51 judgments found.

Walter Obodzinsky, et al. v. Canada

Country: Canada
Year: 2007
Court: United Nations Human Rights Committee
Citation: Communication No. 1124/2002, U.N. Doc. CCPR/C/89/D/1124/2002 (2007)
Health Topics: Aging, Chronic and noncommunicable diseases
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to acquire nationality, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to privacy
Facts:

The author, an elderly Canadian national in poor health, alleged that citizenship revocation proceedings against him violated his rights under articles 6, 7, 9, 14, and 17 of the International Covenant on Civil and Political Rights (the “Covenant”). The author was a Polish national who came to Canada in 1946 under a government order where …Read more

Tags: Aged persons, Cruel treatment, Degrading treatment, Elderly, Heart disease, Humiliating treatment, Immigration, Inhuman treatment, Older persons, Senior citizens, Torture
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Afdeling Bestuursrechtspraak van de Raad van State [Administrative Jurisdiction of the Council of State], 11 October 2006, nr200600633/1, LJN:AY9897

Country: Netherlands
Year: 2006
Court: Afdeling bestuursrechtspraak van de Raad van State (Administrative Jurisdiction Department of the Council of State)
Citation: 11 October 2006, nr200600633/1, LJN:AY9897
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Medicines, Public safety, Sexual and reproductive health
Facts:

According to the Benefit Entitlement Act (“BEA”), health care providers who offer medically necessary care to illegal immigrants must be compensated for their expenses. To achieve this, the BEA increased the budget of the Ministry of Health, Welfare and Sports (“the Ministry”). Instead of managing the compensation fund itself, the Ministry appointed the Foundation Koppeling …Read more

Tags: Access to health care, Access to treatment, Asylum, Childbirth, Emergency care, Health expenditures, Health funding, Health spending, Immigrants, Immigration, Indigent, Pediatric health, Poor, Pregnancy, Refugees, Reimbursement, Subsidies, Threat of violence, Underprivileged, Vaccination
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Applicant v. The Central Agency for the Reception of Asylum Seekers [Rechtbank’s Gravenhage, zittingplaats Amsterdam [District Court of Gravenhage, sitting at Amsterdam], 25 August 2006, LJN:AZ2923]

Country: Netherlands
Year: 2006
Court: District Court of Gravenhage
Citation: LJN:AZ2923
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Mental health, Poverty
Human Rights: Right to health, Right to housing
Facts:

The Applicant was a multi-handicapped child suffering from “Down Syndrome, a congenital heart defect and a delayed thyroid disorder”. He was being treated for his condition and, in the absence of treatment, it was expected that his physical and mental condition would deteriorate.  Applicant had applied for a grant of residence, which was denied by …Read more

Tags: Access to health care, Access to treatment, Asylum, Child development, Children, Disabled, Handicapped, Immigration, Infant health, Mental disability, Mental retardation, Migrants, Minor, Pediatric health, Physically challenged, Poor, Underprivileged
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Covarrubias v Canada (Minister of Citizenship and Immigration)

Country: Canada
Year: 2006
Court: The Federal Court of Appeal
Citation: 2006 FCA 365
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom of movement and residence, Right to health, Right to life
Facts:

The appellants were Mexican citizens who arrived in Canada and made a claim for refugee protection. Before their claim was heard, the male appellant was diagnosed with end-stage renal failure and was immediately put on life-sustaining hemodialysis treatment. The Immigration and Refugee Board (‘Board’) denied their claim for refugee protection. Among other findings, the Board …Read more

Tags: Access to health care, Access to treatment, Budget, Examination, Health care technology, Health expenditures, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Immigrants, Immigration, Indigent, Kidney disease, Low income, Noncommunicable diseases, Out-of-pocket expenditures, Poor, Refugees, Testing, Underprivileged
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Fornah v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2006
Court: House of Lords
Citation: [2006] UKHL 46, [2007] 1 AC 412
Health Topics: Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The House of Lords tried two asylum appeals together in this case: Secretary of State for the Home Department v. K (FC), and Fornah (FC) v. Secretary of State for the Home Department. The second case involved Fornah, a 15-year old girl from Sierra Leone who sought asylum in the United Kingdom on the grounds …Read more

Tags: Asylum, Female genital mutilation, Immigration, Migrants, Refugees, Sexual violence, Violence against women
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R (on the application of Al Rawi and Ors.) v. Secretary of State for Foreign and Commonwealh Affairs

Country: United Kingdom
Year: 2006
Court: Supreme Court of Judicature, Queen's Bench Division, Divisional Court
Citation: [2006] EWHC 972 (Admin)
Health Topics: Diet and nutrition, Mental health, Prisons, Public safety, Violence
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:

The claimants were three men detained in Guantanamo Bay prison and their families. None of the claimants were British nationals, but each had been a long-term resident of the United Kingdom and two had family members who were UK citizens. Two of the claimants were refugees who has received asylum in the UK. Whilst in …Read more

Tags: Abuse, Armed conflict, Asylum, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Depression, Detainee, Detention, Humiliating treatment, Hunger strike, Immigration, Inhuman treatment, Jail, Migrants, Military, Prison conditions, Refugees, Sexual abuse, Solitary confinement, Terrorism, Threat of violence, Torture
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Dbeis and Ors. v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2005
Court: Court of Appeal, Civil Division
Citation: [2005] All ER (D) 283 (May); [2005] EWCA Civ 584
Health Topics: Chronic and noncommunicable diseases, Health care and health services
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to education, Right to family life
Facts:

The case was brought by a Lebanese citizen who had come to the UK in order to seek asylum for herself and her two children on the basis of persecution for her religious beliefs. Her claim for asylum on this ground was rejected, but she challenged her removal on the basis that removal would result …Read more

Tags: Access to health care, Access to treatment, Degrading treatment, Immigration, Indigent, Inhuman treatment, Migrants, Noncommunicable diseases, Poor, Underprivileged
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DW v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2005
Court: Asylum and Immigration Tribunal
Citation: [2005] UKAIT 00168
Health Topics: HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence
Facts:

DW was a Jamaican citizen who sought asylum in the United Kingdom. He claimed to have been persecuted in Jamaica on the basis of his sexual orientation. He recounted two instances of being assaulted on the basis of being a homosexual. DW feared reporting these incidences to the police because he believed that they would …Read more

Tags: Assault, Asylum, Degrading treatment, Gay, HIV, Homosexual, Immigration, Inhuman treatment, Law enforcement, LGBTI, Migrants, Police, Queer, Refugees, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs
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J v. Secretary of State for the Home Department

Country:
Year: 2005
Court: Court of Appeal (Civil Division)
Citation: [2005] EWCA Civ 629
Health Topics: Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to life, Right to privacy
Facts:

The appellant, J, is an ethnically Tamil citizen of Sri Lanka. While living in Sri Lanka, J was captured by, and forced to work for, a militant group called the Liberation Tigers of Tamil Eelam (“LTTE”) between 1991 and 1993. The LTTE released him in 1993. In 1995, J was detained, interrogated, and tortured by the …Read more

Tags: Asylum, Community-based care, Compulsory commitment, Cruel treatment, Degrading treatment, Depression, Humiliating treatment, Immigration, Inhuman treatment, Involuntary commitment, Mandatory commitment, Mental disorder, Mental health, Mental illness, Mental institution, Military, Militias, Paranoia, Psychiatry, Suicide, Terrorism, Torture, Trauma
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