30 judgments found.

Aftanache v. Romania

Country: Romania
Year: 2020
Court: European Court of Human Rights
Citation: Aftanache v. Romania, no. 999/19, ECHR 2020
Facts:

The applicant had Type-1 Diabetes and was insulin-dependent. On 30 March 2017, he was advised by his diabetologist to go to the pharmacy to purchase medicines because he was feeling ill. He explained his situation to the pharmacist, who called an ambulance to help him. The paramedic team that arrived refused to accompany him home …Read more

Tags: Access to treatment, Addiction, Diabetes, Emergency care, Examination, Forced examination, Involuntary confinement, Non-consensual testing and treatment, Patient choice, Substance abuse
Download Judgment: English

Case Of Fernandes De Oliveira v. Portugal

Country: Portugal
Year: 2017
Court: The European Court of Human Rights
Citation: [2017] ECHR 78103/14
Health Topics: Controlled substances, Health care and health services, Hospitals, Mental health
Human Rights: Right to life
Facts:

The applicant’s son, A.J., had a history of mental health disorders, and alcohol and substance addiction, and since 1984 had spent several periods in psychiatric hospitals. During the period in September 1999 in which A.J. was hospitalised, the doctor treating A.J. did not permit him to leave the hospital whilst he was being treated. However, …Read more

Tags: Alcohol, Clinics, Drug use, Health facilities, Mental disorder, Mental illness, Psychiatry, Substance abuse, Suicide, Trauma
Download Judgment: English

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
Facts:

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

Tags: Access to treatment, Addiction, Alcohol, Drug abuse, Drug enforcement, Drug use, Law enforcement, People who use drugs, Rehabilitation, Substance abuse
Download Judgment: English

Wenner v. Germany

Country: Germany
Year: 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
Facts:

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

Tags: Access to drugs, Access to health care, Access to treatment, Addiction, Cocaine, Drug safety, Drug use, Examination, Heroin, HIV, HIV/AIDS, Imprisonment, Incarceration, People living with HIV/AIDS, People who use drugs, Rehabilitation, Substance abuse
Download Judgment: English

Canada (Attorney General) v. PHS Community Services

Country: Canada
Year: 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
Facts:

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

Tags: Access to health care, Access to treatment, Addiction, AIDS, Clinics, Criminalization, Drug abuse, Drug use, Health facilities, Hepatitis, Heroin, HIV, IDUs, Injecting drug users, Most-at-risk, Opioids, People who use drugs, Rehabilitation, Substance abuse, Transmission
Download Judgment: English French

MGN Limited v. United Kingdom

Country: United Kingdom
Year: 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
Facts:

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

Tags: Addiction, Disclosure, Drug abuse, Rehabilitation, Secrecy, Substance abuse
Download Judgment: English

Momcilovic v. The Queen

Country: Australia
Year: 2011
Court: High Court
Citation: 245 CLR 1
Health Topics: Controlled substances
Human Rights: Right to due process/fair trial
Facts:

In 2006, police found over 700 grams of methylamphetamine in Momcilovic’s apartment. Forensic evidence linked the drugs to her partner, but not to Momcilovic. She denied knowing that the drugs were in her apartment or that her partner was involved in trafficking. Her partner admitted at Momcilovic’s trial that the drugs were in his possession …Read more

Tags: Criminalization, Drug abuse, Drug enforcement, Drug use, People who use drugs, Psychotropic drugs, Substance abuse
Download Judgment: English

NASA v. Nelson

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 746 (2011)
Health Topics: Controlled substances, Health information
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

This case involved a challenge to background checks for government jobs on the basis of constitutional privacy.  Nelson and twenty-seven other federal contract employees, working for NASA at a government laboratory at the California Institute of Technology, claimed that two elements of a standard employment background investigation violated their constitutional rights:  a questionnaire that asked …Read more

Tags: Confidentiality, Disclosure, Drug abuse, Drug use, Health data, Health information, Health records, Medical records, Non-disclosure, People who use drugs, Secrecy, Substance abuse
Download Judgment: English

Case STS 21-6-2010

Country: Spain
Year: 2010
Court: Supreme Court
Health Topics: Controlled substances, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of religion
Facts:

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

Tags: Abortion, Addiction, Conscientious objection, Custody, Drug abuse, Drug use, Harm reduction, Health care professionals, Health care workers, IDUs, Imprisonment, Incarceration, Injecting drug users, Inmate, Jail, People who use drugs, Rehabilitation, Substance abuse, Termination of pregnancy
Download Judgment: English

X v. Kutaisi City 2nd Police Department

Country: Georgia
Year: 2010
Court: Kutaisi Appellate Court
Citation: Case no. # 4/ა- 182-2010
Health Topics: Controlled substances, Medicines
Facts:

This case was an appeal regarding the perpetration of an administrative misdemeanor. On August 14, 2010, the Chief of the Kutaisi City 2nd Police Department sent a report on administrative misdemeanor against X to the Kutaisi City Court. A drug test showed that X had consumed marijuana. As a result, an administrative fine of 500 …Read more

Tags: Drug abuse, Drug enforcement, Drug testing, Drug use, Marijuana, People who use drugs, Substance abuse
Download Judgment: English Georgian