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

The respondent JH, a member of a First Nation in British Columbia, was admitted to the Foothills Medical Centre, run by the respondent, Alberta Health Services, on September 5, 2014 for the treatment of sepsis in his knee. Following surgery and a 20-day hospital stay, JH sought discharge. Instead, JH was admitted as a formal …Read more

The Petitioners were a group of individuals being held in civil detention by Immigration and Customs Enforcement (ICE) at three locations: the York County Prison, the Clinton County Correctional Facility, and the Pike County Correctional facility, while awaiting the final disposition of their immigration cases. With the rapid and expansive spread of the novel coronavirus …Read more

The applicant, a Russian national, arrived in Germany in 2002. In 2002 and 2011, the competent domestic authorities denied the applicant’s asylum requests. In 2012, the applicant was granted a residence permit, which was later prolonged until March 2018. In 2014, the Federal Office for the Protection of the Constitution investigated the applicant due to …Read more

The appellant was a 62 year old female diagnosed with schizophrenia. She had a long-standing history of hospitalization, treatment, release, de-compensation, relapse, and re-admission. When psychotic, the appellant had a history of troubling behaviour, including attempts to divert traffic, throwing objects out of a window, crashing her car and smashing other cars with brooms. The …Read more

Defendant Governor Dannel Malloy declared a public health emergency in Connecticut in March 2014, in response to an Ebola outbreak in the West African countries of Guinea, Liberia and Sierra Leone. This Emergency Declaration authorized Defendant Dr. Mullen, the State Commissioner of Public Health, to quarantine individuals whom she reasonably believed were at risk of …Read more

The plaintiff, Kaci Hickox, brought a civil rights action against Governor Christie and state public health officials, alleging that her 80-hour quarantine, upon returning to the United States after caring for Ebola patients in West Africa, violated her rights under the Fourth and Fourteenth Amendments. Prior to the plaintiff’s return to the United States, a …Read more

The first applicant-Novruk, a Moldovian national after his first marriage and divorce, married Ms. S, a Russian national. The applicant discovered that he was HIV positive. Ms. S had a daughter from previous marriage and also was a foster mother to nine orphaned children. Some of the children were HIV positive. The applicant applied for …Read more

The Public Health Officer in the Nandi Central District arrested the petitioners- Daniel Ng’etich and Patrick Kipng’etich Kirui stating that they had failed to take the prescribed TB Medications. Under Section 27 of the Public Health Act, a magistrate could order the isolation and detention of a person who has been exposed to an infection. …Read more

Section 66 of the Syariah Criminal Enactment of 1992 made it an offence for Muslim males to wear women’s attire or to pose as a woman in a public place. Conviction resulted in a fine or imprisonment not exceeding six months or both. The Appellants were Muslim men with Gender Identity Disorder (GID) who expressed …Read more

The petitioners were two women who gave birth and were detained by Pumwani Hospital when they could not pay maternity fees in full upon discharge. The first petitioner was referred to the hospital with a potential breech birth and was detained for 24 days after discharge when she was unable to pay her hospital bill. …Read more

The appellant was a 17 year old boy who applied for permanent residence from within Canada, having previously landed as a refugee claimant. He travelled to Canada to escape threatened violence from the army and police in Sri Lanka, his native country after he was detained and questioned by the Sri Lankan police and army. …Read more

The petitioner was a homosexual man and an LGBT activist who had traveled to Belize and Trinidad and Tobago; he had never been denied entry into either state. When he learned that section 5 of the Belize Immigration Act and section 8 of the Trinidad and Tobago prohibited homosexuals, prostitutes, or any person who living …Read more

The eight applicants had previously been citizens of both the former Yugoslavia and one of its constituent republics other than Slovenia. They had acquired permanent residence in Slovenia, but, following its independence, had either not requested Slovenian citizenship or had had their application refused. On 26 February 1992, pursuant to the newly enacted Aliens Act, …Read more

The Applicant, a UK citizen born in 1947, alleged that the seclusion policy (“Policy”) of Ashworth Special Hospital (“Ashworth”), the maximum security hospital where he was committed for a mental illness, violated the European Convention on Human Rights. After several instances of incarceration and hospitalization on account of various mental health issues, the applicant was …Read more

