M.M.M. v. Australia
Country: AustraliaYear: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2136/2012, CCPR/C/108/D/2136/2012
Health Topics: Health care and health services, Mental health, 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 authors, nine persons held in Australian immigration detention facilities, alleged violations of various articles (named below) of the International Covenant on Civil and Political Rights (the “Covenant”). The authors had different backgrounds. Two were Myanmarese citizens, six were Sri Lankan citizens, and one was a Kuwaiti citizen. They all entered Australian territorial waters on …Read more
Centre for Addiction and Mental Health v. Ontario
Country: CanadaYear: 2012
Court: Ontario Court of Appeal
Citation: 2012 ONCA 342
Health Topics: Hospitals, Informed consent, Mental health, Prisons
Human Rights: Right to liberty and security of person
The Centre for Addition and Mental Health (CAMH) and the Mental Health Centre Penetanguichene (MHCP)appealed an order by the Mental Disorder Court to send a person accused of sexual assault to a hospital for psychiatric treatment. The judge knew that beds for treatment would not be available until six days later. The appeal was on …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
Municipality of Caxias do Sul v. Vinícius Carpeggiani
Country: BrazilYear: 2011
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Municipality of Caxias do Sul v. Vinícius Carpeggiani, AI 797349/RS, Supremo Tribunal Federal [Federal Supreme Court] (2011).
Health Topics: Health care and health services, Medicines, Mental health, Poverty
Human Rights: Right to health, Right to life
The Municipality of Caxias do Sul filed an extraordinary appeal against the decision of the lower court, which had found that the federal, state and municipal governments possessed joint liability to provide medications free of charge, for the treatment of serious disease, to those deemed to be financially needy, in order to abide by the …Read more
T. P. F. (represented by the Centre for Reproductive Rights and the Centre for the Promotion and Protection of Sexual and Reproductive Rights) v. Peru
Country: PeruYear: 2011
Court: Committee on the Elimination of Discrimination against Women
Citation: Communication No. 22/2009
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to life
This claim was brought on behalf of the injured by her mother, who asserted that the failure of the Peruvian health system to ensure access to essential services for women, in this case therapeutic abortion, compromises its obligations under the Convention on the Elimination of All Forms of Discrimination against Women, entered into force in …Read more
A, B and C v. Ireland
Country: IrelandYear: 2010
Court: European Court of Human Rights
Citation: A, B, and C v. Ir., App. No. 25579/05, Eur. Ct. H.R. 2032 (2010).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy
Three applicants, two Irish nationals and one Lithuanian national, travelled to the United Kingdom in 2005 to have an abortion, each applicant believing they were not entitled to an abortion in Ireland. The first applicant decided to have an abortion to avoid jeopardizing her chances of reuniting her four previous children who were in foster …Read more
Carl Peter Erdliner v. Government of Rwanda
Country: RwandaYear: 2010
Court: High Court at Kigali
Citation: Case N° RPA 0646/10/HC/KIG
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Mental health, Prisons
Human Rights: Freedom of expression, Right to due process/fair trial, Right to health
The appellant brought this appeal of a decision by the GASABO Intermediate Court that ordered his pre-trial detention for thirty days. The appellant appealed on multiple procedural grounds and also alleged that the lower court failed to properly appreciate the impact of his medical condition in determining whether pre-trial detention was appropriate. The Prosecution alleged …Read more
Case AI 826577/RS
Country: BrazilYear: 2010
Court: Federal Supreme Court
Citation: AI 826577/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics: Health care and health services, Medicines, Mental health, Poverty
Human Rights: Right to health, Right to life
The Court of Justice found that the State of Rio Grande do Sul was responsible for providing medications, free of charge, to those who need them but are unable to afford them. In accordance with in accordance with Article 196 (right to health) and 23 (state and federal governments’ obligations to provide for health and …Read more
Mwamba v. Zambia
Country: ZambiaYear: 2010
Court: African Commission on Human and Peoples’ Rights
Citation: (2010) AHRLR 32 (HRC 2010)
Health Topics: Mental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to life
Mr. Mwamba was a Zambian national on death row awaiting review of his appeal by the Supreme Court of Zambia. Mr. Mwamba was previously a high ranking police officer before he was arrested and detained on suspicion of murder, attempted murder, and aggravated robbery. During his initial detention in 1999, Mr. Mwamba was allegedly subjected to …Read more
Penafiel Parraga v. Ecuador
Country: EcuadorYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 73/09, Petition 4392-02, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Mental health, Prisons
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person
This report addresses the admissibility of a petition that alleged Ecuador failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including the right to humane treatment. Wellington Geovanny Peñafiel Parraga was a former National Police officer who suffered psychological distress allegedly as a result of treatment he received during a …Read more