Matsipane Mosetlhanyane, et al. v. Attorney General
Country: BotswanaYear: 2011
Court: Court of Appeal of the Republic of Botswana at Lobatse
Citation: Matsipane Mosetlhanyane & Ors v. The Attorney General [2011] CivilAppeal No. CACLB-074-10 (Bots.).
Health Topics: Child and adolescent health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to water and sanitation
Appellants, a married couple who are members of an indigenous community known as the “Basarwa,” sought reversal of a High Court decision that had denied members of the Basarwa communities a constitutional right to utilize at their own expense a borehole located within the Central Kalahari Game Reserve (CKGR) for purposes of extracting and using …Read more
R.R. v. Poland
Country: PolandYear: 2011
Court: European Court of Human Rights
Citation: App. No. 27617/04, Eur. Ct. H.R. Rep. 648 (2011).
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to privacy
The applicant Ms. R.R., a Polish citizen, brought an action against the then Malopolska Regional Medical Insurance Fund and Dr. S.B. for failure to perform timely prenatal examinations and allow her the possibility of deciding whether to terminate her pregnancy with the conditions provided by law for the malformation of her child (Turner syndrome). The …Read more
Turdukan Zhumbaeva v. Kyrgyzstan
Country: KyrgyzstanYear: 2011
Court: United Nations Human Rights Committee
Citation: Communication No. 1756/2008
Health Topics: Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
On 24 October 2004, TM and his wife were in custody at the local police station on a public disturbance charge following an argument in the street. While in police custody, TM died, and there was a dispute of fact as to how his death occurred. The ambulance doctor who attended the scene testified that …Read more
A.B. v. Russia
Country: RussiaYear: 2010
Court: The European Court of Human Rights
Citation: Application No. 1439/06
Health Topics: Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The applicant was detained and sent to remand prison in May 2004, for attempted swindling; the court felt the applicant could be a repeat offender since he had no permanent residence or income. He was to be held in remand prison until his trial. The applicant had pre-existing chronic Hepatitis C and was diagnosed HIV-positive …Read more
Eneh v. Holder
Country: United StatesYear: 2010
Court: United States Court of Appeals for the Ninth Circuit
Citation: 601 F.3d 943 (9th Cir. 2010)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health systems and financing, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The Petitioner, Lawrence Amaechi Eneh, was a native and citizen of Nigeria. He had contracted HIV while working in a nursing home in the United States. He was living with HIV-related illness, Capsis Sarcoma and Valley Fever, a disease of the lungs, at the time of the proceedings. The Petitioner was convicted for the sale …Read more
Fredy Marcelo Núñez Naranjo, et al. v. Ecuador
Country: EcuadorYear: 2010
Court:
Citation: Fredy Marcelo Núñez Naranjo, et al. v. Ecuador, P1011-03, Inter-Am. Comm’n H.R., Report No. 2/10 (2010).
Health Topics: Violence
Human Rights: 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 life
The petitioners alleged that more than 400 members of the Punachizag Community had abducted one of the petitioners’ son, Fredy Marcelo Núñez Naranjo, from jail “with the acquiescence of agents of the Ecuadorian State” and his whereabouts remained unknown. Petitioners also claimed that his mother and sister where kidnapped from their home. They alleged that …Read more
Gomes Lund, et al. (Araguaia Guerrilla) v. Brazil
Country: BrazilYear: 2010
Court: Inter-American Court of Human Rights
Citation: Series C No. 219
Health Topics: Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right to due process/fair trial, Right to liberty and security of person
On 26 March 2009, the IACmHR submitted to the IACtHR a lawsuit against Brazil, which originated in a petition filed on 7 August 1995 by the Center for Justice and International Law (CEJIL) and Human Rights Watch/Americas. The underlying claims concerned Brazil’s alleged responsibility for the arbitrary detention, torture and forced disappearance of 70 people, …Read more
Kayankin v. Russia
Country: RussiaYear: 2010
Court: European Court of Human Rights
Citation: Kayankin v. Russia, App. No. 24427/02, Eur. Ct. H.R. (2010).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medical malpractice, Mental health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The applicant, a Russian citizen, appeared before a military medical commission for a preliminary health assessment prior to being drafted to the Russian military. The commission diagnosed the applicant with hypotrophy of unknown genesis and declared him temporarily unfit to serve in the military. Six months later, the commission reexamined the applicant and found him …Read more
Kozhokar v. Russia
Country: RussiaYear: 2010
Court: The European Court of Human Rights
Citation: Application no. 33099/08, ECHR 2010
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
This case is about the conditions of the applicant’s detention and the sufficiency of his medical care while he was detained in remand centre no. IZ-71/1 and correctional colony no. 7 in the Tula region of the Russian Federation. On 18 October 2006, the applicant, a Russian national, was arrested for drug trafficking. He was …Read more
Law and Advocacy for Women in Uganda v. Attorney General
Country: UgandaYear: 2010
Court: Constitutional Court at Kampala
Citation: [2010] UGCC 4; Constitutional Petition No. 8 of 2007
Health Topics: HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy, Rights to the benefits of culture
Petitioner NGO brought a petition requesting that the Court declare that the act of female genital mutilation (FGM) was in violation of various articles of the Uganda Constitution. The Petitioner argued that FGM was practiced extensively by the certain Ugandan tribes, and that FGM was crudely carried out, involved excruciating pain, could lead to death, …Read more