This case concerned the Kichwa nation of the Ecuadorian Amazon, which encompassed two Peoples who shared the same linguistic and cultural tradition. The State of Ecuador had granted a private oil company a permit to carry out oil exploration and exploitation of activities in the ancestral territory of the Kichwa nation. The State did not …Read more

This case deals with the destruction of the Mayan community of Río Negro by a series of massacres perpetrated by the Guatemalan army and members of the civil self-defence patrols in 1980 and 1982 which, according to the IACmHR, included the persecution and elimination of members of the Mayan community, subsequent violations directed against the …Read more

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

The applicant was a citizen of Saint Vincent and the Grenadines who entered Canada on a visitor visa, and remained in Canada illegally after his visa had expired. During this time, he was hospitalized after losing his eyesight and memory. He was diagnosed with a benign tumor affecting his brain and pituitary gland. The tumor …Read more

K was born in the Uzbek SSR of the Soviet Union and acquired Uzbekistan citizenship following the collapse of the USSR. In October 2002, K’s brother purchased a house in the Oryol Region of Russia. In 2003, K, his half brother and their mother moved into this house. In July 2003, K married a Russian …Read more

This case was a noncompliance action brought by the plaintiffs, Silvia Game Muñoz y Alfredo Luna Narváez, in respect of Art. 23 of the Law Restating the Law regarding Persons with Disabilities (“LRLPD”), which provided for the importation of certain vehicles for the use of persons with disabilities. The first plaintiff had previously obtained a favorable ruling …Read more

Zeljka Antunovic, 35 years of age, suffered from a mental illness for which she was treated involuntarily under a community treatment order issued pursuant to the Mental Health Act of 1986. She lived at the Northfolk Terrace Community Center Unit for some time before deciding she wished to return home to live with her mother. …Read more

Aranzazu Meneses de Jiménez, a General Service Operator at the Maria Inmaculada Hospital, filed a petition against the Republic of Colombia alleging a violation of article 4 (right to life), article 5 (right to humane treatment), and article 25 (right to judicial protection) of the American Convention on Human Rights and Articles 1, 2, 6 …Read more

H.R’s partner became acutely ill during her temporary residency in Great Britain. H.R. travelled to Great Britain to support and care for her whilst she was in hospital. He was the only family member present for multiple surgeries to treat his partner’s life-threatening cancer. This required significant and costly travel for H.R. Upon returning to …Read more

In 1999, Mr. Wistrand, a Swedish man, obtained an alternative and promising form of rectal cancer treatment in France because this treatment was not yet available in Sweden.  Upon his return in 2000, his local Social Insurance Board denied his request for compensation for his medical costs because the treatment did not occur in Sweden.  …Read more

Three applicants, two Irish nationals and one Lithuanian national, travelled to the United Kingdom in 2005 to have an abortion, each applicant believing they were not entitled to an abortion in Ireland. The first applicant decided to have an abortion to avoid jeopardizing her chances of reuniting her four previous children who were in foster …Read more

The Petitioners suffered from tuberculosis. Pursuant to the Public Health Act, the Nandi Central District Tuberculosis Defaulter Tracing Coordinator ordered their detention in prison for eight months. The Petitioners claimed their detention violated their rights to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair, and to freedom of movement under articles 47(1) …Read more

This case was an appeal of a petition for a writ of habeas corpus brought by the claimant, Eusebio Alejandro Soto, against Marcelo Cuellar Crespo, director of the San Juan de Dios Municipal Public Hospital. The claimant brought the petition against the hospital when he was detained there for failure to pay for his treatment …Read more

The applicant challenged the decision of the Citizenship and Immigration Canada’s (‘CIC’) to deny her coverage under the Interim Federal Health Program (‘IFHP’) for her medical care, hospitalization, and related expenses. At the time the applicant began seeking medical services, she was illegally in Canada; her temporary resident visa had expired, and she had not …Read more

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

The accused was found not guilty by reason of insanity on a charge of sexual assault with a weapon in 1983. He was subsequently detained in numerous mental health facilities. Before his annual review hearing in 2006 was held, the accused alleged that the centre in which he was detained had violated his constitutional rights …Read more