Hurtado v. Switzerland
Country: SwitzerlandYear: 1994
Court: European Court of Human Rights
Citation: Case No. 37/1993/432/511 [1994] ECHR 280
Health Topics: Health care and health services, Prisons
While arresting Mr. Hurtado, Swiss police officers threw a stun grenade, forced Mr. Hurtado to the ground, and handcuffed and hooded him. The officers allegedly then beat Mr. Hurtado until he lost consciousness, and he was not allowed to change out of his dirty clothes for at least a day. Mr. Hurtado asked to see …Read more
Lopez-Ostra v. Spain
Country: SpainYear: 1994
Court: European Court of Human Rights
Citation: Application No. 16798/90; (1995) 20 EHRR 277; [1994] ECHR 46; (1994) 303-C Eur. Ct. H.R. (ser A)
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to privacy
Mrs. López Ostra brought an action against Spain due to environmental pollution from a nearby waste treatment plant. López Ostra lived adjacent to the plant, which was operating without a license. The plant malfunctioned on start-up, and released gas fumes and unpleasant smells. These caused health problems and were a nuisance to the local people. …Read more
M’Boissona (on behalf of Bozize) v. Central African Republic
Country: Central African RepublicYear: 1994
Court: United Nations Human Rights Committee
Citation: Communication 428/1990, UN Doc. CCPR/C/50/D/428/1990
Health Topics: Diet and nutrition, Health care and health services, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to food, Right to health, Right to liberty and security of person
In a communication submitted to the United Nations Humans Right Committee (“UNHRC”), Yvonne M’Boissona asserted that her brother, François Bozize, led a coup d’état in the Central African Republic in 1982. After fleeing the country, he was arrested in July 1989 in Benin, repatriated to the Central African Republic by force, and imprisoned at a …Read more
Mika Miha v. Equatorial Guinea
Country: Equatorial GuineaYear: 1994
Court: United Nations Human Rights Committee
Citation: Communication No. 414/1990
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Mika Miha (M), having twice previously left Equatorial Guinea for asylum abroad, had returned in 1988 to support the activities of an opposition party to which he belonged. Shortly afterwards, he was arrested by members of the security forces. The only explanation given was that his detention had been ordered by the president. For the …Read more
STC 215/1994
Country: SpainYear: 1994
Court: Constitutional Court
Health Topics: Infectious diseases, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to life
The parents of a mentally-disabled woman requested that the court authorize the sterilization of their daughter. According to the Article 428 of the Criminal Code made in accordance with Article 6 LO 3/89 of 21 June (the “challenged provision”), sterilization of a disabled person who suffered from serious psychological deficiency would not be unlawful if the …Read more
Herczegfalvy v. Austria
Country: AustriaYear: 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
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
Pottinger v. City of Miami
Country: United StatesYear: 1992
Court: United States District Court for the Southern District of Florida
Citation: 810 F. Supp. 1551 (S.D. Fla. 1992)
Health Topics: Poverty
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to liberty and security of person, Right to property
The plaintiffs brought a class action lawsuit on behalf of themselves and about 6,000 other homeless persons against the City of Miami, Florida. They claimed that by arresting and seizing the property of the plaintiffs, the City’s police officers violated the plaintiffs’ rights under the United States and Florida Constitutions. The plaintiffs claimed that it …Read more
Cruz Varas and Ors v. Sweden
Country: SwedenYear: 1991
Court: European Court of Human Rights
Citation: Application No. 15576/89
Health Topics: Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life
Cruz Varas (C V) , his wife and son (all Chilean nationals) had applied for political asylum but the National Immigration Board held that, from the information given, they had not invoked sufficiently strong reasons to be considered as refugees under national or international law and that they should be expelled. In an unsuccessful appeal …Read more
Case 37/1989
Country: SpainYear: 1989
Court: Supreme Court
Citation: Spanish Constitutional Court Courtroom 1st, S 15-2-1989, No.37/1989, Spanish Official Bulletin 52/1989, March 2, 1989, rec 235/1989
Health Topics: Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
On November 5 1986, the Court of First Instance and Preliminary Investigations No. 10 of Malaga ordered the search of a medical clinic where criminal actions (specifically, the administration of abortions) were allegedly taking place. In so doing, information regarding the medical history of Ms. Ximena’s (the appellant) was recorded. On November 21, 1986, the …Read more
Soering v. United Kingdom
Country: United KingdomYear: 1989
Court: European Court of Human Rights
Citation: 161 Eur. Ct. H.R. (ser. A) (1989)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Jens Soering was a German national who came to the United States to study at the University of Virginia. While there, he became friends with Elizabeth Haysom, a Canadian national. Haysom’s parents did not approve of Soering and Haysom’s relationship. In March 1985 the couple made plans to kill Haysom’s parents. They rented a car …Read more