52 judgments found.

Prosecutor v. Kunarac (Trial Judgment)

Country:
Year: 2001
Court: International Criminal Tribunal for the former Yugoslavia
Citation: IT-96-23-T & IT-96-23/1-T
Health Topics: Prisons, Violence
Facts:

K, RK and V are Bosnian Serbs who were involved in a Serb campaign against Bosnian Muslims in the area of Foca between April 1992 until at least February 1993. One purpose of the campaign was to cleanse the Foca area of Muslims. In addition to the Muslim armed forces, a target to the campaign …Read more

Tags: Abuse, Armed conflict, Cruel treatment, Degrading treatment, Detainee, Detention, Execution, Humiliating treatment, Inhuman treatment, Prison conditions, Rape, Sexual violence, Torture, Violence against women
Download Judgment: English

Waitemata Health v. Attorney-General

Country: New Zealand
Year: 2001
Court: Court of Appeal
Citation: [2001] NZCA 312; [2001] NZFLR 1122; (2001) 21 FRNZ 216
Health Topics: Mental health, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The appellant, H, had a history of sexually violent behavior toward women, and he experienced his first imprisonment and compulsory treatment order in 1998. H had been receiving treatment at the Mason Clinic since prisoners were not permitted outpatient community treatment. In 1999, H completed his prison sentence, but none of his physicians initiated proceedings …Read more

Tags: Community-based care, Compulsory commitment, Involuntary commitment, Mandatory commitment, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology, Sexual abuse, Sexual assault, Sexual violence, Sociopath, Threat of violence, Violence against women
Download Judgment: English

R v. Mills

Country: Canada
Year: 1999
Court: Supreme Court
Citation: [1999] 3 R.C.S. 668
Health Topics: Child and adolescent health, Health care and health services, Health information, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

M was charged with sexual offenses. Following an adjournment of M’s trial his counsel sought full disclosure of all therapeutic records and notes relating to the complainant in possession of a counseling organization. An order for partial disclosure was made and M sought further disclosure of psychiatric records. However, in the interim Bill C-46 had …Read more

Tags: Children, Counseling, Disclosure, Health records, Medical records, Non-disclosure, Psychiatry, Psychology, Sexual assault, Sexual violence, Violence against women
Download Judgment: English French

R. v. Ewanchuk

Country: Canada
Year: 1999
Court: Supreme Court
Citation: [1999] 1 SCR 330
Health Topics: Violence
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The complainant, a seventeen year old woman, was interviewed by E for a job in his van. The interview, continued in E’s trailer where he offered to display some of his products. The complainant purposely left the door of the trailer open, but E allegedly closed it in a way that made the complainant think …Read more

Tags: Assault, Molestation, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Violence against women
Download Judgment: English French

State v. Bechu

Country: Fiji
Year: 1999
Court: Magistrate's Court of Fiji at Levuka
Citation: State v. Bechu, [1999] FJMC 3 (Fiji).
Health Topics: Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to life
Facts:

Filipe Bechu was charged with the offence of rape. The Penal Code states that “Any person who has unlawful carnal act with a woman or girl, without her consent, or with her consent if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of bodily …Read more

Tags: Rape, Sexual abuse, Sexual assault, Sexual violence, Violence against women
Download Judgment: English

The Prosecutor v. Zejnil Delalic and Zdravko Mucic, Hazim Delic and Esad Landzo

Country: Serbia
Year: 1998, 2001, 2003
Court: International Criminal Tribunal for the Former Yogslavia
Citation: Judgment of the Trial Chamber, 16 November 1998, Case No. IT-96-21-T; Judgment of the Appeals Chamber, 20 February 2001, Case No. IT-96-21-A; Judgment of the Trial Chamber, 9 October 2001, Case No. IT-96-21-Tbis-R117; Judgment of the Second Appeals Chamber, 8 April 2003, Case No. IT-96-21-Abis
Health Topics: Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to liberty and security of person, Right to property
Facts:

