Ximenes-Lopes v. Brazil
Country: BrazilYear: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 149 (July 4, 2006).
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Damião Ximenes-Lopes, a person with mental illness, was hospitalized for psychiatric treatment at a private psychiatric clinic that operated within Brazil’s public health system. Ximenes-Lopes died three days following hospitalization while undergoing psychiatric treatment. He endured “inhuman and degrading” conditions and died under violent circumstances in the hands of hospital staff. Ximenes-Lopes’ sister filed a …Read more
Zimbabwe Human Rights NGO Forum v. Zimbabwe
Country: ZimbabweYear: 2006
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 245/02 (2006).
Health Topics: Mental health, 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 life
The Zimbabwe Human Rights NGO Forum, a coalition of twelve human rights organizations, alleged that the Government of Zimbabwe and supporters of the ruling ZANU (PF) political party engaged in a systematic campaign of intimidation leading up to a Constitutional Referendum held in February of 2000, as well as in the months following its fifth …Read more
Caesar v. Trinidad and Tobago
Country: Trinidad and TobagoYear: 2005
Court: Inter-American Court of Human Rights
Citation: Series C No. 123, March 11, 2005
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial
C was arrested on 11 November 1983 as a suspect in connection with a rape alleged to have occurred in Trinidad a few days earlier. On 16 November 1983 he was released on bail. Between 1985 and 1986 committal proceedings took place and he was ordered to stand trial on 21 February 1986. C was …Read more
Chisanga v. Zambia
Country: ZambiaYear: 2005
Court: United Nations Human Rights Committee
Citation: Communication No. 1132/2002; U.N. Doc. CCPR/C/85/D/1132/2002 (2005)
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Chisanga, a Zambian citizen, was convicted of aggravated robbery in 1995 and sentenced to death; he was also convicted of attempted murder but not sentenced for it. Chisanga claimed that he was innocent and that his trial was unfair because he was convicted solely on the basis of one witness’ testimony. Evidence from the medical …Read more
Dbeis and Ors. v. Secretary of State for the Home Department
Country: United KingdomYear: 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
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
DW v. Secretary of State for the Home Department
Country: United KingdomYear: 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
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
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
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
Kachingwe v. Minister of Home Affairs N.O.
Country: ZimbabweYear: 2005
Court: Supreme Court
Citation: Report No. SC 145/04
Health Topics: Diet and nutrition, Health care and health services, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
This was a civil appeal regarding the conditions in Zimbabwe’s police holding cells. The first and second Applicants, Kachingwe and Chibebe, were arrested by the police, with Zimbabwe Lawyers for Human Rights serving as the third Applicant. The first Applicant was detained in a police cell overnight. The second Applicant was detained for two days. …Read more
N (FC) v. Secretary of State for the Home Department
Country: United KingdomYear: 2005
Court: House of Lords
Citation: [2005] UKHL 31
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health
N, a Ugandan woman, came to London in Mach 1998 seeking asylum. Her application for asylum was rejected and the Secretary of State proposed to expel her. N was suffering from advanced HIV/AIDS, but had achieved a stable condition due to the extensive medical treatment and medication she had been receiving in the UK. If …Read more
Ndong Bee, et al. v. Equatorial Guinea
Country: Equatorial GuineaYear: 2005
Court: UN Human Rights Committee
Citation: Communications Nos. 1152/2003 and 1190/2003
Health Topics: Diet and nutrition, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
The Human Rights Committee (the “Committee”) joined two communications which referred to the same facts. The first communication concerned Patricio Ndong Bee who was a prisoner in Black Beach Prison on behalf of himself and four other inmates who were being held incommunicado. The second communication was filed by the wife of yet another prisoner …Read more