31 judgments found.

Ferguson v. City of Charleston

Country: United States
Year: 2001
Court: Supreme Court
Citation: 532 U.S. 67 (2001)
Health Topics: Child and adolescent health, Controlled substances, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

Petitioners were former patients who received obstetrical care at the Medical University of South Carolina (MUSC), a public hospital in the city of Charleston, and who were arrested after testing positive for cocaine. In 1988, concerns arose among MUSC staff about an apparent increase in the use of cocaine by patients who were receiving prenatal …Read more

Tags: Child development, Children, Cocaine, Compulsory testing, Crack cocaine, Drug abuse, Infant health, Infant mortality, Informed choice, Involuntary testing, Mandatory testing, Maternal health, Minor, Non-consensual testing and treatment, Patient choice, Pregnancy, Substance abuse
Download Judgment: English

Hospital Británico de Buenos Aires v. Estado Nacional (Ministerio de Salud y Acción Social)

Country: Argentina
Year: 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
Facts:

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

Tags: Access to health care, Access to treatment, Addiction, AIDS, Drug use, Health funding, Health insurance, Health regulation, HIV, IDUs, Injecting drug users, People living with HIV/AIDS, People who use drugs, PLHIV, Rehabilitation, Social security, Subsidies, Substance abuse
Download Judgment: English Spanish

United States v. Oakland Cannabis Buyers

Country: United States
Year: 2001
Court: Supreme Court
Citation: 532 U.S. 483 (2001)
Health Topics: Controlled substances, Health care and health services, Medicines
Facts:

The Respondent, Oakland Cannabis Buyers’ Cooperative (Cooperative), was a not-for-profit medical cannabis dispensary established after California voters enacted a measure that created “an exception to California laws” that prohibited “the possession and cultivation of marijuana.” The Cooperative had a physician as its medical director, registered nurses as staff during business hours, and dispensed marijuana to …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Drug abuse, Marijuana, Secondary care, Substance abuse, Tertiary care
Download Judgment: English

Condron v. United Kingdom

Country: United Kingdom
Year: 2000
Court: European Court of Human Rights
Citation: App. No. 35718/97, 31 Eur. H.R. Rep. 1 (2001).
Health Topics: Controlled substances
Human Rights: Right to due process/fair trial
Facts:

The applicants, who were heroine addicts, had been arrested and convicted for drug related offences. Upon their arrest, the solicitor had maintained that they were unfit to be interviewed as they were displaying early stages of heroine withdrawal. However, the Force Medical Examiner assessed both applicants as fit to be interviewed. Both applicants failed to …Read more

Tags: Addiction, Drug abuse, Drug enforcement, Drug use, Heroin, Law enforcement, People who use drugs, Police, Substance abuse
Download Judgment: English

Strykiwsky v. Mills (in his capacity as Warden of Stony Mountain Institution)

Country: Canada
Year: 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
Facts:

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

Tags: Access to drugs, Access to medicines, Access to treatment, Addiction, Drug abuse, Drug use, Emergency care, Heroin, Imprisonment, Incarceration, Inmate, Jail, Methadone, Opioids, People who use drugs, Rehabilitation, Substance abuse
Download Judgment: English French

Winnipeg Child, et al. v. D.F.G.

Country: Canada
Year: 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
Facts:

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

Tags: Addiction, Compulsory treatment, Drug use, Forced treatment, Involuntary treatment, Mandatory treatment, Maternal health, People who use drugs, Pregnancy, Rehabilitation, Substance abuse
Download Judgment: English French

Johansen v. Norway

Country: Norway
Year: 1996
Court: European Court of Human Rights
Citation: Case No. 24/1995/530/616, August 7, 1996
Health Topics: Child and adolescent health, Controlled substances, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to family life
Facts:

Johansen (J) gave birth to a son, C, in 1977 when she was seventeen years old and they became dependent on social assistance. From 1980 onwards she cohabited with a man who was sentenced to two years’ imprisonment for drug offences in 1983 and who mistreated her and C. The welfare authorities assisted J on …Read more

Tags: Alcohol, Child development, Children, Domestic abuse, Domestic violence, Drug abuse, Drug use, Mental disorder, Mental illness, Minor, Substance abuse
Download Judgment: English French

B. Krishna Bhat v. Union of India

Country: India
Year: 1990
Court: Supreme Court
Citation: JT 1990 (2) SC 34; 1990 (1) SCALE 653; (1990) 3 SCC 65; [1990] 2 SCR 1; 1990 (2) UJ 198
Health Topics: Controlled substances
Human Rights: Right to health, Right to life
Facts:

The Petitioner, an individual, challenged the constitutionality of Sub-clause (b) of Rule 11 of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 (the Rule). The Rule stated that “license for sale shall be issued to only such company owned or controlled by the State Government as the State Govt. may specify.” The …Read more

Tags: Alcohol, Drug abuse, Substance abuse
Download Judgment: English

Chief Bernard Ominayak, et al. v. Canada

Country: Canada
Year: 1984
Court: United Nations Human Rights Committee
Citation: Communication No. 167/1984: U.N. Doc. CCPR/C/38/D/167/1984 (1990)
Health Topics: Controlled substances, Diet and nutrition, Environmental health, Infectious diseases, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to a clean environment, Right to due process/fair trial, Right to family life, Rights to the benefits of culture
Facts:

Chief Bernard Ominayak (the “author”) was the leader and representative of the Lubicon Lake Band (the “Band”), a Cree Indian Band living in the Province of Alberta in Canada. He argued that the State party expropriated Lubicon land for commercial interest despite its recognition that the Band members had the right to continue their traditional …Read more

Tags: Alcohol, Childbirth, Clean water, Cruel treatment, Degrading treatment, Diet, Environmental degradation, Food, Indigenous groups, Inhuman treatment, Malnutrition, Miscarriage, Substance abuse, TB, Tuberculosis, Waste, Waste management
Download Judgment: English

Payton v. Weaver

Country: United States
Year: 1982
Court: Court of Appeal, First District, Division 1, California
Citation: Payton v. Weaver 182 Cal. Rptr. 225 (Cal. Ct. App. 1982)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Medical malpractice, Mental health, Poverty
Human Rights: Right to health
Facts:

Appellant, Brenda Payton, suffered from end stage renal disease and required weekly dialysis. She also suffered from drug addition, mental illness, and poverty. She brought action against respondents, physician John C Weaver, Jr. and Alba Bates and Herrick hospitals, in form of petition for writ of mandate alleging that they wrongly failed to provide her …Read more

Tags: Access to health care, Access to treatment, Addiction, Damages, Drug abuse, Duty of care, Indigent, Kidney disease, Low income, Mental illness, Substance abuse
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