JH v. Alberta (Minister of Justice and Solicitor General)
Country: CanadaYear: 2020
Court: Court of Appeal of Alberta
Citation: 2020 ABCA 317
Health Topics: Health information, Informed consent, Mental health
Human Rights: Freedom of movement and residence, Right of access to information, Right to due process/fair trial, Right to liberty and security of person
The respondent JH, a member of a First Nation in British Columbia, was admitted to the Foothills Medical Centre, run by the respondent, Alberta Health Services, on September 5, 2014 for the treatment of sepsis in his knee. Following surgery and a 20-day hospital stay, JH sought discharge. Instead, JH was admitted as a formal …Read more
E.S. v. Austria
Country: AustriaYear: 2018
Court: European Court of Human Rights
Citation: Application no. 38450/12
Health Topics: Public safety
Human Rights: Freedom of expression, Freedom of religion
In Austria, a woman was convicted after leading several seminars entitled “Basic Information on Islam” at the right-wing Freedom Party Education Institute, beginning in January 2008. These seminars were publicly advertised on the Freedom Party’s website, and the leaders of the Freedom Party distributed leaflets specifically aimed to encourage young voters to attend. An undercover …Read more
Front for the Liberation of the State of Cabinda v. Republic of Angola
Country: AngolaYear: 2013
Court: African Commission on Human and Peoples’ Rights
Citation: Communication 328/06
Health Topics: Disasters and emergencies, Poverty, Public safety
Human Rights: Right to a clean environment, Right to development, Right to property, Rights to the benefits of culture
The state of Cabinda was declared annexed by Angola without any Cabindan participation in 1975. Despite protests by the Cabindan people, Angola exercised sovereignty over Cabinda. Groups in Cabinda attempted to re-claim autonomy of their country in 2002, but Angola undertook a massive military campaign against them. Angola’s large military force committed numerous documented human …Read more
Thompson, et al. v. Ontario
Country: CanadaYear: 2013
Court: Ontario Superior Court of Justice
Citation: 2013 ONSC 5392
Health Topics: Health care and health services, Health systems and financing, Mental health, Public safety
Human Rights: Freedom from discrimination, Right to life
The Court examined the constitutionality of Brian’s Law, which was passed in 2000 after a man named Brian Smith was fatally shot by an untreated schizophrenic. The law included expanded committal criteria and allowed for involuntary admission for individuals who had experienced “substantial mental deterioration,”even if they were not necessarily a danger to others. In …Read more
Finogenov and Others v. Russia
Country: RussiaYear: 2011
Court: European Court of Human Rights
Citation: Application Nos. 18299/03 and 27311/03
Health Topics: Disasters and emergencies, Health care and health services, Hospitals, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to life
On 23 October 2002 a group of terrorists armed with machine-guns and explosives took hostages in the ‘Dubrovka’ theatre in Moscow. For three days, more than 900 people were held at gunpoint and the theatre building was booby-trapped with suicide bombers positioned amongst the hostages. During the three days, the terrorists made certain demands and …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
Case 53-O09-81
Country: RussiaYear: 2009
Court: Supreme Court
Health Topics: Informed consent, Mental health, Public safety
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person
O. was released from criminal responsibility for violating Article 105 of the Criminal Code of the Russian Federation (relating to a contract killing) because the Supreme Court of the Republic of Bashkortostan determined that O. had committed the act in a state of insanity. O. was sentenced to compulsory outpatient observance and treatment by a …Read more
2008Hun-Ka23
Country: South KoreaYear: 2008
Court: Constitutional Court
Citation: 22-1(A) KCCR 36
Health Topics: Prisons, Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to liberty and security of person, Right to life
The petitioner was charged with murder of four people and the sexual assault of three women. The Gwangju District Court sentenced the petitioner to the death penalty in accordance with Article 250 Section 1 of the Criminal Act and Article 10 Section 1 of the Former Special Act on Punishment of Sex Crimes and Victim …Read more
Case of Saadi v. Italy
Country: ItalyYear: 2008
Court: European Court of Human Rights
Citation: Application no. 37201/06
Health Topics: Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to life
The applicant was a Tunisian national who was arrested on 9 October 2002 on suspicion of involvement in international terrorism. He was charged with (1) conspiracy to commit acts of violence in States other than Italy with the aim of spreading terror, (2) falsification of “a large number of documents such as passports, driving licences …Read more
Afdeling Bestuursrechtspraak van de Raad van State [Administrative Jurisdiction of the Council of State], 11 October 2006, nr200600633/1, LJN:AY9897
Country: NetherlandsYear: 2006
Court: Afdeling bestuursrechtspraak van de Raad van State (Administrative Jurisdiction Department of the Council of State)
Citation: 11 October 2006, nr200600633/1, LJN:AY9897
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Medicines, Public safety, Sexual and reproductive health
According to the Benefit Entitlement Act (“BEA”), health care providers who offer medically necessary care to illegal immigrants must be compensated for their expenses. To achieve this, the BEA increased the budget of the Ministry of Health, Welfare and Sports (“the Ministry”). Instead of managing the compensation fund itself, the Ministry appointed the Foundation Koppeling …Read more