De la Cruz-Flores v. Peru
Country: PeruYear: 2004
Court: Inter-American Court of Human Rights
Citation: De la Cruz-Flores v. Peru. Merits, Reparations, and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 115 (Nov. 18, 2004).
Health Topics: Health care and health services, Mental health, Prisons
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
Physician María Teresa De La Cruz Flores was detained on March 27, 1996, and charged with terrorism for providing medical services to members of Sendero Luminoso, a guerrilla group in Peru. She was prosecuted before a secret (“faceless”) judge and sentenced on November 21, 1996, to 20 years in prison under a provision that seven …Read more
Institute for Human Rights and Development in Africa v. Guinea
Country: GuineaYear: 2004
Court: African Commission on Human and Peoples' Rights
Citation: Inst. for H.R. & Dev. in Afr. v. Guinea, Afr. Comm’n Human & Peoples’ Rights, Comm. No. 249/02 (2004).
Health Topics: Disasters and emergencies, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to life, Right to property
A human rights organization acting on behalf of Sierra Leonean refugees alleged that a national radio address of Guinean President Lasana Conté directing Guinean authorities to arrest, search and confine Sierra Leonean refugees to refugee camps incited soldiers and civilians to engage in attacks that violated provisions of the African Charter on Human and Peoples’ …Read more
J.A.O. v. Homepark Caterers LTD, et al.
Country: KenyaYear: 2004
Court: High Court at Nairobi
Citation: J.A.O v. Homepark Caterers LTD & 2 Ors., (2004) eKLR (Kenya).
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals
Human Rights: Freedom from discrimination, Right to privacy
The Plaintiff, J.A.O., was a woman living with HIV. The Defendants were her employer (Homepark Caterers), her doctor and hospital. The Plaintiff claimed the doctor and hospital subjected her to an HIV test without her consent, in violation of her constitutional right to privacy. She further claimed that the doctor disclosed her HIV status to her employer without …Read more
Juvenile Reeducation Institute v. Paraguay
Country: ParaguayYear: 2004
Court: Inter-American Court of Human Rights
Citation: Preliminary Objections, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 112 (Sept. 2, 2004).
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Nine inmates died from a fire at juvenile detention center “Colonel Panchito López” Juvenile Reeducation Institute (Center), one inmate died from a bullet wound sustained at the Center, and 37 inmates sustained injuries and smoke inhalation from three fires at the Center. The Center was under the authority of the Ministry of Justice and Labor …Read more
Lemo v. Northern Air Maintenance (Pty) Ltd.
Country: BotswanaYear: 2004
Court: Industrial Court
Citation: 2004 (2) BLR 317 (IC)
Health Topics: Health information, HIV/AIDS, Hospitals, Medicines
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 work
The Applicant, Lemo, was employed by the Respondent, Northern Air Maintenance, as a trainee aircraft engineer. During a period of four years, the Applicant’s health deteriorated considerably. He consistently exhausted his annual and sick leave days and took unpaid leave, often for months at a time, in order to obtain medical assistance. Due to his …Read more
Odafe and Others v. Attorney-General and Others
Country: NigeriaYear: 2004
Court: High Court, Port Harcourt Division
Citation: Suit No. FHC/PH/CS/680/2003; (2004) AHRLR 205 (NgHC 2004)
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to life
The Applicants were detainees living with HIV. They had been awaiting trial for up to four years. The Applicants claimed that their continuous detention and segregation from the general prison population was a violation of their rights to dignity of the human person and freedom from discrimination in sections 34(1)(a) and 42(1) of the Constitution. …Read more
R v. Secretary of State for the Home Department, ex parte Razgar
Country: United KingdomYear: 2004
Court: House of Lords
Citation: [2004] UKHL 27
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health
The Secretary of State sought to appeal a decision which held that removing Mr. Razgar from the United Kingdom would be a violation of his rights under the European Convention on Human Rights (ECHR). Mr. Razgar was an asylum seeker from Iraq who initially sought asylum in Germany, where he claimed to have been detained, …Read more
Secretary of State for the Home Department v. Wayoka Limbuela and Ors.
Country: United KingdomYear: 2004
Court: Court of Appeal, Civil Division
Citation: [2004] EWCA Civ 540
Health Topics: Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to housing, Right to social security
This case concerned what level of destitute asylum seekers must have reached before their condition signified a violation of Article 3 of the European Convention on Human Rights and Fundamental Freedoms (“Convention”), which prohibits torture and cruel or inhuman or degrading treatment. A violation of Article 3 required the Secretary of State for the Home …Read more
Aliev v. Ukraine
Country: UkraineYear: 2003
Court: The European Court of Human Rights
Citation: Application No. 41220/98
Health Topics: Diet and nutrition, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life
The applicant was arrested and detained in Krasnodar, Russia and was transferred to a detention facility. The applicant was convicted of conspiring and carrying out organized crime, aiding and abetting and attempting murder. He was sentence to death by the Criminal Division of the Supreme Court. On the same day he was moved to cells …Read more
Khokhlich v. Ukraine
Country: UkraineYear: 2003
Court: European Court of Human Rights
Citation: Application No. 41707/98
Health Topics: 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 family life, Right to health, Right to privacy
Applicant Mykola Khokhlich, a death row inmate at Khmelnitskuy Prison, alleged that conditions at the prison amounted to inhuman and degrading treatment. The applicant had been convicted of murder in February of 1996 and sentenced to execution; his sentence was later commuted to be life imprisonment. The applicant was diagnosed with tuberculosis in September 1997, …Read more