121 judgments found.

Daniel David Tibi v. Ecuador

Country: Ecuador
Year: 2004
Court: Inter-American Court of Human Rights
Citation: Series C No. 114, September 7, 2004
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy, Right to property
Facts:

Daniel Tibi was a gem merchant who was arrested in 1995 while he was driving his car down a street in Quito, Ecuador. He was detained by officers of the Quito police force without a court order and taken by plane to the city of Guayaquil, 600 kilometers from Quito, where he was placed in …Read more

Tags: Abuse, Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Depression, Detainee, Detention, Forced disappearance, Humiliating treatment, Immigration, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Law enforcement, Migrants, Police, Torture
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De la Cruz-Flores v. Peru

Country: Peru
Year: 2004
Court: Inter-American Court of Human Rights
Citation: De la Cruz-Flores v. Peru. Merits, Reparations, and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 115 (Nov. 18, 2004).
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person
Facts:

Physician María Teresa De La Cruz Flores was detained on March 27, 1996, and charged with terrorism for providing medical services to members of Sendero Luminoso, a guerrilla group in Peru. She was prosecuted before a secret (“faceless”) judge and sentenced on November 21, 1996, to 20 years in prison under a provision that seven …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Depression, Detention, Health care professionals, Health care workers, Humiliating treatment, Imprisonment, Inhuman treatment, Militias, Prison conditions, Torture
Download Judgment: English

Institute for Human Rights and Development in Africa v. Guinea

Country: Guinea
Year: 2004
Court: African Commission on Human and Peoples' Rights
Citation: Inst. for H.R. & Dev. in Afr. v. Guinea, Afr. Comm’n Human & Peoples’ Rights, Comm. No. 249/02 (2004).
Health Topics: Disasters and emergencies, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to life, Right to property
Facts:

A human rights organization acting on behalf of Sierra Leonean refugees alleged that a national radio address of Guinean President Lasana Conté directing Guinean authorities to arrest, search and confine Sierra Leonean refugees to refugee camps incited soldiers and civilians to engage in attacks that violated provisions of the African Charter on Human and Peoples’ …Read more

Tags: Armed conflict, Assault, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Forced displacement, Humanitarian crisis, Humiliating treatment, Inhuman treatment, Military, Rape, Refugees, Sexual abuse, Sexual assault, Sexual violence, Torture, Violence against women
Download Judgment: English

J.A.O. v. Homepark Caterers LTD, et al.

Country: Kenya
Year: 2004
Court: High Court at Nairobi
Citation: J.A.O v. Homepark Caterers LTD & 2 Ors., (2004) eKLR (Kenya).
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Plaintiff, J.A.O., was a woman living with HIV. The Defendants were her employer (Homepark Caterers), her doctor and hospital. The Plaintiff claimed the doctor and hospital subjected her to an HIV test without her consent, in violation of her constitutional right to privacy. She further claimed that the doctor disclosed her HIV status to her employer without …Read more

Tags: AIDS, Confidentiality, Degrading treatment, Diagnostics, Disclosure, Examination, Health care professionals, Health care workers, Health data, Health facilities, Health records, HIV, HIV positive, HIV status, Humiliating treatment, Inhuman treatment, Medical records, Non-disclosure, Notification, People living with HIV/AIDS, PLHIV, Secrecy, Testing
Download Judgment: English

Juvenile Reeducation Institute v. Paraguay

Country: Paraguay
Year: 2004
Court: Inter-American Court of Human Rights
Citation: Preliminary Objections, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 112 (Sept. 2, 2004).
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

Nine inmates died from a fire at juvenile detention center “Colonel Panchito López” Juvenile Reeducation Institute (Center), one inmate died from a bullet wound sustained at the Center, and 37 inmates sustained injuries and smoke inhalation from three fires at the Center. The Center was under the authority of the Ministry of Justice and Labor …Read more

Tags: Abuse, Access to health care, Access to treatment, Addiction, Child development, Children, Cruel treatment, Custody, Degrading treatment, Depression, Drug abuse, Drug use, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Minor, Prison conditions, Torture
Download Judgment: English

Odafe and Others v. Attorney-General and Others

Country: Nigeria
Year: 2004
Court: High Court, Port Harcourt Division
Citation: Suit No. FHC/PH/CS/680/2003; (2004) AHRLR 205 (NgHC 2004) 
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 due process/fair trial, Right to health, Right to life
Facts:

The Applicants were detainees living with HIV. They had been awaiting trial for up to four years. The Applicants claimed that their continuous detention and segregation from the general prison population was a violation of their rights to dignity of the human person and freedom from discrimination in sections 34(1)(a) and 42(1) of the Constitution. …Read more

Tags: Access to health care, Access to treatment, AIDS, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
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Secretary of State for the Home Department v. Wayoka Limbuela and Ors.

Country: United Kingdom
Year: 2004
Court: Court of Appeal, Civil Division
Citation: [2004] EWCA Civ 540
Health Topics: Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to housing, Right to social security
Facts:

This case concerned what level of destitute asylum seekers must have reached before their condition signified a violation of Article 3 of the European Convention on Human Rights and Fundamental Freedoms (“Convention”), which prohibits torture and cruel or inhuman or degrading treatment. A violation of Article 3 required the Secretary of State for the Home …Read more

Tags: Access to health care, Access to treatment, Asylum, Degrading treatment, Health expenditures, Health funding, Humiliating treatment, Immigrants, Immigration, Indigent, Inhuman treatment, Migrants, Poor, Refugees, Social security, Underprivileged
Download Judgment: English

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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Diau v. Botswana Building Society

Country: Botswana
Year: 2003
Court: Industrial Court
Citation: Case No. IC 50/2003
Health Topics: HIV/AIDS, Informed consent
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to work
Facts:

D was offered employment by B, a building society, as a security officer, subjecting her to undergoing and passing a full medical examination, including submission of certified documentation as to her HIV status. D began a six month probationary period which finished on 27 August 2002. After some reflection D informed B on 7 October …Read more

Tags: Compulsory examination, Compulsory testing, Employment, Forced examination, HIV, HIV status, Humiliating treatment, Informed choice, Mandatory examination, Mandatory testing, Non-consensual testing and treatment
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Purohit and Moore v. The Gambia

Country: The Gambia
Year: 2003
Court: African Commission on Human and Peoples' Rights
Citation: Communication No. 241/2001
Health Topics: Informed consent, Mental health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

Complainants P and M were mental health advocates, who brought the complaint on behalf of patients detained at Campama, a psychiatric unit of the Royal Victoria Hospital, and existing and future mental health patients detained under the Mental Health Acts of the Republic of The Gambia. Complainants alleged that legislation governing mental health in The …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory treatment, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Forced treatment, Humiliating treatment, Insanity, Involuntary commitment, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Mental institution
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