Kichwa Peoples of the Sarayaku Community v. Ecuador
Country: EcuadorYear: 2012
Court: Inter-American Court of Human Rights
Citation: Case No. 12.465; Series C No. 245, June 27, 2012
Health Topics: Diet and nutrition, Environmental health, Health care and health services, Medicines, Violence
Human Rights: Freedom of expression, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to participation, Right to property
This case concerned the Kichwa nation of the Ecuadorian Amazon, which encompassed two Peoples who shared the same linguistic and cultural tradition. The State of Ecuador had granted a private oil company a permit to carry out oil exploration and exploitation of activities in the ancestral territory of the Kichwa nation. The State did not …Read more
R v. DAI
Country: CanadaYear: 2012
Court: The Supreme Court of Canada
Citation: [2012] SCC 5
Health Topics: Disabilities, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The Crown alleged that the complainant, a 26-year-old woman with the mental age of a three to 6-year-old was repeatedly sexually assaulted by her mother’s partner D.A.I during the four years that he lived in their home. The Crown sought to call the complainant to testify about the alleged assaults. The trial judge found that …Read more
R. v. Mabior
Country: CanadaYear: 2012
Court: Supreme Court
Citation: 2012 SCC 47; 2010 MBCA 93
Health Topics: HIV/AIDS, Infectious diseases, Medicines, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity
The Respondent was charged with nine counts of aggravated sexual assault for not disclosing his HIV-positive status to nine Complainants before engaging in sexual intercourse with them. None of the Complainants tested positive for HIV. At trial, the Respondent was convicted on six counts and acquitted on three. He was acquitted on the basis of …Read more
S.V.P. v. Bulgaria
Country: BulgariaYear: 2012
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 31/2011; UN Doc. CEDAW/C/53/D/31/2011
Health Topics: Violence
Human Rights: Freedom from discrimination, Right to bodily integrity
A mother brought a case on behalf of her daughter who was suffering affective disorder for having been a victim of an act of sexual violence in 2004, when she was seven years old. In 2006, the indictment against the perpetrator was issued. After two years, and in less than two months, the court approved …Read more
The Rio Negro Massacres v. Guatemala
Country: GuatemalaYear: 2012
Court: Inter-American Court of Human Rights
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Hospitals, Poverty, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Freedom of religion, Right to bodily integrity, Right to development, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to life, Right to privacy, Rights to the benefits of culture
This case deals with the destruction of the Mayan community of Río Negro by a series of massacres perpetrated by the Guatemalan army and members of the civil self-defence patrols in 1980 and 1982 which, according to the IACmHR, included the persecution and elimination of members of the Mayan community, subsequent violations directed against the …Read more
L.C. v. Peru
Country: PeruYear: 2011
Court: Committee on the Elimination of Discrimination against Women
Citation: L.C. v. Peru, CEDAW, U.N. Doc. CEDAW/C/50/D/22/2009 (2011).
Health Topics: Health care and health services, Health systems and financing, Mental health, Poverty, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy
A minor child, L.C., began to be sexually abused at the age of 11 years by a 34-year-old man. Two years later, L.C. became pregnant, and in response, attempted suicide by jumping from a building. L.C. survived her suicide attempt, and she was taken to a public hospital where she was diagnosed with a series …Read more
Luis E. Lopez Medrano, et al. v. Peru
Country: PeruYear: 2010
Court: Inter-American Commission on Human Rights
Citation: Luis E. Lopez Medrano, et al. v. Peru, P703-98, et al., Inter-Am. C.H.R., Report No. 9/10 (2010).
Health Topics: Mental health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
This case deals with a number of petitions lodged against Peru alleging a violation of the rights to humane treatment, personal liberty, fair trial, privacy and judicial protection enshrined in Articles 5 (Right to humane treatment), 7 (Right to personal liberty), 8 (Right to a fair trial), 9 (Freedom from ex post facto laws), 11 …Read more
McCallum v. South Africa
Country: South AfricaYear: 2010
Court: United Nations Human Rights Committee
Citation: Communication No. 1818/2008; U.N. Doc. CCPR/C/100/D/1818/2008
Health Topics: Health care and health services, HIV/AIDS, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Bradley McCallum, a detainee at a maximum correctional facility in South Africa, claimed to be a victim of violations of articles 7 and 10 of the International on Civil and Political Rights (“Covenant”). In particular, McCallum alleged that he was physically abused, raped, and subject to other ill treatment by South African prison authorities during …Read more
N. R. F. s/ abuso sexual s/ incidente solicitud interrupción embarazo s/apelaciones
Country: ArgentinaYear: 2010
Court: Criminal Court of Appeal [Cámara Primera en lo Criminal]
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health, Violence
Human Rights: Right to health
A girl allegedly raped claimed for abortion under the art. 86 (2) of the Criminal Code of Argentina, which excluded women from criminal liability when they have been raped and they were mentally disabled. The girl had no disabilities. The First Instance Court authorized the abortion and, fifteen minutes later, gave notice to mass media. …Read more
R v. Conway
Country: CanadaYear: 2010
Court: The Supreme Court of Canada
Citation: 2010 SCC 22
Health Topics: Hospitals, Mental health, Public safety, Violence
Human Rights: Freedom of movement and residence, Right to liberty and security of person
The accused was found not guilty by reason of insanity on a charge of sexual assault with a weapon in 1983. He was subsequently detained in numerous mental health facilities. Before his annual review hearing in 2006 was held, the accused alleged that the centre in which he was detained had violated his constitutional rights …Read more