129 judgments found.

Samuel Kaunda and Others v. President of the Republic of South Africa, et al.

Country: South Africa
Year: 2004
Court: Constitutional Court
Citation: [2004] ZACC 5
Health Topics: 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
Facts:

The applicants in this case were 69 South African citizens held in Zimbabwe on a variety of charges, including the possession of and attempt to smuggle dangerous weapons. The applicants initially brought a claim before the High Court seeking to require that the South African Government: (1) take steps to have them extradited to South Africa so that …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Execution, Imprisonment, Incarceration, Inmate, Jail, Migrants, Prison conditions
Download Judgment: English

Aliev v. Ukraine

Country: Ukraine
Year: 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
Facts:

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

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Examination, Execution, Humiliating treatment, Imprisonment, Inhuman treatment, Inmate, Jail, Prison conditions, Solitary confinement
Download Judgment: English

De’Lonta v. Angelone

Country: United States
Year: 2003
Court: 4th Circuit Court of Appeal
Citation: 330 F.3d 630 (2003)
Health Topics: Health care and health services, Medicines, Prisons, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The Appellant, Ophelia Azriel De’lonta (born Michael A. Stokes), a Virginia inmate suffering from gender identity disorder (GID) (also known as gender dysphoria or transsexualism), brought suit against the Respondents, the Director of and doctors at the Virginia Department of Corrections (VDOC), alleging that they inflicted cruel and unusual punishment on her, in violation of …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Detention, Gender identity, Hormone therapy, Imprisonment, Incarceration, Inmate, Intersex, Jail, Pharmaceuticals, Secondary care, Sex reassignment, Tertiary care, Torture, Transgender, Transsexual
Download Judgment: English

Khokhlich v. Ukraine

Country: Ukraine
Year: 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
Facts:

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

Tags: Access to health care, Access to treatment, Cleanliness, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Sewage, TB, Tuberculosis
Download Judgment: English

McGlinchey and Ors. v. United Kingdom

Country: United Kingdom
Year: 2003
Court: European Court of Human Rights
Citation: McGlinchey v. U.K., App. No. 50390/99, 37 EHRR 41 (2003).
Health Topics: Controlled substances, Health care and health services, Health systems and financing, Medicines, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

Applicants, family members of an individual addicted to heroin who died in prison, alleged that the State violated Articles 3 (freedom from torture or to inhuman or degrading treatment or punishment) and 13 (right to effective remedy) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) because the prisoner, Ms. …Read more

Tags: Access to drugs, Access to treatment, Addiction, Criminalization, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug abuse, Drug use, Heroin, IDUs, Imprisonment, Incarceration, Inhuman treatment, Injecting drug users, Inmate, Jail, People who use drugs, Rehabilitation, Substance abuse
Download Judgment: English French Ukrainian

Smith v. Carpenter

Country: United States
Year: 2003
Court: 2nd Circuit Court of Appeal
Citation: 316 F.3d 178 (2003)
Health Topics: Health care and health services, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Plaintiff filed suit alleging that Defendants deprived him of HIV medication on two occasions during his incarceration at the Camp Pharsalia Correctional Facility. The first deprivation occurred in October 1998 and lasted seven days, resulting from a delay in refilling Plaintiff’s prescriptions. The second occurred in January 1999, when Plaintiff’s medication was confiscated during a …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Cruel and unusual punishment, Cruel treatment, Custody, Detention, First-line treatment, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, People living with HIV/AIDS, PLHIV, Second-line treatment
Download Judgment: English

Stanfield v. The Minister of Correctional Services et al.

Country: South Africa
Year: 2003
Court: High Court - Cape of Good Hope Provincial Division
Citation: [2003] ZAWCHC 46
Health Topics: Chronic and noncommunicable diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

While serving a six-year sentence in prison, Stanfield was diagnosed with lung cancer.  Prior to this diagnosis he had already suffered from advanced coronary disease.  The lung cancer required treatment with chemotherapy for three consecutive days every twenty-one days over a period of at least six months. In light of his medical condition, Stanfield sought …Read more

Tags: Cancer, Custody, Detainee, Detention, Imprisonment, Incarceration, Jail, Lung disease, Noncommunicable diseases
Download Judgment: English

Benedict Jacob v. Grenada

Country: Grenada
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: "Report No. 56/02, Case 12.158, Inter-Am. C.H.R., Doc. 5 rev.1 at 601, OEA/Ser.L/V/II.117 Doc. 1 rev. 1, 7 March 2003"
Health Topics: Mental health, Poverty, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Jacob was convicted of murder by the State and a mandatory death sentence by hanging was imposed on him in accordance with the domestic law of Grenada. Jacob and the deceased had been in a relationship and had lived together previously, ending their cohabitation a few months before the deceased’s death. A psychiatrist testified on …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Imprisonment, Incarceration, Indigent, Inhuman treatment, Inmate, Insanity, Jail, Low income, Poor, Prison conditions, Psychiatry, Torture
Download Judgment: English Spanish

Case 1586-2002-R

Country: Bolivia
Year: 2002
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons, Violence
Human Rights: Right to health, Right to life
Facts:

A constitutional amparo (writ of injunctive relief) petition was filed by Marco Marino Diodato del Gallo against the Governor of the Center for Rehabilitation “Santa Cruz” (the “Prison Governor”), alleging infringement of the claimant’s rights to life and health and safety. On March 12, 2001, the claimant suffered a triple heart attack caused by the …Read more

Tags: Abuse, Access to health care, Assault, Custody, Heart disease, Imprisonment, Incarceration, Inmate, Jail, Noncommunicable diseases, Prison conditions
Download Judgment: English Spanish

Joyce Nakacwa v. Attorney General, et al.

Country: Uganda
Year: 2002
Court: Constitutional Court at Kampala
Citation: [2002] UGCC 1; Constitutional Petition No. 2 of 2001
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Informed consent, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to water and sanitation
Facts:

On June 21, 2001, the petitioner delivered a baby by the roadside and visited the second respondent’s Naguru Maternity Home/Clinic with the baby still attached to her. She received no medical care and was referred to another hospital. The petitioner was unable to walk the distance and was forced to sit outside with her newborn …Read more

Tags: Access to health care, Access to treatment, Childbirth, Clinics, Compulsory examination, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Emergency care, Forced examination, Health facilities, Humiliating treatment, Infant mortality, Inhuman treatment, Involuntary examination, Jail, Law enforcement, Mandatory examination, Maternal health, Mob, Police, Pregnancy, Prison conditions, Torture
Download Judgment: English