31 judgments found.

X v. Kutaisi City 2nd Police Department

Country: Georgia
Year: 2010
Court: Kutaisi Appellate Court
Citation: Case no. # 4/ა- 182-2010
Health Topics: Controlled substances, Medicines
Facts:

This case was an appeal regarding the perpetration of an administrative misdemeanor. On August 14, 2010, the Chief of the Kutaisi City 2nd Police Department sent a report on administrative misdemeanor against X to the Kutaisi City Court. A drug test showed that X had consumed marijuana. As a result, an administrative fine of 500 …Read more

Tags: Drug abuse, Drug enforcement, Drug testing, Drug use, Marijuana, People who use drugs, Substance abuse
Download Judgment: English Georgian

Andrea Mortlock v. United States

Country: United States
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 63/08, Case 12.534
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
Facts:

This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners included the Legal Aid Society and the International Human Rights Clinic at Washington College of Law. Petitioners alleged the United States violated the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Addiction, AIDS, Antiretrovirals, ARVs, Cocaine, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Drug abuse, Drug enforcement, Drug use, Emergency care, First-line treatment, HIV, HIV positive, HIV status, Immigration, Imprisonment, Incarceration, Inhuman treatment, Inmate, Marijuana, Migrants, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Substance abuse, Torture
Download Judgment: English Spanish

Gonzales v. Oregon

Country: United States
Year: 2006
Court: Supreme Court
Citation: 546 U.S. 243 (2006)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Informed consent, Medicines, Mental health
Facts:

The state of Oregon legalized a physician-assisted suicide law. This law exempts state-licensed physicians who “dispense or prescribe a lethal dose of drugs upon the request of a terminally ill patient” from civil or criminal liability. The law required that the patient must have a diagnosis of an incurable and irreversible disease that reasonably will cause …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Counseling, Examination, Health care professionals, Health care workers, Informed choice, Noncommunicable diseases, Patient choice, Substance abuse, Suicide
Download Judgment: English

Melnik v. Ukraine

Country: Ukraine
Year: 2006
Court: European Court of Human Rights
Citation: App. No. 72286/01, Eur. Ct. H.R. (2006).
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Mental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The applicant, a private citizen of Ukraine, was convicted in the Vinnytsia District Court for the unlawful possession of a quantity of opium with the premeditated intent to sell along with a group of persons. The District Court sentenced the applicant to five years imprisonment. During the trial, the applicant had refused the representation of …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Cleanliness, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Drug abuse, Drug use, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Opioids, Opium, People who use drugs, Prison conditions, Substance abuse, TB, Tuberculosis
Download Judgment: English

Enhorn v. Sweden

Country: Sweden
Year: 2005
Court: European Court of Human Rights
Citation: [2005] E.C.H.R. 56529/00
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Mental health, Public safety, Sexual and reproductive health
Human Rights: Right to liberty and security of person
Facts:

The Applicant was an HIV-positive man who had sex with men. He had transmitted HIV to another, younger man through a sexual encounter prior to his diagnosis. He was subsequently instructed by the county medical officer, among other things, not to have sexual intercourse without first disclosing to his partner that he was HIV-positive, to …Read more

Tags: Addiction, AIDS, Alcohol, Children, Clinics, Compulsory commitment, Compulsory confinement, Condoms, Counseling, Disclosure, Gay, HIV, HIV positive, Homosexual, Involuntary commitment, Involuntary confinement, Isolation, LGBTI, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Paranoia, People living with HIV/AIDS, PLHIV, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Substance abuse, Transmission
Download Judgment: English French

J.V. v. Flemish Government

Country: Belgium
Year: 2005
Court: Constitutional Court of Belgium [Cour constitutionnelle]
Citation: Case 2005-016F, 19 January 2005
Health Topics: Controlled substances, Health information
Human Rights: Right to privacy
Facts:

J.V. filed an action in the Belgian Constitutional Court to annul article 40.6, line 2, of the Flemish Parliament’s Act of 1991 on the practice of sport with respect to health imperatives. He stated that the impugned provision that required the publication of details on a government website such as the name, date of birth …Read more

Tags: Confidentiality, Disclosure, Drug abuse, Drug use, Non-disclosure, Notification, People who use drugs, Performance-enhancing drugs, Secrecy, Substance abuse
Download Judgment: English French Flemish

Case 54/2004 (XII.13.)

Country: Hungary
Year: 2004
Court: Constitutional Court
Health Topics: Child and adolescent health, Controlled substances
Human Rights: Freedom from discrimination, 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
Facts:

Five petitions brought separate challenges to Act IV of 1978 on the Hungarian Criminal Code (“Act”) related to the misuse of narcotic drugs. They argued that the Parliament had failed to ensure the exercise of the right to self-determination when it ordered the punishment of the production and cultivation of a small amount of narcotic …Read more

Tags: Addiction, Cannabis, Child development, Children, Cocaine, Criminalization, Drug abuse, Drug enforcement, Drug use, Heroin, IDUs, Injecting drug users, Minor, Opioids, Opium, Pediatric health, People who use drugs, Psychotropic drugs, Substance abuse
Download Judgment: English

K.A. v. Finland

Country: Finland
Year: 2003
Court: European Court of Human Rights
Citation: App. No. 27751/95, Eur. Ct. H.R. 27 (2003).
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Mental health, Tobacco
Human Rights: Right of access to information, Right to family life, Right to privacy
Facts:

The applicant, a father of three young children, claimed a violation of his right to respect for his private and family life and home under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Convention), when Finnish authorities placed his children in public care in response to allegations of …Read more

Tags: Addiction, Child development, Children, Liquor, Mental disorder, Mental illness, Minor, Molestation, Sexual abuse, Substance abuse
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

R v. Malmo-Levine; R v. Caine

Country: Canada
Year: 2003
Court: Supreme Court
Citation: [2003] 3 SCR 571
Health Topics: Controlled substances
Human Rights: Freedom from discrimination, Right to liberty and security of person
Facts:

M described himself as a “marijuana/freedom activist” helping to operate a co-operative, non-profit association seeking to minimize the harm caused by marijuana use. The police raided the organisation’s premises and seized 300 grams of marijuana. M was charged with possession of marijuana for the purpose of trafficking pursuant to section 4(2) Narcotics Control Act 1985 …Read more

Tags: Drug abuse, Drug enforcement, Drug use, Marijuana, People who use drugs, Substance abuse
Download Judgment: English French