Loading, please wait...
7 judgments found.
Country:
Canada Year: 2020
Court: Ontario Superior Court of Justice
Citation: 2020 ONSC 6398
Health Topics:
Chronic and noncommunicable diseases,
Sexual and reproductive health,
Water, sanitation and hygiene Facts: A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more
Tags: Access to healthcare,
Access to treatment,
Addiction,
Chronic and noncommunicable diseases,
Cleanliness,
Depression,
Diabetes,
Disabled,
Drug abuse,
drug users,
Health care and health services,
Infectious diseases,
Influenza,
Mental health,
Noncommunicable diseases,
Opioids,
People who use drugs,
Poverty,
Public safety,
Pulmonary diseases,
Respiratory diseases,
Safe drinking water,
Sexual and reproductive health,
Sexual harassment,
Substance abuse,
violence,
water sanitation and hygiene
Country:
Canada Year: 2016
Court: Ontario Court of Appeal
Citation: 2016 ONCA 676
Facts: The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more
Tags: Community-based care,
Compulsory commitment,
Compulsory examination,
Compulsory treatment,
Forced examination,
Forced treatment,
Health care and health services,
Incapacity,
Informed choice,
Informed consent,
Involuntary examination,
Mental competence,
Mental disability,
Mental disorder,
Mental health,
Mental institution,
Psychiatry,
Public safety,
Schizophrenia
Country:
South Africa Year: 2019
Court: HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL DIVISION, PIETERMARITZBURG
Citation: [2019] 4 All SA 469 (KZP)
Facts: The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more
Tags: Clean water,
Cleanliness,
Indigent,
Potable water,
Safe drinking water,
Sewage,
Waste,
Waste management
Country:
Slovenia Year: 2018
Court: European Court of Human Rights
Citation: no. 38775/14, § 2, ECHR 2018
Human Rights: Right to property,
Right to social security Facts: The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more
Tags: Disabilities,
Health systems and financing
Country:
Zambia Year: 2017
Court: High Court of Zambia
Citation: [2017] ZMHC 77
Facts: The petitioners, Gordon Maddox Mwewa, Mulima Santa Kasote, and Sylvester Katontoka were involuntarily detained in Chainama Hills Hospital following periods of mental health issues. Out of the three petitioners, Kasote and Katontoka were arrested and detained by police officers according to the Mental Disorders Act. They filed the petition before the High Court of Zambia …Read more
Tags: Freedom from Discrimination,
Freedom from Torture and Cruel,
Health care and health services,
Informed consent,
Inhuman or Degrading Treatment,
Mental health,
prisons,
Public safety,
Right to Health,
Right to Liberty and Security of Person,
Right to Property,
violence
Country:
Zambia Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication no. 1303/2004
Health Topics:
Chronic and noncommunicable diseases,
Diet and nutrition,
Health care and health services,
HIV/AIDS,
Medicines,
Prisons Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Right to due process/fair trial,
Right to education,
Right to family life,
Right to health,
Right to liberty and security of person,
Right to life,
Right to privacy Facts: On 28 October 1997, JC (a military officer) was arrested by Zambian police for an attempted coup d’état. He was severely tortured and charged with treason. While being tortured, he was forced to sign false confessions and to implicate other military officials. Because of the torture, he was hospitalized at various times. On 31 October …Read more
Tags: Abuse,
Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Asylum,
Cancer,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Diet,
Execution,
Forced disappearance,
Forced displacement,
HIV,
HIV positive,
Humiliating treatment,
Hunger,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Law enforcement,
Malnutrition,
People living with HIV/AIDS,
PLHIV,
Police,
Prison conditions,
Refugees,
Torture
Country:
Zambia Year: 2010
Court: High Court at Livingstone
Citation: 2009/HL/86
Health Topics:
Health care and health services,
HIV/AIDS,
Infectious diseases,
Informed consent Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to health,
Right to liberty and security of person,
Right to life,
Right to privacy,
Right to social security,
Right to work Facts: Petitioners Stanley Kingaipe and Charles Chookole sued the Zambian Air Force (ZAF) alleging violations of their constitutional rights to liberty, privacy, life, protection from inhuman and degrading treatment, and protection from discrimination. They also alleged violations of their rights to adequate medical and health facilities and adequate educational opportunities contained in the Directive Principles of …Read more
Tags: AIDS,
Examination,
HIV,
HIV positive,
HIV status,
Involuntary testing,
Involuntary treatment,
Most-at-risk,
Non-consensual testing and treatment,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Testing,
Unauthorized treatment
Country:
Zambia Year: 2010
Court: African Commission on Human and Peoples’ Rights
Citation: (2010) AHRLR 32 (HRC 2010)
Health Topics:
Mental health,
Prisons,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to liberty and security of person,
Right to life Facts: Mr. Mwamba was a Zambian national on death row awaiting review of his appeal by the Supreme Court of Zambia. Mr. Mwamba was previously a high ranking police officer before he was arrested and detained on suspicion of murder, attempted murder, and aggravated robbery. During his initial detention in 1999, Mr. Mwamba was allegedly subjected to …Read more
Tags: Abuse,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Depression,
Detention,
Execution,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Prison conditions,
Torture
Country:
Zambia Year: 2006
Court: High Court for Zambia
Citation: 2006/HP/0327
Health Topics:
Child and adolescent health,
Health care and health services,
HIV/AIDS,
Sexual and reproductive health,
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 life Facts: Rosaria Mashita Katakwe, a 13-year-old girl, was raped by her teacher Edward Hakasenke. She developed a sexually transmitted infection as a result of the rape and tested for HIV/AIDS. The Headmaster of the school had been warned before with respect to a prior relationship of the teacher with another girl in the school. The defendant …Read more
Tags: AIDS,
Children,
Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Diagnostics,
Examination,
HIV,
HIV positive,
Humiliating treatment,
Inhuman treatment,
Minor,
People living with HIV/AIDS,
PLHIV,
Rape,
Sexual abuse,
Sexual assault,
Sexual violence,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Testing,
Transmission,
Violence against women
Country:
Zambia Year: 2005
Court: United Nations Human Rights Committee
Citation: Communication No. 1132/2002; U.N. Doc. CCPR/C/85/D/1132/2002 (2005)
Health Topics:
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life Facts: Chisanga, a Zambian citizen, was convicted of aggravated robbery in 1995 and sentenced to death; he was also convicted of attempted murder but not sentenced for it. Chisanga claimed that he was innocent and that his trial was unfair because he was convicted solely on the basis of one witness’ testimony. Evidence from the medical …Read more
Tags: Cruel and unusual punishment,
Cruel treatment,
Execution,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail
Country:
Zambia Year: 1993
Court: Supreme Court
Citation: (1993-1994) Z.R. 41 (S.C.)
Health Topics:
Aging,
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing Human Rights: Right to health,
Right to social security Facts: The Appellant was employed by the Zambian Government as an accountant with the Ministry of Legal Affairs. Upon recommendation for further evaluation of his medical condition he travelled to the United Kingdom where he underwent elective heart surgery. He then claimed reimbursement of his medical expenses from his employer under the Conditions of Service for …Read more
Tags: Access to health care,
Access to treatment,
Aged persons,
Elderly,
Employment,
Health funding,
Health insurance,
Heart disease,
Noncommunicable diseases,
Older persons,
Out-of-pocket expenditures,
Reimbursement,
Secondary care,
Senior citizens,
Social security,
Subsidies