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291 judgments found.


Kats & Ors. v. Ukraine

Country: Ukraine
Year: 2009
Court: The European Court of Human Rights
Citation: CASE OF KATS AND OTHERS v. UKRAINE
Health Topics: Chronic and noncommunicable diseases, Health care and health services, HIV/AIDS, Infectious diseases, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to life
Facts:

The applicants were three Ukrainian nationals; two of them are grand parents to the third applicant whose mother (Olga Biliak) had schizophrenia, HIV and drug addiction, was convicted of robbery and detained, and died in detention in February 2004. The applicants claimed that Olga Biliak had been prosecuted because she hadn’t cooperated with police officers …Read more

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Malenko v. Ukraine

Country: Ukraine
Year: 2009
Court: The European Court of Human Rights
Citation: CASE OF MALENKO v. UKRAINE
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant was a Ukrainian national who was serving his sentence in a prison due to his conviction on murder; his detention started in April 1999. Before his conviction, he had been recognized as invalid due to his spine disease. He lodged his claim before the European Court of Human Rights (the ECHR) alleging that …Read more

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Institute for Human Rights and Development in Africa v. Angola

Country: Angola
Year: 2008
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 292/04 (2008).
Health Topics: Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to property, Right to work
Facts:

The Institute for Human Rights and Development in Africa (IHRDA) filed a complaint on behalf of Mr. Esmaila Connateh and 13 other Gambians deported from Angola during March through May of 2004. IHRDA’s complaint alleged that Angola arbitrarily arrested and detained the individuals, along with tens of thousands of foreigners who had legally lived and …Read more

Tags: Abuse, Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Immigration, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Migrants, Prison conditions, Torture
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Manneh v. The Gambia

Country: The Gambia
Year: 2008
Court: Court of Justice of the Economic Community of West Africa States
Citation: (2008) AHRLR 171 (ECOWAS 2008)
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

Plaintiff alleged that his arrest and continued detention without trial by the National Intelligence Agency of The Gambia violated his rights under the following articles 6 (right to personal liberty), 4 (right to life), 5 (prohibition of torture and cruel, inhuman and degrading treatment), and 7 (right to fair trial) of the African Charter on …Read more

Tags: Access to health care, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Forced disappearance, Inhuman treatment, Jail, Law enforcement, Police, Prison conditions, Solitary confinement
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Shelley v. United Kingdom

Country: United Kingdom
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 23800/06; [2008] ECHR 108; (2008) 46 EHRR SE16
Health Topics: Controlled substances, Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
Facts:

The applicant was a United Kingdom national imprisoned at H.M. Prison Whitemoor who complained that the Government’s failure to provide needle exchange programs in prisons violated the rights of prisoners under Article 2 (respect for the right to life), Article 3 (prohibition of torture and inhuman or degrading treatment or punishment), Article 8 (respect for …Read more

Tags: Custody, Drug use, Harm reduction, Health care technology, Health regulation, Hepatitis, HIV, IDUs, Imprisonment, Incarceration, Informed choice, Inhuman treatment, Injecting drug users, Inmate, Jail, Most-at-risk, People who use drugs, Prison conditions, Transmission
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Aleksanyan v. Russia

Country: Russia
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 46468/06; [2009] ECHR 1226
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person
Facts:

A, a Russian national, was a former practicing member of the Moscow bar. On 29 March 2006 a Moscow district court authorized the criminal prosecution of A in connection with his alleged participation in the embezzlement of property and shares of several oil companies in the late 1990s. On 5 April 2006 Russian authorities searched …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Blind, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Essential medicines, First-line treatment, HIV, HIV positive, HIV status, Incarceration, Inhuman treatment, Inmate, Jail, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
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Marcela Alejandra Porco v. Bolivia

Country: Bolivia
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 8/08, Case 11.426
Health Topics: Controlled substances, Health care and health services, Mental health, Prisons, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The petitioner sued the Bolivian State (“the State”) for numerous violations regarding her treatment in prison. The present case is deciding whether this petition is admissible before the Inter-American Commission on Human Rights (“the Commission”). There is disagreement between the parties as to the facts. Marcela Alejandra Porco, an Argentine citizen, was detained in the …Read more

Tags: Abuse, Access to health care, Access to treatment, Cocaine, Counseling, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Examination, Imprisonment, Isolation, Jail, Mental illness, Mental institution, Prison conditions, Psychosis, Schizophrenia, Solitary confinement
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Andrea Mortlock v. United States

Country: United States
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 63/08, Case 12.534
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
Facts:

This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners included the Legal Aid Society and the International Human Rights Clinic at Washington College of Law. Petitioners alleged the United States violated the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Addiction, AIDS, Antiretrovirals, ARVs, Cocaine, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Drug abuse, Drug enforcement, Drug use, Emergency care, First-line treatment, HIV, HIV positive, HIV status, Immigration, Imprisonment, Incarceration, Inhuman treatment, Inmate, Marijuana, Migrants, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Substance abuse, Torture
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Mechenkov v. Russia

