188 judgments found.

N.S. Nenova et al. v Libya

Country: Libya
Year: 2012
Court: Human Rights Committee
Citation: N.S. Nenova et al. v Libya CCPR/C/104/D/1880/2009
Facts:

FACTS All the authors save one who had arrived in 1999, all arrived in Libya between February 1998 and 1999 to work as members of a Bulgarian medical team at al-Fatah paediatric hospital in Benghazi. The authors were arrested by Libyan police & charged with murder on suspicion of having infected 393 children with HIV …Read more

Tags: Cruel treatment, Imprisonment, Inhuman treatment, Inmate, Torture, Unfair trial
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Shchebetov v. Russia

Country: Russia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 21731/02
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant had contracted HIV and Tuberculosis while in prison, and alleged that he was denied adequate medical care in violation of his Article 2 (right to life) and Article 3 (prohibition on torture or inhuman or degrading treatment) rights under the European Convention on Human Rights (“Convention”). In 1997, the applicant was sentenced to …Read more

Tags: Access to health care, Access to treatment, Custody, HIV, HIV positive, Imprisonment, Inmate, Jail, People living with HIV/AIDS, PLHIV, Prison conditions, TB, Transmission, Tuberculosis
Download Judgment: English

Ubamaka Edward Wilson v. Secretary for Security and Another

Country: China
Year: 2012
Court: Court of Final Appeal of the Hong Kong Special Administrative Region
Citation: FACV No. 15 of 2011
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

In 1991, the appellant, a Nigerian national, was arrested at the Hong Kong airport for drug trafficking, and subsequently sentenced to 24 years imprisonment. During this time, he applied several times to the Hong Kong and UK governments to be allowed to serve his sentence in Nigeria.  However, in 1998 he desisted after becoming aware …Read more

Tags: Cruel and treatment, Cruel and unusual punishment, Degrading treatment, Immigrants, Immigration, Imprisonment, Inhuman treatment, Torture
Download Judgment: English

Application of Justice Health, re a Patient

Country: Australia
Year: 2011
Court: Supreme Court of New South Wales
Citation: (2011) 80 NSWLR 354; [2011] NSWSC 432
Health Topics: Chronic and noncommunicable diseases, Informed consent, Prisons
Human Rights: Right to bodily integrity, Right to health
Facts:

An inmate in a correction centre (the “patient”) had end-stage lung cancer with, at best, weeks to live. The patient was incompetent to give consent or refuse any medical treatment and had no guardian who could provide substituted consent. The unanimous medical opinion was that further active treatment would be futile, and additional medical opinion …Read more

Tags: Cancer, Custody, Detainee, Detention, Imprisonment, Incarceration, Informed choice, Inmate, Involuntary treatment, Jail, Non-consensual testing and treatment, Noncommunicable diseases, Patient choice, Unauthorized treatment
Download Judgment: English

Brown v. Plata

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 1910 (2011)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Infectious diseases, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

This case involved an appeal from a decision made by a three-judge court that was convened by the Federal District Court to decide the appropriate remedy for violations of the Eighth Amendment to the United States Constitution. The violations were the subject of two related Federal District Court cases in California: Coleman v. Brown (1990) …Read more

Tags: Access to health care, Access to treatment, Budget, Cleanliness, Cruel and unusual punishment, Custody, Depression, Detainee, Detention, Diabetes, Health care professionals, Health care workers, Health facilities, Heart disease, Imprisonment, Incarceration, Inmate, Jail, Kidney disease, Mental disorder, Mental illness, Noncommunicable diseases, Prison conditions, Psychiatry, Psychology, Psychosis, Suicide, Waste
Download Judgment: English

Chimwemwe Mphembedzu v. The Republic

Country: Malawi
Year: 2011
Court: High Court
Citation: Bail Case No. 70 of 2011
Health Topics: Health care and health services, Prisons
Human Rights: Right to due process/fair trial
Facts:

This case considered whether a prisoner in ill health should be released from prison. The applicant was serving time in prison for murder. He argued that he should be released on bail given his ill health and that the delay in bringing his case to trial was unreasonable. He had been imprisoned since October 2007 …Read more

Tags: Access to health care, Access to treatment, Detainee, Detention, Diagnostics, Imprisonment, Incarceration, Inmate, Jail
Download Judgment: English

Eastman v. Chief Executive of the Department of Justice and Community Safety

Country: Australia
Year: 2011
Court: The Supreme Court of the Australian Capital Territory
Citation: [2011] ACTSC 33
Health Topics: Chronic and noncommunicable diseases, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to liberty and security of person
Facts:

The plaintiff in this case was convicted of murder and sentenced to life imprisonment. He was transferred to the Alexander Maconochie Centre (AMC) to serve his sentence. His concern with the centre was three fold. First he wanted an order preventing two officers at the AMC from dealing with him as their treatment (usage of …Read more

Tags: Asthma, Degrading treatment, Humiliating treatment, Imprisonment, Passive smoking, Prison conditions, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking
Download Judgment: English

Elefteriadis v. Romania

Country: Romania
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 38427/05
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Applicant, Mr. Elefteriadis, alleged that he was exposed to second-hand smoke in crowded cells during several periods of detention, as well as in transport vehicles during frequent transfers between prison and court and in designated rooms for prisoners awaiting hearings. The applicant claimed such situations contravened Article 3 (freedom from inhuman and degrading treatment) of …Read more

Tags: Access to health care, Access to treatment, Cancer, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Lung disease, Noncommunicable diseases, Passive smoking, Prison conditions, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking
Download Judgment: French

Hadzic and Suljic v. Bosnia and Herzegovina

Country: Bosnia-Herzegovina
Year: 2011
Court: European Court of Human Rights
Citation: Application Nos. 39446/06 and 33849/08
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

Mr. Hadzic and Mr. Suljic were detained in the Psychiatric Annex of Zenica Prison. Each claimed that their detention was unlawful under Article 5, section 1 of the European Convention on Human Rights (“Convention”), which protects the right to liberty and security of person They argued that the Annex was not an appropriate institution for …Read more

Tags: Compulsory confinement, Custody, Detainee, Detention, Imprisonment, Incarceration, Inmate, Involuntary confinement, Jail, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Prison conditions, Seclusion
Download Judgment: English

Khatayev v. Russia

Country: Russia
Year: 2011
Court: European Court of Human Rights
Citation: App. No 56994/09, Eur. Ct. H.R. (2011).
Health Topics: Health care and health services, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant, a Russian citizen who was diagnosed with pulmonary tuberculosis and tuberculosis papillitis of the kidneys, was transferred to a special “medical colony” to serve a prison sentence of two years and six months for an aggravated robbery conviction. Upon his arrival, the facility provided a new complex prophylactic examination by a tuberculosis specialist …Read more

Tags: Abuse, Access to health care, Access to treatment, Assault, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions, Solitary confinement, TB, Tuberculosis
Download Judgment: English