Andrea Mortlock v. United States
Country: United StatesYear: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 63/08, Case 12.534
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners included the Legal Aid Society and the International Human Rights Clinic at Washington College of Law. Petitioners alleged the United States violated the …Read more
Institute for Human Rights and Development in Africa v. Angola
Country: AngolaYear: 2008
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 292/04 (2008).
Health Topics: Health care and health services, Mental health, Prisons, Violence
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, Right to property, Right to work
The Institute for Human Rights and Development in Africa (IHRDA) filed a complaint on behalf of Mr. Esmaila Connateh and 13 other Gambians deported from Angola during March through May of 2004. IHRDA’s complaint alleged that Angola arbitrarily arrested and detained the individuals, along with tens of thousands of foreigners who had legally lived and …Read more
Marcela Alejandra Porco v. Bolivia
Country: BoliviaYear: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 8/08, Case 11.426
Health Topics: Controlled substances, Health care and health services, Mental health, Prisons, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The petitioner sued the Bolivian State (“the State”) for numerous violations regarding her treatment in prison. The present case is deciding whether this petition is admissible before the Inter-American Commission on Human Rights (“the Commission”). There is disagreement between the parties as to the facts. Marcela Alejandra Porco, an Argentine citizen, was detained in the …Read more
Mechenkov v. Russia
Country: RussiaYear: 2008
Court: European Court of Human Rights
Citation: App. No. 35421/05, Eur. Ct. H.R. 122 (2008).
Health Topics: Health care and health services, Health information, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Applicant, a Russian national serving a prison sentence and suffering from tuberculosis and chronic hepatitis C, alleged the state violated his Article 3 rights under the European Convention on Human Rights (ECHR) because he was denied the necessary medical treatment. He also alleged that he was held with inmates suffering from active tuberculosis and hepatitis …Read more
Shelley v. United Kingdom
Country: United KingdomYear: 2008
Court: European Court of Human Rights
Citation: Application No. 23800/06; [2008] ECHR 108; (2008) 46 EHRR SE16
Health Topics: Controlled substances, Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
The applicant was a United Kingdom national imprisoned at H.M. Prison Whitemoor who complained that the Government’s failure to provide needle exchange programs in prisons violated the rights of prisoners under Article 2 (respect for the right to life), Article 3 (prohibition of torture and inhuman or degrading treatment or punishment), Article 8 (respect for …Read more
Wellington R, (on the Application of) v. Secretary of State for the Home Department
Country: United KingdomYear: 2008
Court: House of Lords
Citation: [2008] UKHL 72; [2009] UKHRR 450; 25 BHRC 663; [2009] 2 WLR 48; [2009] HRLR 11; [2009] 1 AC 335; [2009] 2 All ER 436
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
W faced two charges of murder in Missouri, United States of America (USA). He was arrested in the United Kingdom (UK) and the USA requested his extradition. In Missouri, the mandatory sentence was death or life without parole, except by the discretion of the Governor. The prosecutor vowed not to seek the death penalty. W …Read more
Case of Dickson v. The United Kingdom
Country: United KingdomYear: 2007
Court: The European Court of Human Rights
Citation: Application no. 44362/04
Health Topics: Health care and health services, Prisons, Sexual and reproductive health
Human Rights: Right to family life
The applicants met and married while both were incarcerated via a pen-pal program. The applicants wished to conceive a child. However, given Ms. Dickson’s age at the time of Mr. Dickson’s earliest release date, it was unlikely they would be able to have a child without the use of artificial insemination facilities. As such, the …Read more
Case of Stepuleac v. Moldova
Country: MoldovaYear: 2007
Court: The European Court of Human Rights
Citation: Applications no 8207/06
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Prisons
Human Rights: Right to liberty and security of person
The Moldovan Ministry of Internal Affairs arrested Mr. Gheorghe Stepuleac and detained him at the General Directorate for Fighting Organized Crime’s (“GDFOC”) detention centre. Following his release on bail, the Ministry again arrested and detained Mr. Stepuleac at the same detention centre. During his detention Mr. Stepuleac alleged he had inadequate access to food, sunlight, …Read more
Ciorap v. Moldova
Country: MoldovaYear: 2007
Court: The European Court of Human Rights
Citation: [2007] ECHR 502
Health Topics: Diet and nutrition, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The applicant, Mr. Tudor Ciorap, was incarcerated in a remand centre in Moldova after being arrested on fraud charges. Mr. Ciorap alleged that the conditions of the prison were inhuman as a result of overcrowding (e.g. 1 m2 per person), poor sanitary conditions (e.g. the presence of parasitic insects), and low quantity and quality of …Read more
Grishin v. Russia
Country: RussiaYear: 2007
Court: European Court of Human Rights
Citation: App. No. 30983/02, Eur. Ct. H.R. 925 (2007).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The applicant, a Russian national, filed several European Convention on Human Rights Article 3 violations (inhuman or degrading treatment) during his prison term. He claimed that his serious medical state (ischaemic heart disease, exertional angina, hypertension, myopia and chronic bronchitis) was not treated appropriately, that he was beaten by investigating officers and cellmates (alleging broken …Read more