58 judgments found.

Democratic Republic of the Congo v. Burundi, Rwanda and Uganda

Country: Burundi, Congo, DRC, Rwanda, Uganda
Year: 2003
Court: African Commission on Human and Peoples' Rights
Citation: (2004) AHRLR 19 (ACHPR 2003); Communication 227/99
Health Topics: Child and adolescent health, Disasters and emergencies, Health care and health services, HIV/AIDS, Hospitals, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to family life, Right to health, Right to life, Right to property
Facts:

The Democratic Republic of Congo initiated proceedings before the African Commission on Human and Peoples’ Rights, alleging that the respondent countries (Burundi, Rwanda, and Uganda) committed various human rights violations. The Democratic Republic of Congo alleged that the respondent countries committed multiple massacres against people of the Democratic Republic of Congo including attacking Inga hydroelectric …Read more

Tags: AIDS, Armed conflict, Assault, Children, Execution, Forced displacement, HIV, HIV positive, Manmade disaster, Military, Militias, Public hospitals, Rape, Sexual assault, Sexual violence, Transmission, Violence against women
Download Judgment: English

Y.F. v. Turkey

Country: Turkey
Year: 2003
Court: European Court of Human Rights
Citation: Application No. 24209/94; (2003) 39 EHRR 715; [2003] ECHR 391
Health Topics: 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 privacy
Facts:

YF was a Turkish national. On 15 October 1993, he was taken into custody on suspicion of aiding and abetting the Kurdish Workers Party (PKK), an illegal terrorist organization. Two days later, his wife, NF, was also taken into custody. NF was held in custody for four days, during which time she was allegedly kept …Read more

Tags: Abuse, Compulsory examination, Custody, Degrading treatment, Detainee, Detention, Forced examination, Humiliating treatment, Informed choice, Involuntary examination, Law enforcement, Mandatory examination, Patient choice, Police, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Torture, Violence against women
Download Judgment: English French Turkish

Naushad Ali v. State

Country: Fiji
Year: 2002
Court: High Court
Citation: Criminal Appeal No. HAA 0083 of 2001
Health Topics: Child and adolescent health, Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

N, a cane cutter, was arrested on charges of having unlawful sexual intercourse with his six year old daughter contrary to s 175 of the Penal Code. Within two hours he was presented before the court and cautioned. The magistrate asked N whether he wished to consult his lawyer, but he declined. At trial he …Read more

Tags: Child development, Children, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Examination, Humiliating treatment, Incompetence, Inhuman treatment, Mental competence, Minor, Pediatric health, Psychiatry, Psychology, Rape, Sexual abuse, Sexual assault
Download Judgment: English

State v. Marapo

Country: Botswana
Year: 2002
Court: Court of Appeal
Citation: AHRLR 58 (BwCA 2002); Criminal Appeal No. 15/2002
Health Topics: HIV/AIDS, Infectious diseases, Prisons, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The case discusses the constitutionality of a statute that denied bail to people accused of rape. Marapo was arrested and charged with rape. Under Section 142(1)(i) of the Botswana Penal Code, he was not entitled to bail before trial. Marapo brought his case to the High Court, arguing that section 142(1)(i) of the Penal Code …Read more

Tags: AIDS, Custody, Detainee, Detention, HIV, HIV/AIDS, Imprisonment, Incarceration, Inmate, Jail, Rape, Safety regulation, Sexual assault, Sexual violence, Sexually transmitted infections, STDs, STIs, Transmission, Violence against women
Download Judgment: English

Waitemata Health v. Attorney-General

Country: New Zealand
Year: 2001
Court: Court of Appeal
Citation: [2001] NZCA 312; [2001] NZFLR 1122; (2001) 21 FRNZ 216
Health Topics: Mental health, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The appellant, H, had a history of sexually violent behavior toward women, and he experienced his first imprisonment and compulsory treatment order in 1998. H had been receiving treatment at the Mason Clinic since prisoners were not permitted outpatient community treatment. In 1999, H completed his prison sentence, but none of his physicians initiated proceedings …Read more

Tags: Community-based care, Compulsory commitment, Involuntary commitment, Mandatory commitment, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology, Sexual abuse, Sexual assault, Sexual violence, Sociopath, Threat of violence, Violence against women
Download Judgment: English

R v. Mills

Country: Canada
Year: 1999
Court: Supreme Court
Citation: [1999] 3 R.C.S. 668
Health Topics: Child and adolescent health, Health care and health services, Health information, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

M was charged with sexual offenses. Following an adjournment of M’s trial his counsel sought full disclosure of all therapeutic records and notes relating to the complainant in possession of a counseling organization. An order for partial disclosure was made and M sought further disclosure of psychiatric records. However, in the interim Bill C-46 had …Read more

Tags: Children, Counseling, Disclosure, Health records, Medical records, Non-disclosure, Psychiatry, Psychology, Sexual assault, Sexual violence, Violence against women
Download Judgment: English French

R. v. Ewanchuk

Country: Canada
Year: 1999
Court: Supreme Court
Citation: [1999] 1 SCR 330
Health Topics: Violence
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The complainant, a seventeen year old woman, was interviewed by E for a job in his van. The interview, continued in E’s trailer where he offered to display some of his products. The complainant purposely left the door of the trailer open, but E allegedly closed it in a way that made the complainant think …Read more

Tags: Assault, Molestation, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Violence against women
Download Judgment: English French

S. v. Katamba

Country: Namibia
Year: 1999
Court: Supreme Court
Citation: 2000 (4) BCLR 405 (NmS); SA 2/99
Health Topics: Child and adolescent health, Violence
Human Rights: Freedom from discrimination, Right to due process/fair trial
Facts:

The respondent was tried for one count of rape and one of abduction for assaulting an 11-year-old girl, having sex with her and forcing her to sleep with him for the next three nights. In finding him not guilty the trial judge applied the cautionary rule, which required the court both to recognize the inherent …Read more

Tags: Assault, Minor, Rape, Sexual assault
Download Judgment: English

State v. Bechu

Country: Fiji
Year: 1999
Court: Magistrate's Court of Fiji at Levuka
Citation: State v. Bechu, [1999] FJMC 3 (Fiji).
Health Topics: Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to life
Facts:

Filipe Bechu was charged with the offence of rape. The Penal Code states that “Any person who has unlawful carnal act with a woman or girl, without her consent, or with her consent if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of bodily …Read more

Tags: Rape, Sexual abuse, Sexual assault, Sexual violence, Violence against women
Download Judgment: English

Aydin v. Turkey

Country: Turkey
Year: 1998
Court: European Court of Human Rights
Citation: App. No. 23178/94, 25 Eur. H.R. Rep. 251 (1998).
Health Topics: Child and adolescent health, Hospitals, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The applicant was a 17-year old Turkish national of Kurdish origin girl who lived with her parents in a village in south-east Turkey. Since 1985 serious disturbances had raged in this part of the country between the security forces and the members of a Kurdish separatist party. Turkey claimed that these had resulted in the deaths …Read more

Tags: Armed conflict, Children, Compensation, Cruel treatment, Degrading treatment, Health care professionals, Health care workers, Humiliating treatment, Military, Minor, Pregnancy, Public hospitals, Rape, Sexual assault, Sexual violence, Terrorism, Torture
Download Judgment: English