Shatrughan Chauhan and another v. Union of India and others
Country: IndiaYear: 2014
Court: Supreme Court
Citation: Writ Petition 55 of 2013
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to life
Fifteen criminal convicts sentenced to the death penalty challenged their sentences as in violation of Article 21 of the Indian Constitution, which protects the right to life. They claimed that the executive orders rejecting their mercy petitions were passed without considering supervening events, including delay, insanity, solitary confinement, and procedural lapses. Two convicts alleged that the …Read more
Tapela, et al. v. Attorney General, et al.
Country: BotswanaYear: 2014
Court: High Court
Citation: (MAHGB-000057-14), BWHC 1 (2014)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
The applicants, two prisoners with HIV and an interested non-governmental organization, complain that the policy of denying Highly Active Antiretroviral Therapy (“HAART”) to non-citizen inmates is a violation of the rights of such non-citizen prisoners under the Constitution of Botswana. HAART is a drug treatment that helps control HIV mutation and reduces the likelihood of …Read more
Valetov v. Kazakhstan
Country: KazakhstanYear: 2014
Court: United Nations Human Rights Committee
Citation: Communication No. 2104/2011
Health Topics: Health care and health services, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial
Nikolai Valetov, a Russian national, was arrested and charged in June 2001 with murder by Kyrgyzstan authorities while living in Kyrgyzstan. In addition to maintaining that he was framed for this crime by the police, Valetov further claimed that he was tortured by the police so severely while in pre-trial detention that he was permanently …Read more
B v. Waitemata District Health Board
Country: New ZealandYear: 2013
Court: High Court
Citation: [2013] NZHC 1702
Health Topics: Health systems and financing, Hospitals, Mental health, Tobacco
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to privacy
In this case applicants argued that the no-smoking policy of the Waitemata District Health Board (WDHB)and the consequent prohibition of smoking in hospitals and surrounding grounds violated their right not to be subjected to torture or cruel treatment, the right to be treated with humanity, the right to respect private life, and the right to …Read more
Inglis v. British Columbia (Minister of Public Safety)
Country: CanadaYear: 2013
Court: British Columbia Supreme Court
Citation: 2013 BCSC 2309
Health Topics: Child and adolescent health, Poverty, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to liberty and security of person
The plaintiffs brought a case before the British Columbia Supreme Court following the 2006-2007 decision by the Ministry of Public Safety to cancel the Mother Baby Program at the Alouette Correctional Centre for Women, a women’s prison. This program had allowed incarcerated mothers and their babies to live at the institution together, subject to the …Read more
Joyce Nawila Chiti v. Zambia
Country: ZambiaYear: 2012
Court: United Nations Human Rights Committee
Citation: Communication no. 1303/2004
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to education, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
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
Kichwa Peoples of the Sarayaku Community v. Ecuador
Country: EcuadorYear: 2012
Court: Inter-American Court of Human Rights
Citation: Case No. 12.465; Series C No. 245, June 27, 2012
Health Topics: Diet and nutrition, Environmental health, Health care and health services, Medicines, Violence
Human Rights: Freedom of expression, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to participation, Right to property
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
Ubamaka Edward Wilson v. Secretary for Security and Another
Country: ChinaYear: 2012
Court: Court of Final Appeal of the Hong Kong Special Administrative Region
Citation: FACV No. 15 of 2011
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
In 1991, the appellant, a Nigerian national, was arrested at the Hong Kong airport for drug trafficking, and subsequently sentenced to 24 years imprisonment. During this time, he applied several times to the Hong Kong and UK governments to be allowed to serve his sentence in Nigeria. However, in 1998 he desisted after becoming aware …Read more
Brown v. Plata
Country: United StatesYear: 2011
Court: Supreme Court
Citation: 131 S.Ct. 1910 (2011)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Infectious diseases, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
This case involved an appeal from a decision made by a three-judge court that was convened by the Federal District Court to decide the appropriate remedy for violations of the Eighth Amendment to the United States Constitution. The violations were the subject of two related Federal District Court cases in California: Coleman v. Brown (1990) …Read more
Centre For Health, Human Rights and Development (CEHURD), et al. v. The Attorney General
Country: UgandaYear: 2011
Court: Constitutional Court
Citation: Constitutional Petition No. 64 of 2011
Health Topics: Disabilities, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The Centre for Health, Human Rights and Development (“CEHURD”) alleged that Uganda passed laws that were (1) degrading to mentally challenged individuals and (2) contrary to the Ugandan Constitution (“Constitution”). The factual issue at hand involved the claim that people with mental disabilities were being detained for long and indefinite periods of time without due …Read more