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
Koryak v. Russia
Country: RussiaYear: 2012
Court: The European Court of Human Rights
Citation: Application number 24677/10
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
The applicant was arrested and convicted of murder. The applicant alleged that he had not received proper medical attention while in detention and his detention and refusal to release despite his serious medical condition amounted to cruel treatment. He was sentenced to ten years of imprisonment in 2004. The applicant had been suffering from Tuberculosis …Read more
Shchebetov v. Russia
Country: RussiaYear: 2012
Court: European Court of Human Rights
Citation: Application No. 21731/02
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
The applicant had contracted HIV and Tuberculosis while in prison, and alleged that he was denied adequate medical care in violation of his Article 2 (right to life) and Article 3 (prohibition on torture or inhuman or degrading treatment) rights under the European Convention on Human Rights (“Convention”). In 1997, the applicant was sentenced to …Read more
Application of Justice Health, re a Patient
Country: AustraliaYear: 2011
Court: Supreme Court of New South Wales
Citation: (2011) 80 NSWLR 354; [2011] NSWSC 432
Health Topics: Chronic and noncommunicable diseases, Informed consent, Prisons
Human Rights: Right to bodily integrity, Right to health
An inmate in a correction centre (the “patient”) had end-stage lung cancer with, at best, weeks to live. The patient was incompetent to give consent or refuse any medical treatment and had no guardian who could provide substituted consent. The unanimous medical opinion was that further active treatment would be futile, and additional medical opinion …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
Grand Justices Interpretation No. 690
Country:Year: 2011
Court: Grand Justices Council
Citation: Judicial Yuan Interpretation No. 690 (Grand Justices Council Sept. 30, 2011) (Taiwan).
Health Topics: Hospitals, Infectious diseases, Public safety
Human Rights: Right to due process/fair trial, Right to liberty and security of person
According to Article 37 of the Communicable Disease Control Act, revised January 30, 2002, “Any person who had physical contacts with patients of contagious diseases, or suspected of being infected, shall be detained and checked by the competent authority, and if necessary, shall be ordered to move into designated places for further examinations, or to take …Read more
Hadzic and Suljic v. Bosnia and Herzegovina
Country: Bosnia-HerzegovinaYear: 2011
Court: European Court of Human Rights
Citation: Application Nos. 39446/06 and 33849/08
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Mr. Hadzic and Mr. Suljic were detained in the Psychiatric Annex of Zenica Prison. Each claimed that their detention was unlawful under Article 5, section 1 of the European Convention on Human Rights (“Convention”), which protects the right to liberty and security of person They argued that the Annex was not an appropriate institution for …Read more
Inga Abramova v. Belarus
Country: BelarusYear: 2011
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 23/2009; CEDAW/C/4 9/D/23/20 09
Health Topics: Prisons, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment
IA was a journalist and activist for the ‘For Freedom’ movement. On 10 October 2007 IA was hanging blue ribbons in Brest, Belarus in order to draw public attention to the ‘European March’ campaign. IA was arrested by a police officer and taken to the Interior Department of Lenin District of Brest City. IA was …Read more
Kharchenko v. Ukraine
Country: UkraineYear: 2011
Court: European Court of Human Rights
Citation: Application no. 40107/02
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person
K was named as a witness in a case brought against a company involving embezzlement. During the investigation, the prosecutor brought criminal charges against K for his suspected involvement in the embezzlement, and on 7 April 2001, K was detained by the authorities pursuant to the prosecutor’s order. The detention, based on a request of …Read more
Khatayev v. Russia
Country: RussiaYear: 2011
Court: European Court of Human Rights
Citation: App. No 56994/09, Eur. Ct. H.R. (2011).
Health Topics: Health care and health services, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The applicant, a Russian citizen who was diagnosed with pulmonary tuberculosis and tuberculosis papillitis of the kidneys, was transferred to a special “medical colony” to serve a prison sentence of two years and six months for an aggravated robbery conviction. Upon his arrival, the facility provided a new complex prophylactic examination by a tuberculosis specialist …Read more