program (“Program”), a public health program developed by the Penitentiary Health General Sub-Directorate. The experimental Program was launched with the objective of preventing the transmission of diseases between inmates by, among …Read more
McGlinchey and Ors. v. United Kingdom
Country: United KingdomYear: 2003
Court: European Court of Human Rights
Citation: McGlinchey v. U.K., App. No. 50390/99, 37 EHRR 41 (2003).
Health Topics: Controlled substances, Health care and health services, Health systems and financing, Medicines, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Applicants, family members of an individual addicted to heroin who died in prison, alleged that the State violated Articles 3 (freedom from torture or to inhuman or degrading treatment or punishment) and 13 (right to effective remedy) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) because the prisoner, Ms. …Read more
Hospital Británico de Buenos Aires v. Estado Nacional (Ministerio de Salud y Acción Social)
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: H. 90. XXXIV
Health Topics: Controlled substances, Health care and health services, Health systems and financing, HIV/AIDS
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to property
Hospital Británico de Buenos Aires, a private health service provider, filled a guarantee of protection of individual constitutional rights (amparo protection) against the Federal State requiring the judiciary to declare that the National Act 24.754 was contrary to articles 14, 17, 28 and 33 of the National Constitution. The law obliged private health service providers …Read more
Strykiwsky v. Mills (in his capacity as Warden of Stony Mountain Institution)
Country: CanadaYear: 2000
Court: Federal Court - Trial Division
Citation: Court File no. T-389-00
Health Topics: Controlled substances, Health care and health services, Medicines, Prisons
Human Rights: Freedom from discrimination
The applicant was an inmate of Warkworth prison and a long time heroin addict. While an inmate, the applicant sought to overcome this addiction. The Correctional Service of Canada had a 2-phase program to address addiction cases. Phase I provided regular doses of methadone “only to those entering federal prison… already enrolled in a community …Read more
Winnipeg Child, et al. v. D.F.G.
Country: CanadaYear: 1997
Court: Supreme Court
Citation: [1997] 3 R.C.S.
Health Topics: Controlled substances, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to liberty and security of person
The respondent was five months pregnant with her fourth child and addicted to glue sniffing, which is known to be potentially damaging to the nervous system of a developing fetus. Two of her previous children were born permanently disabled as a result of her addiction and were permanent wards of the state. A judge of …Read more