Case 0074/2010-R
Country: BoliviaYear: 2010
Court: Constitutional Court [Tribunal Constitucional]
Citation: SC 0074/2010-R, Sucre, May 3, 2010.
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom of movement and residence, Right to health, Right to liberty and security of person, Right to life
This case was an appeal of a petition for a writ of habeas corpus brought by the claimant, Eusebio Alejandro Soto, against Marcelo Cuellar Crespo, director of the San Juan de Dios Municipal Public Hospital. The claimant brought the petition against the hospital when he was detained there for failure to pay for his treatment …Read more
Case 2009-69-03
Country: LatviaYear: 2010
Court: Constitutional Court (Latvijas Republikas Satversmes tiesa)
Citation: Case No. 2009-69-03
Health Topics: Diet and nutrition, Prisons
Human Rights: Right to health
The claimants, two prisoners, alleged a violation of their constitutional rights under Article 111 of the Constitution of the Republic of Latvia (the “Constitution”) based on the failure of the Government to provide adequate diet and nutrition to protect their right to health. In 2006, the Cabinet of Ministers of the Republic of Latvia (the …Read more
Daniel Nge’tich v. Attorney General of Kenya
Country: KenyaYear: 2010
Court: High Court of Kenya at Eldoret
Citation: Petition No. 3 of 2010
Health Topics: Hospitals, Infectious diseases, Prisons
Human Rights: Freedom of movement and residence, Right to liberty and security of person
The Petitioners suffered from tuberculosis. Pursuant to the Public Health Act, the Nandi Central District Tuberculosis Defaulter Tracing Coordinator ordered their detention in prison for eight months. The Petitioners claimed their detention violated their rights to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair, and to freedom of movement under articles 47(1) …Read more
Gladkiy v. Russia
Country: RussiaYear: 2010
Court: European Court of Human Rights
Citation: Gladkiy v. Russia, App. No. 3242/03, Eur. Ct. H.R. (2010).
Health Topics: Health care and health services, Health systems and financing, Infectious diseases, Medicines, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The applicant, a Russian citizen convicted of a criminal offense, was sent to a prison facility, where, upon arrival, he underwent a fluorography test that showed no symptoms a tuberculosis (TB) infection. Six months later, a follow-up fluorography examination revealed the existence of TB in the applicant’s left lung. Authorities transferred the applicant to the …Read more
Gomes Lund, et al. (Araguaia Guerrilla) v. Brazil
Country: BrazilYear: 2010
Court: Inter-American Court of Human Rights
Citation: Series C No. 219
Health Topics: Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right to due process/fair trial, Right to liberty and security of person
On 26 March 2009, the IACmHR submitted to the IACtHR a lawsuit against Brazil, which originated in a petition filed on 7 August 1995 by the Center for Justice and International Law (CEJIL) and Human Rights Watch/Americas. The underlying claims concerned Brazil’s alleged responsibility for the arbitrary detention, torture and forced disappearance of 70 people, …Read more
Hajol v. Poland
Country: PolandYear: 2010
Court: European Court of Human Rights
Citation: Hajol v. Poland, Application No. 1127/06, Eur. Ct. H.R. (2010).
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 liberty and security of person
The applicant, Pawel Hajol, had been suffering from several illnesses including diabetes, arterial hypertension, and cirrhosis of the liver when he was arrested in 2004 for attempting to influence a trial during the exercise of his function as a prosecutor. The District Court of Krakow placed the applicant in provisional detention while authorities gathered evidence. …Read more
Kayankin v. Russia
Country: RussiaYear: 2010
Court: European Court of Human Rights
Citation: Kayankin v. Russia, App. No. 24427/02, Eur. Ct. H.R. (2010).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medical malpractice, Mental health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The applicant, a Russian citizen, appeared before a military medical commission for a preliminary health assessment prior to being drafted to the Russian military. The commission diagnosed the applicant with hypotrophy of unknown genesis and declared him temporarily unfit to serve in the military. Six months later, the commission reexamined the applicant and found him …Read more
Kozhokar v. Russia
Country: RussiaYear: 2010
Court: The European Court of Human Rights
Citation: Application no. 33099/08, ECHR 2010
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
This case is about the conditions of the applicant’s detention and the sufficiency of his medical care while he was detained in remand centre no. IZ-71/1 and correctional colony no. 7 in the Tula region of the Russian Federation. On 18 October 2006, the applicant, a Russian national, was arrested for drug trafficking. He was …Read more
McCallum v. South Africa
Country: South AfricaYear: 2010
Court: United Nations Human Rights Committee
Citation: Communication No. 1818/2008; U.N. Doc. CCPR/C/100/D/1818/2008
Health Topics: Health care and health services, HIV/AIDS, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Bradley McCallum, a detainee at a maximum correctional facility in South Africa, claimed to be a victim of violations of articles 7 and 10 of the International on Civil and Political Rights (“Covenant”). In particular, McCallum alleged that he was physically abused, raped, and subject to other ill treatment by South African prison authorities during …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