204 judgments found.

Tracy Lee Housel v. United States

Country: United States
Year: 2004
Court: Inter-American Commission on Human Rights
Citation: Report No. 16/04, Petition 129/02, February 27, 2004; OEA/Ser.L/V/II.122, Doc. 5 rev. 1 at 504, 23 February 2005
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 health, Right to liberty and security of person, Right to life
Facts:

This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners were Barristers with Tooks Court, London, a Solicitor with Lovells, London, and representatives of the Federal Defender Program, Atlanta, Georgia. Tracy Lee Housel …Read more

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Custody, Detainee, Detention, Execution, Imprisonment, Incarceration, Inmate, Mental disability, Mental disorder, Mental illness, Torture
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Ali Aqsar Bakhtiyari & Roqaiha Bakhtiyari v. Australia

Country: Australia
Year: 2003
Court: United Nations Human Rights Committee
Citation: U.N. Doc. CCPR/C/ 79/D/1069/2002 (Nov. 6, 2003).
Health Topics: Child and adolescent health, Mental health
Human Rights: Freedom from discrimination, Right to family life, Right to liberty and security of person
Facts:

The Bakhtiyaris, Afghani nationals, had illegally entered Australia and had been detained in a detention center. Two of the children were released into the hands of Adelaide caretakers where they remained. The Bakhtiyari family subsequently filed a complaint that their prolonged detention violated article 9 (1) (right to liberty and security of person) of the …Read more

Tags: Child development, Children, Depression, Detention, Law enforcement, Mental disorder, Mental illness, Minor
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Aliev v. Ukraine

Country: Ukraine
Year: 2003
Court: The European Court of Human Rights
Citation: Application No. 41220/98
Health Topics: Diet and nutrition, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life
Facts:

The applicant was arrested and detained in Krasnodar, Russia and was transferred to a detention facility. The applicant was convicted of conspiring and carrying out organized crime, aiding and abetting and attempting murder. He was sentence to death by the Criminal Division of the Supreme Court. On the same day he was moved to cells …Read more

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Examination, Execution, Humiliating treatment, Imprisonment, Inhuman treatment, Inmate, Jail, Prison conditions, Solitary confinement
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De’Lonta v. Angelone

Country: United States
Year: 2003
Court: 4th Circuit Court of Appeal
Citation: 330 F.3d 630 (2003)
Health Topics: Health care and health services, Medicines, Prisons, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The Appellant, Ophelia Azriel De’lonta (born Michael A. Stokes), a Virginia inmate suffering from gender identity disorder (GID) (also known as gender dysphoria or transsexualism), brought suit against the Respondents, the Director of and doctors at the Virginia Department of Corrections (VDOC), alleging that they inflicted cruel and unusual punishment on her, in violation of …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Detention, Gender identity, Hormone therapy, Imprisonment, Incarceration, Inmate, Intersex, Jail, Pharmaceuticals, Secondary care, Sex reassignment, Tertiary care, Torture, Transgender, Transsexual
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McGlinchey and Ors. v. United Kingdom

Country: United Kingdom
Year: 2003
Court: European Court of Human Rights
Citation: McGlinchey v. U.K., App. No. 50390/99, 37 EHRR 41 (2003).
Health Topics: Controlled substances, Health care and health services, Health systems and financing, Medicines, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

Applicants, family members of an individual addicted to heroin who died in prison, alleged that the State violated Articles 3 (freedom from torture or to inhuman or degrading treatment or punishment) and 13 (right to effective remedy) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) because the prisoner, Ms. …Read more

Tags: Access to drugs, Access to treatment, Addiction, Criminalization, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug abuse, Drug use, Heroin, IDUs, Imprisonment, Incarceration, Inhuman treatment, Injecting drug users, Inmate, Jail, People who use drugs, Rehabilitation, Substance abuse
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Mouisel v. France

Country: France
Year: 2003
Court: European Court of Human Rights
Citation: App. No. 67263/01, 38 Eur. H.R. Rep. 34 (2004).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Applicant, a prisoner serving a 15-year sentence, alleged that France violated his Article 3 rights against inhuman treatment when his appeals for pardon on the grounds of suffering form a worsening state of leukemia were denied. Medical reports showed that Mouisel had leukemia and that the disease continued to worsen. However, Mouisel’s application to the …Read more

Tags: Access to health care, Access to treatment, Cancer, Cruel treatment, Custody, Degrading treatment, Detention, Imprisonment, Incarceration, Inhuman treatment, Inmate, Leukemia, Secondary care, Tertiary care, Torture
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Sanjeewa, Attorney-at-Law (on behalf of Gerald Mervin Perera) v. Suraweera, Officer-in-Charge, Police Station and Others

Country: Sri Lanka
Year: 2003
Court: Supreme Court
Citation: S.C. No. 328/2002 (FR)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The Petitioner was arrested by the police on the mistaken identity as one “Gerrad” who was suspected of having committed a murder. The first Respondent was the Officer-in-charge of the police station while the others were subordinate officers and the 8th Respondent was the Inspector-General of Police. The Petitioner had been taken to the Wattala …Read more

Tags: Abuse, Access to health care, Access to treatment, Compensation, Cruel treatment, Custody, Detainee, Detention, Emergency care, Health facilities, Inhuman treatment, Police, Private hospitals, Reimbursement
Download Judgment: English

Smith v. Carpenter

Country: United States
Year: 2003
Court: 2nd Circuit Court of Appeal
Citation: 316 F.3d 178 (2003)
Health Topics: Health care and health services, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Plaintiff filed suit alleging that Defendants deprived him of HIV medication on two occasions during his incarceration at the Camp Pharsalia Correctional Facility. The first deprivation occurred in October 1998 and lasted seven days, resulting from a delay in refilling Plaintiff’s prescriptions. The second occurred in January 1999, when Plaintiff’s medication was confiscated during a …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Cruel and unusual punishment, Cruel treatment, Custody, Detention, First-line treatment, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, People living with HIV/AIDS, PLHIV, Second-line treatment
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Stanfield v. The Minister of Correctional Services et al.

Country: South Africa
Year: 2003
Court: High Court - Cape of Good Hope Provincial Division
Citation: [2003] ZAWCHC 46
Health Topics: Chronic and noncommunicable diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

While serving a six-year sentence in prison, Stanfield was diagnosed with lung cancer.  Prior to this diagnosis he had already suffered from advanced coronary disease.  The lung cancer required treatment with chemotherapy for three consecutive days every twenty-one days over a period of at least six months. In light of his medical condition, Stanfield sought …Read more

Tags: Cancer, Custody, Detainee, Detention, Imprisonment, Incarceration, Jail, Lung disease, Noncommunicable diseases
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Y.F. v. Turkey

Country: Turkey
Year: 2003
Court: European Court of Human Rights
Citation: Application No. 24209/94; (2003) 39 EHRR 715; [2003] ECHR 391
Health Topics: Informed consent, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to privacy
Facts:

YF was a Turkish national. On 15 October 1993, he was taken into custody on suspicion of aiding and abetting the Kurdish Workers Party (PKK), an illegal terrorist organization. Two days later, his wife, NF, was also taken into custody. NF was held in custody for four days, during which time she was allegedly kept …Read more

Tags: Abuse, Compulsory examination, Custody, Degrading treatment, Detainee, Detention, Forced examination, Humiliating treatment, Informed choice, Involuntary examination, Law enforcement, Mandatory examination, Patient choice, Police, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Torture, Violence against women
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