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

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

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

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

Eugène Diomi Ndongala Nzo Mambu was a national of the Democratic Republic of the Congo and president of the opposition political party in the State, challenging the legitimacy of an election. He alleged that he was abducted in 2012 and held incommunicado for three months and 13 days while being interrogated about his ties with …Read more

The plaintiff brought the case to the Superior Court of Province of Neuquén to declare the unconstitutionality of the executive provincial decree 1184/2002 that regulates the National Law of Indigenous Policy 23 302 [Ley Nacional de Política indígena 23.302] because it violated Articles of the National Constitution, International Laws, Federal Legislation  and Provincial Constitution (Articles 7, …Read more

On 7 August 2008, the Defendant, Prita Mulyasari, arrived at Omni International Hospital in Tangerang with symptoms of a fever and dizziness. She was then admitted, and through a series of unfortunate events, ended up receiving unnecessary medication and incorrect lab results under the care of Dr. Hengky. Her condition significantly worsened after an incorrect …Read more

Two cases (numbers 37505/09 and 21352/09) were consolidated by an order of the court along with this case of the Hospital Association of South Africa Ltd (number 37377/09), as they all dealt with the same issues. The Applicants sought relief in respect of the promulgation by the Minister of Health (Minister) of Regulations Relating to …Read more

On March 26, 2004, the District Court of Moscow upheld a claim to dissolve the religious community of Jehovah’s Witnesses in Moscow (“Community”) and imposed a permanent ban on its activities. The court upheld the claim on various the grounds, which included charges that the Community encouraged its members to commit suicide and/or refused medical …Read more

Fifty buses worth of landless rural workers attempted to protest in Paraná’s capital for agrarian reform as large amounts of the rural lands in the state were owned by a few landholders. The caravan was intercepted by military police. When passengers got off one of the buses to inquire what was happening, the military police …Read more

In May 2007, the State of Panama, without community consultation, granted a concession for the construction of a hydroelectric dam within the traditional lands of an indigenous community, the Ngöbe. Although the construction of the dam was still in its initial stages at the time the petition was filed, the petitioner alleged that the work …Read more

This case was heard together with case 261/2008-0-0. The Petitioners, Miroslav Grcev and Stamen Filipov, challenged the constitutionality of the Anti-Smoking Law (the Law). The Law banned smoking in public premises, advertising cigarettes, and selling cigarettes to persons under the age of 16. Public premises included institutions for education, health, state administration,  public transport, and …Read more

Three non-profit organizations concerned with Belgian healthcare and nursing brought forward a plea seeking to annul a 2007 law relating to the representation of homecare nurses within the Conventions Committee of Nurses. At a later date, another non-profit organization brought forth a plea challenging Articles 2-5 of the 2007 law. The Constitutional Court heard both …Read more

This decision addressed the power of the Ecuadorian executive to curtail the rights to freedom of movement, meeting and association by issuing a state of emergency aimed at preventing an outbreak of the swine flu virus, defined as a global threat by the World Health Organization. The Constitutional President of the Republic of Ecuador, Mr. …Read more

In 2004, three associations sent the ship Borndiep to Portugal where abortion was illegal that would stage activities promoting the decriminalization of abortion including distribution of drugs that can induce abortion. Aware of the project, the Portuguese Government prevented the boat from entering its national territory. The three plaintiffs sued Portugal in national courts, which …Read more

The complainants were South Cameroonian citizens who alleged a variety of human rights violations done by Cameroon and were seeking the right to secede and form their own state. In 1961, the United Nations Trust System held a plebiscite that allowed South Cameroonians to join Cameroon or Nigeria but not to form their own country. …Read more

A public sector strike took place in 2007. The State contended that not all employees of the State have a right to participate in such a public sector strike, in particular those engaged in essential services. The State subsequently obtained an order in which an interdict was granted to the effect that essential services employees …Read more

This report addresses the admissibility of a petition that alleged Canada failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration), including protection of the right to life, the right of special protection of women during pregnancy and the freedom of expression and dissemination of ideas. Anti-abortion …Read more

Cyprus lodged an application against Turkey for alleged violations of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) which occurred during and after the Turkish military operations in Cyprus in 1974 and the subsequent 1983 establishment of the “Turkish Republic of Northern Cyprus” (“TRNC”). Cyprus alleged that Turkey was responsible …Read more

