159 judgments found.

Attorney General, et al. v. Dickson Tapela, et al.

Country: Botswana
Year: 2015
Court: Court of Appeal of the Republic of Botswana at Gaborone
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

Case 1: Tapela and Piye, two Zimbabwean nationals imprisoned in Botswana, both contracted HIV in prison. They were refused antiretroviral treatment for their condition based on a internal directive issued by the national government to all public medical institutions and personnel on March 26, 2004, indicating that testing, assessment, and treatment with antiretroviral and highly active …Read more

Tags: Access to health care, Access to treatment, AIDS, Detainee, Detention, Diagnostics, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Jail, Law enforcement, People living with HIV/AIDS, Testing
Download Judgment: English

Giorgini v. Italy

Country: Italy
Year: 2015
Court: The European Court of Human Rights
Citation: Application No. 20034/11
Health Topics: Aging, Chronic and noncommunicable diseases, Hospitals, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Ms. Ebe Gigliola Giorgini, the applicant, is an Italian national who was born in 1933. In 2008, the applicant was convicted by the District Court for a number of different offenses, including criminal association, aggravated fraud, and ill-treatment. In 2010, the applicant underwent a second set of criminal proceedings. On June 9, 2010, the Pistoia …Read more

Tags: Aged persons, Degrading treatment, Detainee, Detention, Elderly, Health facilities, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Older persons, Prison conditions
Download Judgment: English

Kanthasamy v Canada (Citizenship and Immigration)

Country: Canada
Year: 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
Facts:

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

Tags: Abuse, Access to healthcare, Access to treatment, Armed conflict, Assault, Asylum, Child development, Children, Custody, Depression, Detainee, Detention, Humanitarian crisis, Immigrants, Immigration, Law enforcement, Manmade disaster, Mental disorder, Mental illness, Migrants, Military, Minor, Police, Psychology, Refugees, Trauma
Download Judgment: English

Monim Elgak, Osman Hummeida and Amir Suliman v Sudan

Country: Sudan
Year: 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
Facts:

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

Tags: Abuse, Access to health care, Access to treatment, Assault, Bullying, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Heart diseases, Imprisonment, Inhuman treatment, Law enforcement, Torture
Download Judgment: English

Amirov v. Russia

Country: Russia
Year: 2014
Court: The European Court of Human Rights
Citation: [2014] EHCR 51857/13
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health
Facts:

Amirov is a local politician who was arrested and charged in June 2013 with attempted murder, attempting to organize a terrorist attack, and related charges. Amirov was paralyzed in 1993 and requires constant medical care.   Amirov argued that he should not be detained pending trial because of his poor health, age and position in the …Read more

Tags: Access to health care, Access to treatment Health facilities, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diabetes, Handicapped, heart disease neurological diseases, Hepatitis, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Kidney disease, Noncommunicable diseases, Physically challenged, Prison conditions
Download Judgment: English

M.H. v. United Kingdom

Country: United Kingdom
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 11577/06
Health Topics: Mental health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant was severely disabled as a result of Down’s Syndrome. The applicant lived with her mother, her nearest relative. She often exhibited difficult behavior and towards the end of 2002 social workers had become extremely concerned about the impact on the physical and mental health of the applicant and her mother. On 31 January …Read more

Tags: Compulsory commitment, Detainee, Detention, Incapacity, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry
Download Judgment: English

Shatrughan Chauhan and another v. Union of India and others

Country: India
Year: 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
Facts:

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

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detainee, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Insanity, Isolation, Jail, Mental competence, Mental disability, Mental disorder, Mental illness, Psychiatry, Psychology, Schizophrenia, Solitary confinement, Torture
Download Judgment: English

Tali v. Estonia

Country: Estonia
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 66393/10; [2014] ECHR 294
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Mr. Tali, an Estonian sentenced to life in prison, claimed he was subjected to inhuman and degrading treatment contrary to Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). On July 3 2009, Tali was told he would be taken to a punishment cell. The guards used defensive equipment …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Jail
Download Judgment: English

Tapela, et al. v. Attorney General, et al.

Country: Botswana
Year: 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
Facts:

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

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, ARVs, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Health expenditures, HIV, HIV positive, Imprisonment, Incarceration, Inhuman treatment, Inmate, People living with HIV/AIDS, PLHIV, TB, Transmission, Tuberculosis
Download Judgment: English

Valetov v. Kazakhstan

Country: Kazakhstan
Year: 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
Facts:

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

Tags: Abuse, Access to health care, Asylum, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Examination, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Rape, TB, Torture, Tuberculosis
Download Judgment: English