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
Panetti v. Quarterman
Country: United StatesYear: 2007
Court: Supreme Court
Citation: 127 S.Ct. 2842 (2007)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The Appellant, Panetti, was convicted of capital murder in a Texas state court and sentenced to death. After the execution date was set, Panetti brought proceedings claiming that he was incompetent to be executed. The federal district court stayed Panetti’s execution in order to allow the state courts to adjudicate Panetti’s claim of mental incompetence. …Read more
Testa v. Croatia
Country: CroatiaYear: 2007
Court: European Court of Human Rights
Citation: App. No. 20877/04, 47 Eur. H.R. Rep. 29 (2008)
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Infectious diseases, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to privacy
Applicant, a Croatian prisoner, alleged that the prison authorities violated her rights under Article 3 of the Convention because she was not provided with adequate medical treatment and necessary medical check-ups for her illness (chronic hepatitis), nor did she receive an adequate diet or sufficient opportunity to take necessary rest. Consequently, she lost control over …Read more
Titiahonjo v. Cameroon
Country: CameroonYear: 2007
Court: United Nations Human Rights Committee
Citation: CCPR/C/91/D/1186/2003
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons, Sexual and reproductive health, Violence, Water, sanitation and hygiene
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, Right to life, Rights to the benefits of culture
The author of the communication was the wife of the alleged victim, a Cameroon citizen. The author alleged that a group of police officers broke into her house without a warrant, claiming to be looking for a gun, and began beating her husband (as well as battering the author, who was in an advanced state …Read more
Boumediene, et al. v. Bosnia-Herzegovina
Country: Bosnia-HerzegovinaYear: 2006
Court: European Court of Human Rights
Citation: Application No. 38703/06, 40123/06, 43301/06, 43302/06, 2131/07 and 2141/07
Health Topics: Diet and nutrition, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to due process/fair trial, Right to liberty and security of person, Right to life
Six individuals took their case to the European Court of Human Rights against Bosnia and Herzegovina for failing to assist them during their removal to and detention at Guantanamo Bay. Lakhdar Boumediene, Hadj Boudelaa, Mustafa Ait Idir, Mohamed Nechla, Belkacem Bensayah and Saber Lahmar were all detained at Guantanamo Bay on suspicion of having planned …Read more