Six communications jointly alleged that the Mauritanian state committed numerous human rights violations from 1986 to 1992. Specifically, the communications alleged that the State violated articles 2, 4, 5, 6, 7, 9, 10, 11, 12, 14, 16, 18, 19, and 26 of the African Charter on Human and Peoples’ Rights (“the Charter”), which came into …Read more

The complainant alleged that Nigerian security agents arbitrarily arrested his client, Mr. Ayodele Ameen, as a result of Mr. Ameen’s political activism in support of validating the country’s 12 June 1994 elections, which the Nigerian military government had previously annulled. While in prison, the complainant claimed that Nigerian security officials tortured Mr. Ameen, subjected him …Read more

Huri-Laws, a non-governmental organization registered in Nigeria, filed on behalf of the Civil Liberties Organisation (CLO), another Nigerian organization based in Lagos, a complaint claiming that the Federal Military Government of Nigeria harassed and persecuted the latter’s legal staff in various forms that violated provisions of the African Charter on Human and Peoples’ Rights (Charter). …Read more

Amnesty International and three other international human rights organizations filed a series of four complaints (Communications 48/90, 50/91, 52/91, and 89/93) on behalf of hundreds of prisoners, whom the organizations believed suffered detainment without trial, as well as various forms of torture and cruel and inhuman treatment in prison, following a coup d’état in Sudan …Read more

The plaintiff filed a claim arguing the constitutionality of article 16 of the law no.6982, which required retirees and pensioners who previously received health services from the Institute of Social Welfare to change their affiliation to the Institute of Medical Assistance IOMA (a health provider). The plaintiff claimed that this law violated articles 14, 17, 28, 33, …Read more

S, a writer and president of an Ogoni people’s movement, and L (the movement’s vice-president) were arrested in May 1994 after the murder of four Ogoni leaders following a riot which had occurred during a meeting organized by the movement. It was alleged that S was severely beaten during the first days of his detention …Read more

The Medical Center “Segurola S.A” (“Centro Médico Segurola S.A”) filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State, under article 43 of Argentina’s National Constitution and law 16.986. The plaintiff considered law 24.754 to be unconstitutional because in article 1 it established that the companies that provide prepaid medical …Read more

The case combined six writs of tutela that were filed against the Institute of Social Security (ISS) into one record. The Plaintiffs were persons living with HIV who had not been able to obtain protease inhibitors to treat their HIV. The protease inhibitors sought by the Plaintiffs were antiretrovirals used in the treatment of HIV …Read more

The Petitioner, Legal and Environmental Analysis for Development and Research Services (Pvt.) Ltd. (LEADERS Inc) was a company that conducted research on environmental issues and promoted conservation. One of the Respondents, Godavari Marble Industries, was engaged in marble masonry. The Petitioner contended that the activities of the Respondent, including blasting and mining, were causing severe …Read more

The petitioners challenged Article 28 of the law dated March 30, 1994, which instituted a system intended to guarantee the claims of the National Institute for Health an Disability Insurance (“INAMI”) on clinical pathology laboratories. The provisions at issue “[allowed] the health treatment Service of INAMI to require insuring organizations to retain the amounts that …Read more

The applicant, an Icelandic national, was a taxi driver and resident in Reykjavik, Iceland. He refused to join an automobile association which, inter alia, protected taxi-cab drivers’ rights. Membership of the association was, under an Icelandic law passed in 1989, a prerequisite for acquisition of a taxi-cab driver’s license. The applicant complained that the subsequent refusal …Read more

This case was an appeal by the State of Colorado (“Colorado”) and Colorado prison officials, challenging an order from the Colorado Federal District Court directing the State of Colorado to close the maximum security unit of the Colorado State Penitentiary at Canon City (“Old Max”). Inmate Fidel Ramos filed a complaint alleging that the conditions …Read more

In 1975, the Constitutional Court of Germany struck down a law that decriminalized abortion in the first trimester of pregnancy. The applicants claimed that the resulting amendment to the German criminal code, which criminalized abortion (except under certain circumstances) in the first trimester of pregnancy violated Article 8 (right to a private life) of the European Convention on …Read more