Regina v. Secretary of State for the Home Department, ex parte Adam; Regina v. Secretary of State for the Home Department, ex parte Limbuela; Regina v. Secretary of State for the Home Department, ex parte Tesema
Country: United KingdomYear: 2005
Court: House of Lords
Citation: [2005] UKHL 66
Health Topics: Diet and nutrition, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to housing, Right to social security
Section 95 of the Immigration and Asylum Act 1999 (‘the Act’) authorized the Home Secretary to provide or arrange for the provision of support for asylum-seekers and their dependents who appeared to be destitute, as defined, or likely to become so within a prescribed period. L, A and T, from Angola, Ethiopia and the Sudan …Read more
Roche v. United Kingdom
Country: United KingdomYear: 2005
Court:
Citation: Roche v. U.K., App. No. 32555/96, 42 Eur. H.R. Rep. 30 (2006).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Occupational health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to due process/fair trial, Right to health, Right to privacy, Right to property
Applicant, a United Kingdom national who had served in the British Army, maintains that his health problems, which left him handicapped, were the result of his participation in mustard and nerve gas tests conducted while he served in the British Armed Forces at the Chemical and Biological Defense Establishment (CBDE) at Porton Down Barracks (England) …Read more
Süheyla Aydin v. Turkey
Country: TurkeyYear: 2005
Court: European Court of Human Rights
Citation: App. No. 25660/94, 42 Eur. H.R. Rep. 44 (2006).
Health Topics: Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Applicant, a Turkish national and her husband, Nacati Aydın were detained by the Turkish police. She suffered degrading treatment whilst her husband was subjected to torture. Her husband was subsequently brought before a judge who ordered his release, however, he never physically came out of the court room and was later found tied up and …Read more
Canadian Foundation for Children, Youth and the Law v. Canada
Country: CanadaYear: 2004
Court: Supreme Court
Citation: [2004] 1 S.C.R. 76; I.L.D.C. 177 (CA 2004); 2004 S.C.C. 4
Health Topics: Child and adolescent health
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
This case involved a challenge to the constitutionality of s. 43 of the Criminal Code, which excluded reasonable physical correction of children by parents and teachers from the definition of assault under the Criminal Code, R.S.C. 1985, c. C-46, s.265. The Canadian Foundation for Children, Youth and the Law (the Foundation) sought a declaration to …Read more
Daniel David Tibi v. Ecuador
Country: EcuadorYear: 2004
Court: Inter-American Court of Human Rights
Citation: Series C No. 114, September 7, 2004
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy, Right to property
Daniel Tibi was a gem merchant who was arrested in 1995 while he was driving his car down a street in Quito, Ecuador. He was detained by officers of the Quito police force without a court order and taken by plane to the city of Guayaquil, 600 kilometers from Quito, where he was placed in …Read more
De Bruyn v. Minister of Justice and Customs
Country: AustraliaYear: 2004
Court: Federal Court of Australia
Citation: (2004) 143 FCR 162; (2004) 213 ALR 479; [2004] FCAFC 334
Health Topics: HIV/AIDS, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The Appellant, De Bruyn, was a citizen of South Africa. The Respondent, the Minister of Justice and Customs (the Minister), ordered the Appellant to be surrendered to South Africa for an extradition offense. The Appellant was to be charged in South Africa with defrauding the First National Bank of South Africa. The Treaty on Extradition …Read more
De la Cruz-Flores v. Peru
Country: PeruYear: 2004
Court: Inter-American Court of Human Rights
Citation: De la Cruz-Flores v. Peru. Merits, Reparations, and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 115 (Nov. 18, 2004).
Health Topics: Health care and health services, 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
Physician María Teresa De La Cruz Flores was detained on March 27, 1996, and charged with terrorism for providing medical services to members of Sendero Luminoso, a guerrilla group in Peru. She was prosecuted before a secret (“faceless”) judge and sentenced on November 21, 1996, to 20 years in prison under a provision that seven …Read more
Institute for Human Rights and Development in Africa v. Guinea
Country: GuineaYear: 2004
Court: African Commission on Human and Peoples' Rights
Citation: Inst. for H.R. & Dev. in Afr. v. Guinea, Afr. Comm’n Human & Peoples’ Rights, Comm. No. 249/02 (2004).
Health Topics: Disasters and emergencies, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to life, Right to property
A human rights organization acting on behalf of Sierra Leonean refugees alleged that a national radio address of Guinean President Lasana Conté directing Guinean authorities to arrest, search and confine Sierra Leonean refugees to refugee camps incited soldiers and civilians to engage in attacks that violated provisions of the African Charter on Human and Peoples’ …Read more
Juvenile Reeducation Institute v. Paraguay
Country: ParaguayYear: 2004
Court: Inter-American Court of Human Rights
Citation: Preliminary Objections, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 112 (Sept. 2, 2004).
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Nine inmates died from a fire at juvenile detention center “Colonel Panchito López” Juvenile Reeducation Institute (Center), one inmate died from a bullet wound sustained at the Center, and 37 inmates sustained injuries and smoke inhalation from three fires at the Center. The Center was under the authority of the Ministry of Justice and Labor …Read more
Odafe and Others v. Attorney-General and Others
Country: NigeriaYear: 2004
Court: High Court, Port Harcourt Division
Citation: Suit No. FHC/PH/CS/680/2003; (2004) AHRLR 205 (NgHC 2004)
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to life
The Applicants were detainees living with HIV. They had been awaiting trial for up to four years. The Applicants claimed that their continuous detention and segregation from the general prison population was a violation of their rights to dignity of the human person and freedom from discrimination in sections 34(1)(a) and 42(1) of the Constitution. …Read more