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5 judgments found.


Black et al. v. City of Toronto

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
Download Judgment: English

Thompson v Ontario (Attorney General)

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
Download Judgment: English

Mshengu and Others v. Msunduzi Local Municipality and Others

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
Download Judgment: English

Krajnc v. Slovenia

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
Download Judgment: English

E.S. v. Austria

Country: Austria
Year: 2018
Court: European Court of Human Rights
Citation: Application no. 38450/12
Health Topics: Public safety
Human Rights: Freedom of expression, Freedom of religion
Facts:

In Austria, a woman was convicted after leading several seminars entitled “Basic Information on Islam” at the right-wing Freedom Party Education Institute, beginning in January 2008.  These seminars were publicly advertised on the Freedom Party’s website, and the leaders of the Freedom Party distributed leaflets specifically aimed to encourage young voters to attend.  An undercover …Read more

Tags: Community-based care, Criminalization, freedom of religion, Law enforcement, Threat of violence
Download Judgment: English

S.H. v. Austria

Country: Austria
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 57813/00
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Facts:

The four applicants in this case were two couples suffering from infertility. The first couple included a woman who suffered from fallopian-tube-related infertility, which prevented ova from passing into her uterus, and her husband, who was infertile. The second couple included a woman who suffered from agonadism, which means she did not produce ova at …Read more

Tags: Access to treatment, Assisted reproductive technology, Family planning, Fertility, In utero fertilization, In vitro fertilization, Infertility, Pregnancy
Download Judgment: English

Omeredo v. Austria

Country: Austria
Year: 2010
Court: The European Court of Human Rights
Citation: App. No. 8969/11
Health Topics: Poverty, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to health
Facts:

Ms Omeredo fled Nigeria in May 2003 to escape her village’s custom of female genital mutilation (FGM) and applied for asylum in Austria. The Federal Asylum Office and the Asylum Court rejected her application on the same grounds, namely that the applicant was expected to make use of the state’s protection by fleeing within Nigeria …Read more

Tags: Cruel treatment, Degrading treatment, Female genital mutilation, Indigent, Inhuman treatment, Low income, Poor, Torture, Underprivileged, Violence against women, Women’s Health
Download Judgment: English

S.L. v. Austria

Country: Austria
Year: 2003
Court: European Court of Human Rights
Citation: Application no. 45330/99
Health Topics: Child and adolescent health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

SL, an Austrian national, was born in 1981. SL is a homosexual and submits that he lives in a rural area of Austria where homosexuality is still taboo and suffered from the fact that he could not live his homosexuality openly and – until he reached the age of 18 – could not enter into …Read more

Tags: Buggery, Criminalization, Gay, Homosexual, Lesbian, LGBTI, Sexual orientation, Sodomy
Download Judgment: English French

Herczegfalvy v. Austria

Country: Austria
Year: 1992
Court: European Commission on Human Rights
Citation: App. No. 10533/83, Eur. Ct. H.R. 58 (1992).
Health Topics: Diet and nutrition, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to family life, Right to liberty and security of person
Facts:

Applicant, a Hungarian national, served a prison sentence during which he assaulted prison officers, other detainees and threatened judges. He served a six-month pre-detention period in a facility for mentally ill offenders where he remained until his conditional release. He claims that his rights pursuant to Article 5 of the European Convention of Human Rights …Read more

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hunger strike, Imprisonment, Incarceration, Incompetence, Inhuman treatment, Inmate, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Starvation, Torture
Download Judgment: English