R (on the application of Al Rawi and Ors.) v. Secretary of State for Foreign and Commonwealh Affairs
Country: United KingdomYear: 2006
Court: Supreme Court of Judicature, Queen's Bench Division, Divisional Court
Citation: [2006] EWHC 972 (Admin)
Health Topics: Diet and nutrition, Mental health, Prisons, Public safety, Violence
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
The claimants were three men detained in Guantanamo Bay prison and their families. None of the claimants were British nationals, but each had been a long-term resident of the United Kingdom and two had family members who were UK citizens. Two of the claimants were refugees who has received asylum in the UK. Whilst in …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
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
Regina v. Secretary of State for the Home Department, ex parte Adam; Regina v. Secretary of State for the Home Department, ex parte Limbuela; Regina v. Secretary of State for the Home Department, ex parte Tesema
Country: United KingdomYear: 2005
Court: House of Lords
Citation: [2005] UKHL 66
Health Topics: Diet and nutrition, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to housing, Right to social security
Section 95 of the Immigration and Asylum Act 1999 (‘the Act’) authorized the Home Secretary to provide or arrange for the provision of support for asylum-seekers and their dependents who appeared to be destitute, as defined, or likely to become so within a prescribed period. L, A and T, from Angola, Ethiopia and the Sudan …Read more
Behrooz v. Secretary of the Department of Immigration and Multicultural and Indigenous Affairs
Country: AustraliaYear: 2004
Court: High Court
Citation: [2004] HCA 36; 219 CLR 486; 208 ALR 271; 78 ALJR 1056
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
Mr. Behrooz (“the Appellant”) arrived in Australia without a visa and was taken into immigration detention at the Woomera Immigration Reception and Processing Centre (“Woomera”) in accordance with the Migration Act 1958 (“the Act”). The Appellant later escaped Woomera before being taken back into custody and charged with an offence under s. 197A of the …Read more
Daniel David Tibi v. Ecuador
Country: EcuadorYear: 2004
Court: Inter-American Court of Human Rights
Citation: Series C No. 114, September 7, 2004
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy, Right to property
Daniel Tibi was a gem merchant who was arrested in 1995 while he was driving his car down a street in Quito, Ecuador. He was detained by officers of the Quito police force without a court order and taken by plane to the city of Guayaquil, 600 kilometers from Quito, where he was placed in …Read more
International Federation of Human Rights Leagues (FIDH) v. France
Country: FranceYear: 2004
Court: European Committee of Social Rights
Citation: Complaint No. 13/2003, 40 Eur. H.R. Rep. SE25 (2005).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
Changes in French domestic law required foreign nationals to have lawfully resided in France for three continuous months and to satisfy an economic means test in order to qualify for benefits under the country’s universal medical coverage (CMU) program. The benefits for lawful nationals included health insurance with a potential to receive supplemental insurance. Conversely, …Read more
Madafferi v. Australia
Country: AustraliaYear: 2004
Court: United Nations Human Rights Committee
Citation: U.N. Doc.CCPR/C/81/D/1011/2001 (Aug. 26, 2004).
Health Topics: Child and adolescent health, Health care and health services, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to liberty and security of person, Right to privacy
The petitioner, an Italian citizen detained by Australian authorities for breach of immigration law, alleged possible violations of family rights under the International Covenant on Civil and Political Rights (ICCPR) due to his continued detention which led to his mental health deterioration. Initially, when petitioner suffered a mental health deterioration while detained, he was released …Read more
Minister for Immigration and Multicultural and Indigenous Affairs v. SGLB
Country: AustraliaYear: 2004
Court: High Court
Citation: (2004) 78 ALD 224; (2004) 207 ALR 12; (2004) 78 ALJR 992; [2004] HCA 32
Health Topics: Mental health
Human Rights: Right to due process/fair trial
The Respondent, SGLB, was an Iranian national who arrived in Australia without a visa in June 2000. He was immediately placed in immigration detention. In his initial interview with immigration officers there was “no suggestion by him that any fear of persecution and possible incarceration by the authorities there motivated his departure from Iran” (para. …Read more