On 19 March 1996, an indictment was issued against the four accused ZD, ZM, HD and EL. The indictment related to the events that took place in 1992 in a prison camp near the town of Celebici in central Bosnia and Herzegovina. The accused were charged with grave breaches of the Geneva Conventions of 1949, …Read more

Tags: Abuse, Armed conflict, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Humiliating treatment, Imprisonment, Inhuman treatment, Rape, Sexual violence, Torture, Violence against women
Download Judgment: English

Z v. Finland

Country: Finland
Year: 1997
Court: European Court of Human Rights
Citation: App. No. 22009/93, 25 Eur. H.R. Rep. 371 (1997).
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health, Violence
Human Rights: Right to family life, Right to privacy
Facts:

The applicant, a Finnish national, had been married to X, who was not a Finnish national, at the time the events occurred. They were both infected with the human immunodeficiency virus (HIV). X was convicted for rape and during the criminal proceedings the court gave orders requiring the applicant’s medical advisers to give evidence. In …Read more

Tags: AIDS, Confidentiality, Disclosure, Health information, HIV, HIV positive, HIV status, Non-disclosure, People living with HIV/AIDS, PLHIV, Rape, Sexual abuse, Sexual assault, Sexual violence, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Violence against women

Women Prisoners of the District of Columbia Department of Corrections, et al. v. District of Columbia

Country: United States
Year: 1994
Court: United States District Court, District of Columbia
Citation: 877 F.Supp. 634 (D.D.C. 1994)
Health Topics: Health care and health services, Infectious diseases, Prisons, Sexual and reproductive health, Tobacco, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

Women inmates in the District of Columbia (D.C.) correctional system alleged that they were being mistreated in a variety of ways, including sexual harassment, failure to provide or inadequate levels of obstetrical and gynecological care, unequal educational and work-related programming  as compared to similarly situated male inmates, uneven recreational and religious time, and general inhumane …Read more

Tags: Abuse, Access to health care, Access to treatment, Assault, Cleanliness, Counseling, Cruel and unusual punishment, Cruel treatment, Examination, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Pregnancy, Prison conditions, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Sexually transmitted diseases, Sexually transmitted infections, Smoking, STDs, STIs, Violence against women
Download Judgment: English

Attorney General v. X

Country: Ireland
Year: 1992
Court: Supreme Court
Citation: [1992] 1 IR 1 (5th March, 1992)
Health Topics: Child and adolescent health, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom of movement and residence, Right to bodily integrity, Right to life
Facts:

The first defendant was a fourteen and a half year old girl who became pregnant after being raped by a family friend. Her parents (second and third defendants) reported the rape to the police and inquired whether there was a process available to test the paternity of the fetus before the defendants aborted the pregnancy …Read more

Tags: Abortion, Child development, Children, Criminalization, Depression, Maternal health, Maternal mortality, Minor, Molestation, Pediatric health, Pregnancy, Rape, Sexual abuse, Sexual assault, Sexual violence, Suicide, Termination of pregnancy, Therapeutic abortion, Violence against women
Download Judgment: English

Piperno, María Ana v. Argentina

Country: Argentina
Year: 1991
Court: Federal Criminal and Correctional Court of Appeals [Cámara Nacional de Apelaciones en lo Criminal y Correccional Federal]
Citation: Cámara Nacional de Apelaciones en lo Criminal y Correccional Federal, Sala IV [Cám. Crim. Corr. Fed., Sala IV] [Federal Criminal and Correctional Court of Appeals], 4/18/1991, Caso n° 38.759/91 (Arg.).
Health Topics: Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

A woman consecutively shot her partner three times. She was charged with aggravated homicide.  She claimed self-defense, alleging to have been subjected to continuous domestic violence and abuse. The ruling of the Court of First Instance justified her action and she was acquitted. The prosecutor appealed the decision on grounds that the woman’s response was …Read more

Tags: Domestic violence, Humiliating treatment, Mental disorder, Sexual violence, Violence against women
Download Judgment: English Spanish