Country: Russia
Year: 2008
Court: European Court of Human Rights
Citation: App. No. 35421/05, Eur. Ct. H.R. 122 (2008).
Health Topics: Health care and health services, Health information, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Applicant, a Russian national serving a prison sentence and suffering from tuberculosis and chronic hepatitis C, alleged the state violated his Article 3 rights under the European Convention on Human Rights (ECHR) because he was denied the necessary medical treatment. He also alleged that he was  held with inmates suffering from active tuberculosis and hepatitis …Read more

Tags: Access to health care, Access to treatment, Custody, Degrading treatment, Detainee, Detention, Health records, Hepatitis, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Medical records, Prison conditions, TB, Tuberculosis
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Takiveikata v. State

Country: Fiji
Year: 2008
Court: High Court
Citation: 2008] FJHC 315
Health Topics: Hospitals, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person
Facts:

An application to the High Court for a stay of proceedings was made on behalf of ten defendants, facing a charge of conspiracy to murder. The prosecution alleged that the defendants had agreed to murder the Prime Minister, Minister of Finance and the Attorney General. The case for the prosecution relied on the testimony of …Read more

Tags: Abuse, Armed conflict, Assault, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Law enforcement, Military
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Wellington R, (on the Application of) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2008
Court: House of Lords
Citation: [2008] UKHL 72; [2009] UKHRR 450; 25 BHRC 663; [2009] 2 WLR 48; [2009] HRLR 11; [2009] 1 AC 335; [2009] 2 All ER 436
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

W faced two charges of murder in Missouri, United States of America (USA). He was arrested in the United Kingdom (UK) and the USA requested his extradition. In Missouri, the mandatory sentence was death or life without parole, except by the discretion of the Governor. The prosecutor vowed not to seek the death penalty. W …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Execution, Imprisonment, Incarceration, Inhuman treatment, Torture
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2008Hun-Ka23

Country: South Korea
Year: 2008
Court: Constitutional Court
Citation: 22-1(A) KCCR 36
Health Topics: Prisons, Public safety, 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:

The petitioner was charged with murder of four people and the sexual assault of three women. The Gwangju District Court sentenced the petitioner to the death penalty in accordance with Article 250 Section 1 of the Criminal Act and Article 10 Section 1 of the Former Special Act on Punishment of Sex Crimes and Victim …Read more

Tags: Cruel and unusual punishment, Degrading treatment, Execution, Humiliating treatment, Imprisonment, Incarceration, Inhumane treatment, Law enforcement, Rape, Sexual assault, Sexual violence, Threat of violence
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Grishin v. Russia

Country: Russia
Year: 2008
Court: The European Court of Human Rights
Citation: CASE OF GRISHIN v. RUSSIA
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant was a Russian national who had been suspected of instigating a murder and arrested. He was released on bail a year after his arrest. After his release, the media reported that he was a criminal. Three months later, the applicant was convicted of the charge and sentenced to 8 years of imprisonment and …Read more

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LIND v. RUSSIA

Country: Russia
Year: 2008
Court: The European Court of Human Rights
Citation: CASE OF LIND v. RUSSIA
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to liberty and security of person
Facts:

The applicant was a Russian and a Dutch National who was arrested on the suspicion of committing serious offense at the order of the district Court. He had appealed on the order of detention and the order was upheld on appeal on the ground that it was lawful and justified. The applicant was then charged …Read more

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RENOLDE v. FRANCE

Country: France
Year: 2008
Court: The European Court of Human Rights
Citation: CHAMBER JUDGMENT RENOLDE v. FRANCE
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant was a French national and a sister to a detainee, who also was a French national and committed suicide on 20 July 2000 in his cell in Bois-d’Arcy Prison where he was placed in pre-trial detention. In April 2000, the applicant’s brother was placed under investigation and detained pending trial for the armed …Read more

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Panetti v. Quarterman

Country: United States
Year: 2007
Court: Supreme Court
Citation: 127 S.Ct. 2842 (2007)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The Appellant, Panetti, was convicted of capital murder in a Texas state court and sentenced to death. After the execution date was set, Panetti brought proceedings claiming that he was incompetent to be executed. The federal district court stayed Panetti’s execution in order to allow the state courts to adjudicate Panetti’s claim of mental incompetence. …Read more

Tags: Cruel and unusual punishment, Detainee, Execution, Imprisonment, Incarceration, Incompetence, Inmate, Insanity, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Torture
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Khudobin v. Russia

Country: Russia
Year: 2007
Court: European Court of Human Rights
Citation: Application No. 59696/00; (2006) ECHR 898
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person
Facts:

Mr. Khudobin, a Russian national, filed an application against the Russian Government for allegedly violating several articles of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). The applicant was arrested after he was caught supplying heroin to an undercover police agent. He was placed in custody during pre-trial investigations and …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug enforcement, Examination, Hepatitis, Heroin, HIV, HIV positive, HIV status, Inhuman treatment, Insanity, Lung disease, Measles, Mental disorder, Mental illness, Morphine, Neurological diseases, Noncommunicable diseases, People living with HIV/AIDS, PLHIV, Pneumonia, Prison conditions, Psychiatry, Pulmonary diseases, Respiratory diseases
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Titiahonjo v. Cameroon

Country: Cameroon
Year: 2007
Court: United Nations Human Rights Committee
Citation: CCPR/C/91/D/1186/2003
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons, Sexual and reproductive health, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right to due process/fair trial, Right to liberty and security of person, Right to life, Rights to the benefits of culture
Facts:

The author of the communication was the wife of the alleged victim, a Cameroon citizen. The author alleged that a group of police officers broke into her house without a warrant, claiming to be looking for a gun,  and began beating her husband (as well as battering the author, who was in an advanced state …Read more

Tags: Abuse, Access to drugs, Access to health care, Access to medicines, Access to treatment, Assault, Childbirth, Cleanliness, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Pregnancy, Prison conditions, Solitary confinement, Starvation, Torture, Violence against women
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Testa v. Croatia

Country: Croatia
Year: 2007
Court: European Court of Human Rights
Citation: App. No. 20877/04, 47 Eur. H.R. Rep. 29 (2008)
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Infectious diseases, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to privacy
Facts:

Applicant, a Croatian prisoner, alleged that the prison authorities violated her rights under Article 3 of the Convention because she was not provided with adequate medical treatment and necessary medical check-ups for her illness (chronic hepatitis), nor did she receive an adequate diet or sufficient opportunity to take necessary rest. Consequently, she lost control over …Read more

Tags: Access to health care, Access to treatment, Cleanliness, Cruel treatment, Degrading treatment, Diet, Hepatitis, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Liver disease, Malnutrition, Sewage, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English Croatian

Grishin v. Russia

Country: Russia
Year: 2007
Court: European Court of Human Rights
Citation: App. No. 30983/02, Eur. Ct. H.R. 925 (2007).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant, a Russian national, filed several European Convention on Human Rights Article 3 violations (inhuman or degrading treatment) during his prison term. He claimed that his serious medical state (ischaemic heart disease, exertional angina, hypertension, myopia and chronic bronchitis) was not treated appropriately, that he was beaten by investigating officers and cellmates (alleging broken …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Assault, Cleanliness, Custody, Degrading treatment, Detainee, Detention, Heart disease, Humiliating treatment, Imprisonment, Incarceration, Inmate, Lung disease, Noncommunicable diseases, Prison conditions, Pulmonary disease, Respiratory diseases
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Kafantayeni v. Attorney General

Country: Malawi
Year: 2007
Court: High Court
Citation: Constitutional Case No. 12 of 2005, [2007] MWHC 1
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

On 11 August 2002, K was convicted of killing his two year old stepson by tying him up and burying him alive. K admitted that he had committed the act but claimed to have been acting in a state of temporary insanity induced by smoking Indian hemp. He was found guilty of murder, which carries …Read more

Tags: Cruel and unusual punishment, Execution
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Ciorap v. Moldova

Country: Moldova
Year: 2007
Court: The European Court of Human Rights
Citation: [2007] ECHR 502
Health Topics: Diet and nutrition, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The applicant, Mr. Tudor Ciorap, was incarcerated in a remand centre in Moldova after being arrested on fraud charges. Mr. Ciorap alleged that the conditions of the prison were inhuman as a result of overcrowding (e.g. 1 m2 per person), poor sanitary conditions (e.g. the presence of parasitic insects), and low quantity and quality of …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Food, Humiliating treatment, Hunger, Hunger strike, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Starvation, Torture
Download Judgment: English

Case of Dickson v. The United Kingdom

Country: United Kingdom
Year: 2007
Court: The European Court of Human Rights
Citation: Application no. 44362/04
Health Topics: Health care and health services, Prisons, Sexual and reproductive health
Human Rights: Right to family life
Facts:

The applicants met and married while both were incarcerated via a pen-pal program. The applicants wished to conceive a child. However, given Ms. Dickson’s age at the time of Mr. Dickson’s earliest release date, it was unlikely they would be able to have a child without the use of artificial insemination facilities. As such, the …Read more

Tags: Access to health care, Assisted reproductive technology, Detention, Imprisonment, In utero fertilization, Incarceration, Inmate, Jail, Pregnancy
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Case of Stepuleac v. Moldova

