Saribekyan and Balyan v. Azerbaijan
Country: AzerbaijanYear: 2020
Court: European Court of Human Rights
Citation: [2020] ECHR 35746/11
Health Topics: Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to life
The applicants, Mamikon Saribekyan and Siranush Balyan, brought an application that their son, Manvel Saribekyan, had been tortured and killed under the detention of the Azerbaijan authorities. Saribekyan, was a resident of the Tutjur village in the Gegharkunik region of Armenia near the border of Azerbaijan. On September 11th, 2010, Saribekyan lost his bearings in …Read more
British Columbia Civil Liberties Association v Canada (Attorney General)
Country: CanadaYear: 2018
Court: Supreme Court of British Columbia
Citation: 2018 BCSC 62
Health Topics: Mental health, Prisons
Human Rights: Right to bodily integrity, Right to life
The plaintiffs are two non-profit organizations, the British Columbia Civil Liberties Association and the John Howard Society of Canada. The plaintiffs challenged the constitutionality of sections 31-33 and 37 of the Corrections and Conditional Release Act (CCRA), which authorized administrative segregation of inmates in federal prisons. Section 31 provided that the purpose of administrative segregation …Read more
Nelson v. Livermore
Country: CanadaYear: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 712
Health Topics: Health care and health services, Informed consent, Mental health, Prisons, Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Rodney Nelson sought judicial review of his involuntary admission to a psychiatric hospital under Ontario’s Mental Health Act (“MHA”) and an order for his immediate release due to rights infringements. Nelson had a lengthy history of crimes with many violent offences, including sexual offences against women and children. A psychiatrist completed an application for psychiatric …Read more
Daniel Ng’etich v. Attorney General
Country: KenyaYear: 2016
Court: High Court of Kenya, Constitutional and Human Rights Division
Citation: Petition No. 329 of 2014 [2016] eKLR
Health Topics: Health care and health services, Hospitals, Infectious diseases, Prisons, Public safety
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to liberty and security of person
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
Mambu v The Democratic Republic of the Congo
Country: Congo, DRCYear: 2016
Court: United Nations Human Rights Committee
Citation: Communication No. 2465/2014; UN Doc. CCPR/C/118/D/2465/2014
Health Topics: Health care and health services, Hospitals, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to participation
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
Writ Of Habeas Corpus 124.306 Rio De Janeiro STATE
Country: BrazilYear: 2016
Court: Supreme Federal Court of Brazil
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
The writ of Habeas Corpus was brought for the release of the defendants who were arrested for providing illegal abortion services through their clinic with the consent of the women. The Criminal District Court released the defendants but allowed the appeal of the Public Prosecutor for a pre-trial detention. The decision was based on the …Read more
Zogo Andela v. Cameroon
Country: CameroonYear: 2016
Court: United Nations Human Rights Committee
Citation: CCPR/C/121/D/2764/2016
Health Topics: Health care and health services, Prisons
Human Rights: Right to due process/fair trial, Right to health
The International Covenant on Civil and Political Rights (ICCPR) is a treaty by which its parties commit to preserving certain human and political rights. The First Optional Protocol of the Covenant allows for individuals to bring complaints, referred to as communications, against state parties to the Protocol that have allegedly violated articles of the ICCPR. …Read more
Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania
Country: RomaniaYear: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea. Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more
Kanthasamy v Canada (Citizenship and Immigration)
Country: CanadaYear: 2015
Court: The Supreme Court of Canada
Citation: 2015 SCC 61
Health Topics: Child and adolescent health, Disasters and emergencies, Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom of movement and residence, Right to liberty and security of person
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
Monim Elgak, Osman Hummeida and Amir Suliman v Sudan
Country: SudanYear: 2015
Court: African Commission on Human and Peoples’ Rights
Citation: Communication 379/09
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to liberty and security of person
The complainants were human rights activists who were arrested, tortured and ill-treated by the Intelligence Services of Sudan. They were also compelled to leave Sudan. Mr. Suliman’s human rights organization was further shut down by the Sudanese Authorities. During the interrogation, the authorities threatened to kill and rape Mr. Hummeida. He was further denied medical …Read more