M.S.S. v. Belgium and Greece
Country: GreeceYear: 2011
Court: European Court of Human Rights
Citation: M.S.S. v. Belg. & Greece, App. No. 30696/09, Eur. Ct. H.R. (2011).
Health Topics: Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
The applicant is an Afghan male who in early 2008 fled war-stricken Kabul, where he claimed to have feared for his life as a result of his service as a translator for international air force troops based in that city. The applicant first entered Greece, where Greek authorities entered his fingerprints into the common European …Read more
Simon Maregwa Githiru v. Republic
Country: KenyaYear: 2011
Court: High Court - Embu
Health Topics: Infectious diseases, Prisons
The Applicant suffered from pulmonary tuberculosis. He defaulted on his treatment and was charged with wilfully exposing and spreading infectious disease to the community in violation of the Public Health Act. When the facts and the charges of his case were read to the Applicant, he simply stated ‘It is true’ and ‘Facts as charged’. …Read more
A.B. v. Russia
Country: RussiaYear: 2010
Court: The European Court of Human Rights
Citation: Application No. 1439/06
Health Topics: Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The applicant was detained and sent to remand prison in May 2004, for attempted swindling; the court felt the applicant could be a repeat offender since he had no permanent residence or income. He was to be held in remand prison until his trial. The applicant had pre-existing chronic Hepatitis C and was diagnosed HIV-positive …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
Case STS 21-6-2010
Country: SpainYear: 2010
Court: Supreme Court
Health Topics: Controlled substances, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of religion
The applicants, Mr. Eulalio and Mrs. Ariadna worked as nurses at the Prison of Albacete. The prison had, allegedly, implemented the so-called Syringe Exchange Program (“Program”), a public health program developed by the Penitentiary Health General Sub-Directorate. The experimental Program was launched with the objective of preventing the transmission of diseases between inmates by, among …Read more
Eneh v. Holder
Country: United StatesYear: 2010
Court: United States Court of Appeals for the Ninth Circuit
Citation: 601 F.3d 943 (9th Cir. 2010)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health systems and financing, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The Petitioner, Lawrence Amaechi Eneh, was a native and citizen of Nigeria. He had contracted HIV while working in a nursing home in the United States. He was living with HIV-related illness, Capsis Sarcoma and Valley Fever, a disease of the lungs, at the time of the proceedings. The Petitioner was convicted for the sale …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
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