Country: Moldova
Year: 2007
Court: The European Court of Human Rights
Citation: Applications no 8207/06
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Prisons
Human Rights: Right to liberty and security of person
Facts:

The Moldovan Ministry of Internal Affairs arrested Mr. Gheorghe Stepuleac and detained him at the General Directorate for Fighting Organized Crime’s (“GDFOC”) detention centre. Following his release on bail, the Ministry again arrested and detained Mr. Stepuleac at the same detention centre. During his detention Mr. Stepuleac alleged he had inadequate access to food, sunlight, …Read more

Tags: Access to health care, Access to treatment, Degrading treatment, Detainee, Detention, Diet, Food, Imprisonment, Incarceration, Inmate, Jail, Prison conditions, Respiratory diseases, Solitary confinement
Download Judgment: English

Hummatov v. Azerbaijan

Country:
Year: 2007
Court: The European Court of Human Rights
Citation: Application No. 9852/03 and 13413/04
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Medicines, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
Facts:

The applicant, a politician was arrested and detained in a detention centre. He was accused of treason and use of armed forces against the State. The applicant absconded and went into hiding but was caught and arrested. The applicant alleged that he was ill-treated and not allowed to see a doctor during the period of …Read more

Tags: Abuse, Access to drugs, Access to health care, Access to medicines, Access to treatment, Assault, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Execution, Food, Health facilities, Health funding, Imprisonment, Inhuman treatment, Inmate, Jail, Lung disease, Noncommunicable diseases, Prison conditions, Respiratory disease, Torture, Tuberculosis
Download Judgment: English

Holomiov v. Moldova

Country: Moldova
Year: 2007
Court: The European Court of Human Rights
Citation: CASE OF HOLOMIOV v. MOLDOVA
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant was a Moldovan national who had been subjected to a prolonged detention due to an investigation that was being carried out on an offense of aiding and abetting bribery which he was suspected of committing.The applicant had claimed to the European Court of Human Rights (the ECHR) that he had faced inhuman and …Read more

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CIORAP v. MOLDOVA

Country: Moldova
Year: 2007
Court: The European Court of Human Rights
Citation: CASE OF CIORAP v. MOLDOVA
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to privacy
Facts:

The applicant was a Moldova national who worked for an NGO helping people deprived of liberty. He was convicted with serious fraud offenses and was diagnosed with mosaic schizophrenia at the time. The applicant stated that the conditions of his detention were inhuman in that he was kept in small cells lacking proper ventilation and …Read more

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Pramod Bhagwan Nayak v. State of Gujarat

Country: India
Year: 2006
Court: High Court - Gujarat
Citation: (2007) 1 GLR 796
Health Topics: Child and adolescent health, Health care and health services, HIV/AIDS, Infectious diseases, Poverty, Prisons, Public safety, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

The petitioner was challenging an order of detention for allegedly engaging in trafficking of women and girls. The grounds of the order were that petitioner was an “immoral traffic offender” which is “a person who habitually commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, …Read more

Tags: AIDS, Assault, Children, Contraception, Criminalization, Custody, Detention, Examination, Family planning, HIV, Minor, Poor, Sex workers, Sexual abuse, Sexual assault, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing, Underprivileged
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EN and Others v. Government of the RSA and Others

Country: South Africa
Year: 2006
Court: High Court - Durban and Coast Local Division
Citation: 2006 (6) SA 575 (D); 2007 (1) BCLR 84 (SAHC Durban 2006)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Right to due process/fair trial, Right to life
Facts:

This is an application for leave to appeal an interim implementation order. In the main application fifteen prisoners were successful in compelling the State to provide them, and other similarly situated prisoners living with HIV/AIDS, with antiretroviral (ARV) treatment while they were incarcerated at the Westville Correctional Centre (WCC) in KwaZulu-Natal province. The Respondents filed …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Detention, First-line treatment, HIV positive, Imprisonment, Incarceration, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

EN and Others v. Government of RSA and Others (No. 1)

Country: South Africa
Year: 2006
Court: High Court - Durban and Coast Local Division
Citation: 2006 (6) SA 543 (D); 2007 (1) BCLR 84 (D)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Right to health
Facts:

An urgent application was filed on behalf of fifteen prisoners living with HIV/AIDS who required antiretroviral (ARV) treatment while incarcerated at the Westville Correctional Centre (WCC) in KwaZulu-Natal province. The Applicants were acting in their individual capacities and as representatives of the class of prisoners incarcerated at WCC. The sixteenth applicant was the Treatment Action …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Custody, Detention, Essential medicines, First-line treatment, Health expenditures, Health funding, Health spending, HIV, HIV positive, Imprisonment, Incarceration, Inmate, Jail, People living with HIV/AIDS, Pharmaceuticals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English