Kemai & 9 Others v. Attorney General of Kenya & 3 Others
Country: KenyaYear: 2000
Court: High Court at Nairobi
Citation: Civil Case 238 of 1999; (2005) AHRLR 118 (KeHC 2000)
Health Topics: Diet and nutrition, Environmental health
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to a clean environment, Right to life, Right to property, Right to work
This case was brought to the Court by members of the Ogiek community who sought a declaration that their forcible eviction from the Tinet Forest by the Kenyan government was unconstitutional. The applicants claimed that the eviction was in contravention of their rights to protection of the law, their right to life, their right to …Read more
Taito Rarasea v. State
Country: FijiYear: 2000
Court: High Court
Citation: Criminal Appeal No HAA0027.2000, unreported; (2000) 3 CHRLD 126
Health Topics: Disabilities, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to food
R was sentenced to six months’ imprisonment by the Chief Magistrate for the offence of escaping from lawful custody contrary to s 138 of the Penal Code Cap 17. In addition the Commissioner of Prisons imposed sanctions on R for the escape under the Prisons Act Cap 86, ss 83(1)A(i) and (vi) and paras 123(3) …Read more
Advocate Prakash Mani Sharma v. Government of Nepal and Others
Country: NepalYear: 1999
Court: Supreme Court
Citation: Writ No.064 WO 0230
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Under Article 20(2) of the Interim Constitution 2063 in Nepal, every woman in Nepal had the fundamental right to reproductive health. However, there were no effective health services addressing the issue of uterine prolapse, a serious ailment affecting nearly 600,000 women in Nepal. The Petitioners, among others, Pro-Public, an organization working in the area of …Read more
Enxet-Lamenxay & Kayleyphapopyet (Riachito) v. Paraguay
Country: ParaguayYear: 1999
Court: Inter-American Commission on Human Rights
Citation: Case 11.713, Inter-Am. Comm’n H.R., Report No. 90/99, OEA/Ser.L/V/II.106Doc. 6 rev. (1999).
Health Topics: Diet and nutrition, Health care and health services, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to property, Rights to the benefits of culture
In 1991, representatives of the indigenous Enxet-Lamenxay and Kayleyphapopyet-Riachito communities commenced administrative proceedings against the Government of Paraguay to recover what they claimed was ancestral land that Paraguay had largely sold to foreigners in the years between 1885 and 1950. The petitioners described the land as “their main sustenance came from hunting, fishing, and gathering.” The …Read more
India – Patent Protection for Pharmaceutical and Agricultural Chemical Products
Country: IndiaYear: 1998
Court: World Trade Organization
Citation: WT/DS79/R
Health Topics: Diet and nutrition, Medicines
The European Communities (EC) raised issue with India’s efforts to comply with Articles 70.8 and 70.9 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) due to the alleged absence of adequate patent protection for pharmaceutical and agricultural chemical products. Prior to this case, a panel decision addressed the situation in respect to …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
Cruzan v. Director
Country: United StatesYear: 1990
Court: Supreme Court
Citation: 497 U.S. 261 (1990)
Health Topics: Diet and nutrition, Hospitals, Informed consent
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
In January 1983, Nancy Cruzan lost control of her car, which overturned. Found unconscious, she remained in a coma for three weeks, and eventually her condition progressed into what was termed a “persistent vegetative state,” where there are motor reflexes but no signs of cognition. She was able to survive when fed and hydrated artificially, …Read more
Chief Bernard Ominayak, et al. v. Canada
Country: CanadaYear: 1984
Court: United Nations Human Rights Committee
Citation: Communication No. 167/1984: U.N. Doc. CCPR/C/38/D/167/1984 (1990)
Health Topics: Controlled substances, Diet and nutrition, Environmental health, Infectious diseases, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to a clean environment, Right to due process/fair trial, Right to family life, Rights to the benefits of culture
Chief Bernard Ominayak (the “author”) was the leader and representative of the Lubicon Lake Band (the “Band”), a Cree Indian Band living in the Province of Alberta in Canada. He argued that the State party expropriated Lubicon land for commercial interest despite its recognition that the Band members had the right to continue their traditional …Read more
Ramos v. Lamm
Country: United StatesYear: 1980
Court: 10th Circuit Court of Appeal
Citation: 639 F.2d 559 (1980)
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Right of access to information, Right to due process/fair trial, Right to family life, Right to food, Right to health, Right to privacy
This case was an appeal by the State of Colorado (“Colorado”) and Colorado prison officials, challenging an order from the Colorado Federal District Court directing the State of Colorado to close the maximum security unit of the Colorado State Penitentiary at Canon City (“Old Max”). Inmate Fidel Ramos filed a complaint alleging that the conditions …Read more
X. v. Ireland
Country: IrelandYear: 1970
Court: European Commission on Human Rights
Citation: Application No. 3717/68
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
Applicant, a stateless person with a Swedish alien’s passport, was arrested in Scotland on suspicion of committing murder in Ireland. Applicant was taken to Ireland, convicted of murder, and sentenced to penal servitude for life. Applicant claimed that his trial was “rigged and fixed” as a result of a conspiracy between the judge, his own …Read more