Griffin v. Spain
Country: SpainYear: 1995
Court: United Nations Human Rights Committee
Citation: U.N. H.R. Comm., U.N. Doc. CCPR/C/53/D/493/1992 (Apr. 5, 1995).
Health Topics: Controlled substances, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The petitioner, a Canadian citizen, was arrested along with two acquaintances when the group attempted to enter Spain with large quantities of hashish concealed in their vehicle. The petitioner claimed to have no knowledge of the contraband, and his acquaintances also told police that he was innocent of any wrongdoing. Nevertheless, the examining magistrate incarcerated …Read more
Mónaco de Gallicchio v. Argentina
Country: ArgentinaYear: 1995
Court: Human Rights Committee
Citation: Mónaco de Gallicchio v. Arg., U.N. H.R. Comm., U.N. Doc. CCPR/C/53/D/400/1990 (Apr. 27, 1995).
Health Topics: Child and adolescent health, Health information, Mental health
Human Rights: Right to due process/fair trial, Right to family life, Right to privacy
Grandmother of a child orphaned at the hands of the military government of Argentina who was then falsely adopted filed claims against the government citing ICCPR Articles 7 (freedom from torture, including psychological), 23 (family) and 24 (child protections) rights violations. Ximena Vicario’s parents disappeared when she was 9 months old and she was cared …Read more
Doe v. Wigginton
Country: United StatesYear: 1994
Court: 6th Circuit Court of Appeal
Citation: 21 F.3d 733 (1994)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The Appellant, Doe, a prisoner incarcerated in Kentucky, brought this challenge alleging his constitutional rights under the Eighth and Fourteenth Amendments were violated by Policy 13.5 (the Policy), a Kentucky rule which restricted the eligibility of inmates for “at-request” HIV testing. In January 1989, at an initial medical screening following his incarceration, Doe requested that …Read more
El-Megreisi v. Libyan Arab Jamahiriya
Country: LibyaYear: 1994
Court: United Nations Human Rights Committee
Citation: Communication No. 440/1990
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
El-Megreisi (E) alleged that his family home was searched at dawn by the security police and that his brother, having been asked to leave with them to assist in an unspecified security matter, never returned. He also alleged that after over three years had elapsed, his brother’s wife was allowed to visit him in a …Read more
Lopez-Ostra v. Spain
Country: SpainYear: 1994
Court: European Court of Human Rights
Citation: Application No. 16798/90; (1995) 20 EHRR 277; [1994] ECHR 46; (1994) 303-C Eur. Ct. H.R. (ser A)
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to privacy
Mrs. López Ostra brought an action against Spain due to environmental pollution from a nearby waste treatment plant. López Ostra lived adjacent to the plant, which was operating without a license. The plant malfunctioned on start-up, and released gas fumes and unpleasant smells. These caused health problems and were a nuisance to the local people. …Read more
M.H. v. United Kingdom
Country: United KingdomYear: 1994
Court: European Commission on Human Rights
Citation: Application No. 22162/93
Health Topics: Prisons, Public safety
Human Rights: Freedom from discrimination, 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, Right to property
The applicant was serving a sentence of life imprisonment in HM Prison Stocken. He had been convicted of the murder of an elderly man in 1972 and received a mandatory sentence of life imprisonment. The applicant’s sentence was reviewed by the Parole Board in or about 1984. A release date was apparently set and he …Read more
M’Boissona (on behalf of Bozize) v. Central African Republic
Country: Central African RepublicYear: 1994
Court: United Nations Human Rights Committee
Citation: Communication 428/1990, UN Doc. CCPR/C/50/D/428/1990
Health Topics: Diet and nutrition, Health care and health services, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to food, Right to health, Right to liberty and security of person
In a communication submitted to the United Nations Humans Right Committee (“UNHRC”), Yvonne M’Boissona asserted that her brother, François Bozize, led a coup d’état in the Central African Republic in 1982. After fleeing the country, he was arrested in July 1989 in Benin, repatriated to the Central African Republic by force, and imprisoned at a …Read more
Mika Miha v. Equatorial Guinea
Country: Equatorial GuineaYear: 1994
Court: United Nations Human Rights Committee
Citation: Communication No. 414/1990
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Mika Miha (M), having twice previously left Equatorial Guinea for asylum abroad, had returned in 1988 to support the activities of an opposition party to which he belonged. Shortly afterwards, he was arrested by members of the security forces. The only explanation given was that his detention had been ordered by the president. For the …Read more
Kanana Tshiongo a Minanga v. Zaire
Country: Congo, DRCYear: 1993
Court: United Nations Human Rights Committee
Citation: Communication No. 366/1989
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Kanana Tshiongo A Minanga (K), a founder of a political party opposed to the governing regime of President Mobutu, complained that he was taken by members of the Zairian defense forces to the headquarters of the political police supposedly to meet the director and then held overnight without any reason being given. While there, he …Read more
Herczegfalvy v. Austria
Country: AustriaYear: 1992
Court: European Commission on Human Rights
Citation: App. No. 10533/83, Eur. Ct. H.R. 58 (1992).
Health Topics: Diet and nutrition, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to family life, Right to liberty and security of person
Applicant, a Hungarian national, served a prison sentence during which he assaulted prison officers, other detainees and threatened judges. He served a six-month pre-detention period in a facility for mentally ill offenders where he remained until his conditional release. He claims that his rights pursuant to Article 5 of the European Convention of Human Rights …Read more