R (on the application of Q) v. Secretary of State for the Home Department
Country: United KingdomYear: 2003
Court: Court of Appeal, Civil Division
Citation: [2003] All ER (D) 409 (Oct); [2003] EWHC 2507 (Admin); [2004] QB 36 [2003]; EWCA Civ 364, [2003] 2 All ER 905
Health Topics: Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to housing, Right to social security
F, M, D, B, J and Q were six asylum-seekers who had sought assistance from the Secretary of State under the Nationality, Immigration and Asylum Act, 2002. As per section 55 of the Act, the Secretary of State may not provide support to an asylum-seeker, if the Secretary “is not satisfied that the claim was …Read more
Mansaray v. Secretary of State for the Home Department
Country: United KingdomYear: 2002
Court: Immigration Appeal Tribunal
Citation: [2002] UKIAT 04459
Health Topics: Health care and health services, Mental health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Haja Mansaray, a Sierra Leone national, appealed a decision to refuse her asylum. She alleged that her removal would be contrary to the Refugee Convention and in violation of article 3 (inhuman or degrading treatment) of the European Convention on Human Rights (ECHR), because she would be unable to access the mental health care she …Read more
Arcila Henao v. Netherlands
Country: NetherlandsYear: 2001
Court: European Court of Human Rights
Citation: Application No. 13669/03
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The applicant was a Columbian national residing in the Netherlands. He complained that his expulsion to Columbia would violate Article 3 of the European Convention on Human Rights (the “Convention”) which prohibits torture and inhuman or degrading punishment, as he would be unable to continue treatment for his HIV and Hepatitis B and would therefore …Read more
Bensaid v. United Kingdom
Country: United KingdomYear: 2001
Court: European Court of Human Rights
Citation: Application No. 44599/98; (2001) 33 EHRR 10; [2001] ECHR 82; [2001] MHLR 287; [2001] INLR 325; 11 BHRC 297
Health Topics: Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life
Bensaid brought an action against the United Kingdom as a result of a proposed deportation order to Algeria. Bensaid was a schizophrenic suffering from a psychotic illness. He had arrived in the United Kingdom from Algeria in 1989 and had been granted indefinite leave to remain after marrying a United Kingdom citizen. This leave lapsed …Read more
Case 2001-131n
Country: BelgiumYear: 2001
Court: Constitutional Court
Citation: C. C., n°2001-131n, 30 October 2001
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to life, Right to social security
Illegal migrants who had applied for regularization were de facto condoned on the territory pending their application, but were not entitled to full social services; they were only entitled to urgent medical care. In contrast, asylum seekers who were appealing a rejection and foreigners residing legally in the country were entitled to full social services. …Read more
The Social and Economic Rights Action Center, et al. v. Nigeria
Country: NigeriaYear: 2001
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 155/96 (2001).
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Environmental health, Infectious diseases, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to a clean environment, Right to food, Right to health, Right to housing, Right to life, Right to property
The applicant alleged that the military government of Nigeria (Government), in its efforts to produce oil through the State-owned Nigerian National Petroleum Company (NNPC), contaminated the environment of the Ogoni People and led to environmental degradation and health problems among that community. More specifically, the applicant claimed that the NNPC, acting within a consortium with …Read more
Malawi African Association, et al. v. Mauritania
Country: MauritaniaYear: 2000
Court: African Commission on Human and Peoples' Rights
Citation: (2000) AHRLR 149 (ACHPR 2000); Communications 54/91, 61/91, 98/93, 164-196/97 and 210/98
Health Topics: Diet and nutrition, Disasters and emergencies, Health care and health services, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to due process/fair trial, Right to family life, Right to favorable working conditions, Right to food, Right to health, Right to liberty and security of person, Right to life, Right to property, Right to work, Rights to the benefits of culture
Six communications jointly alleged that the Mauritanian state committed numerous human rights violations from 1986 to 1992. Specifically, the communications alleged that the State violated articles 2, 4, 5, 6, 7, 9, 10, 11, 12, 14, 16, 18, 19, and 26 of the African Charter on Human and Peoples’ Rights (“the Charter”), which came into …Read more
Enxet-Lamenxay & Kayleyphapopyet (Riachito) v. Paraguay
Country: ParaguayYear: 1999
Court: Inter-American Commission on Human Rights
Citation: Case 11.713, Inter-Am. Comm’n H.R., Report No. 90/99, OEA/Ser.L/V/II.106Doc. 6 rev. (1999).
Health Topics: Diet and nutrition, Health care and health services, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to property, Rights to the benefits of culture
In 1991, representatives of the indigenous Enxet-Lamenxay and Kayleyphapopyet-Riachito communities commenced administrative proceedings against the Government of Paraguay to recover what they claimed was ancestral land that Paraguay had largely sold to foreigners in the years between 1885 and 1950. The petitioners described the land as “their main sustenance came from hunting, fishing, and gathering.” The …Read more
Rights International v. Nigeria
Country: NigeriaYear: 1999
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 215/98 (1999).
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person
Rights International, a non-governmental organization based in the United States, claimed that Nigerian military soldiers arrested and tortured Mr. Charles Baridorn Wiwa at an unknown military detention camp in Gokana, Nigeria. The Complainant alleged that Mr. Wiwa’s detention lasted from January 2-9, 1996, and that during his detention, authorities horsewhipped him, subjected him to various …Read more
D v. The United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: App. No. 30240/96, 24 Eur. H.R. Rep. 423 (1997).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to life, Right to privacy
The applicant, an individual suffering HIV/AIDS, brought action under Article 3 (freedom from torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights when he was threatened with expulsion from UK to St Kitts where he would not have access to necessary medical treatment and no family home or close …Read more