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8 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:
United Kingdom Year: 1994
Court: European Commission on Human Rights
Citation: Application No. 17821/91
Health Topics:
Health care and health services,
Mental health,
Prisons Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: The applicant, a British citizen, claimed violations of sections one and four of Article 5 of the European Convention on Human Rights (the “Convention”) related to his involuntary recall to medical detention by the Home Secretary. In 1970, the applicant raped and killed his twelve year old neighbor. In January of 1971, the applicant pled …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Custody,
Detainee,
Detention,
Examination,
Imprisonment,
Incarceration,
Inmate,
Involuntary commitment,
Involuntary confinement,
Jail,
Mandatory commitment,
Mandatory confinement,
Mental disorder,
Mental illness,
Mental institution,
Psychiatry,
Psychology
Country:
United Kingdom Year: 1994
Court: European Commission on Human Rights
Citation: Application No. 22162/93
Health Topics:
Prisons,
Public safety Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy,
Right to property Facts: The applicant was serving a sentence of life imprisonment in HM Prison Stocken. He had been convicted of the murder of an elderly man in 1972 and received a mandatory sentence of life imprisonment. The applicant’s sentence was reviewed by the Parole Board in or about 1984. A release date was apparently set and he …Read more
Tags: Custody,
Detainee,
Detention,
Imprisonment,
Incarceration,
Inmate,
Jail,
Threat of violence,
Torture
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
Country:
United Kingdom Year: 1980
Court: European Commission of Human Rights
Citation: Application No. 7525/76
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to liberty and security of person,
Right to privacy Facts: Applicant, a gay man, brought a complaint before the Commission alleging that laws criminalizing male homosexual conduct in Northern Ireland constituted unjustified interference with his right to respect for his private life (Article 8 of the European Convention on Human Rights) as well as unjustifiable discrimination on sexual grounds and residency grounds (Article 14). Due …Read more
Tags: Buggery,
Gay,
Homosexual,
Lesbian,
LGBTI,
Sexual orientation,
Sodomy
Country:
United Kingdom Year: 1980
Court: European Commission on Human Rights
Citation: App. No. 8416/78, 3 Eur. H.R. Rep. 408 (1980)
Health Topics:
Health care and health services,
Sexual and reproductive health Human Rights: Freedom of religion,
Right to bodily integrity,
Right to due process/fair trial,
Right to family life,
Right to health,
Right to liberty and security of person,
Right to life,
Right to privacy Facts: The applicant claimed that English law violated provisions of the European Convention on Human Rights (Convention), after he found out that his wife was pregnant and planned to have a legal abortion without his consent. Specifically, the applicant claimed that England and Wales violated the right to life and the right to liberty and security …Read more
Tags: Abortion,
Access to health care,
Access to treatment,
Childbirth,
Family planning,
Pregnancy,
Spousal consent,
Spousal notification,
Termination of pregnancy,
Therapeutic abortion
Country:
Germany Year: 1977
Court: European Commission on Human Rights
Citation: Brüggemann v. F.R.G., App. No . 6959/75, 3 Eur. H.R. Rep. 244 (1977).
Health Topics:
Health care and health services,
Health systems and financing,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom of association,
Freedom of religion,
Right to family life,
Right to life,
Right to privacy Facts: 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
Tags: Abortion,
Access to health care,
Access to treatment,
Childbirth,
Contraception,
Contraceptives,
Criminalization,
Family planning,
Pregnancy,
Termination of pregnancy
Country:
Ireland Year: 1976
Court: European Commission on Human Rights
Citation: Application No. 6839/74
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Disabilities,
Health care and health services,
Health systems and financing Human Rights: Right to health,
Right to life,
Right to social security Facts: The applicant argued that the refusal of the authorities to give her disabled daughter a medical card constituted a breach of her daughter’s right to life guaranteed by Article 2 (right to life) of the European Convention of Human Rights (“the Convention”). The applicant’s daughter suffered from a serious deformation of the larynx, which prevented …Read more
Tags: Access to health care,
Access to treatment,
Children,
Disabled,
Handicapped,
Health funding,
Health insurance,
Infant health,
Minor,
Noncommunicable diseases,
Pediatric health,
Physically challenged
Country:
Ireland Year: 1970
Court: European Commission on Human Rights
Citation: Application No. 3717/68
Health Topics:
Chronic and noncommunicable diseases,
Diet and nutrition,
Health care and health services,
Prisons Human Rights: Right to due process/fair trial,
Right to privacy Facts: Applicant, a stateless person with a Swedish alien’s passport, was arrested in Scotland on suspicion of committing murder in Ireland. Applicant was taken to Ireland, convicted of murder, and sentenced to penal servitude for life. Applicant claimed that his trial was “rigged and fixed” as a result of a conspiracy between the judge, his own …Read more
Tags: Abuse,
Access to treatment,
Custody,
Diet,
Food,
Hunger strike,
Imprisonment,
Inadequate treatment,
Incarceration,
Inmate,
Jail,
Migrants,
Prison conditions,
Skin disease