R v. Secretary of State for the Home Department, ex parte Razgar
Country: United KingdomYear: 2004
Court: House of Lords
Citation: [2004] UKHL 27
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health
The Secretary of State sought to appeal a decision which held that removing Mr. Razgar from the United Kingdom would be a violation of his rights under the European Convention on Human Rights (ECHR). Mr. Razgar was an asylum seeker from Iraq who initially sought asylum in Germany, where he claimed to have been detained, …Read more
Re Woolley, ex parte Applicants M276
Country: AustraliaYear: 2004
Court: High Court
Citation: (2004) 225 CLR 1; (2004) 80 ALD 1; (2004) 210 ALR 369; (2004) 79 ALJR 43; (2004) 32 Fam LR 180; [2004] HCA 49
Health Topics: Child and adolescent health, Infectious diseases, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Freedom of religion, Right to liberty and security of person
The Applicants were four Afghani children who arrived in Australia with their parents as “unlawful non-citizens” (a person who is in the migration zone who is not an Australian citizen and who does not hold a valid visa) according to the Migration Act 1958 (the Act). The family was placed in immigration detention pursuant to …Read more
Tracy Lee Housel v. United States
Country: United StatesYear: 2004
Court: Inter-American Commission on Human Rights
Citation: Report No. 16/04, Petition 129/02, February 27, 2004; OEA/Ser.L/V/II.122, Doc. 5 rev. 1 at 504, 23 February 2005
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person, Right to life
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 were Barristers with Tooks Court, London, a Solicitor with Lovells, London, and representatives of the Federal Defender Program, Atlanta, Georgia. Tracy Lee Housel …Read more
De’Lonta v. Angelone
Country: United StatesYear: 2003
Court: 4th Circuit Court of Appeal
Citation: 330 F.3d 630 (2003)
Health Topics: Health care and health services, Medicines, Prisons, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The Appellant, Ophelia Azriel De’lonta (born Michael A. Stokes), a Virginia inmate suffering from gender identity disorder (GID) (also known as gender dysphoria or transsexualism), brought suit against the Respondents, the Director of and doctors at the Virginia Department of Corrections (VDOC), alleging that they inflicted cruel and unusual punishment on her, in violation of …Read more
Flores v. Southern Peru Copper Corporation
Country: United StatesYear: 2003
Court: United States Court of Appeals, Second Circuit
Citation: 343 F.3d 140 (2d Cir. 2003)
Health Topics: Chronic and noncommunicable diseases, Environmental health, Public safety
Human Rights: Right to a clean environment, Right to health, Right to life
Residents of Ilo, Peru and representatives of deceased Ilo residents brought personal injury claims under the Alien Tort Claims Act (“ATCA”) against Southern Peru Copper Corporation (“SPCC”). SPCC was majority-owned by Asarco, a Delaware corporation with its principal place of business in Peru. Asarco was a wholly-owned subsidiary of Grupo Mexico, S.A. de C.V., a …Read more
Mouisel v. France
Country: FranceYear: 2003
Court: European Court of Human Rights
Citation: App. No. 67263/01, 38 Eur. H.R. Rep. 34 (2004).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Applicant, a prisoner serving a 15-year sentence, alleged that France violated his Article 3 rights against inhuman treatment when his appeals for pardon on the grounds of suffering form a worsening state of leukemia were denied. Medical reports showed that Mouisel had leukemia and that the disease continued to worsen. However, Mouisel’s application to the …Read more
Y.F. v. Turkey
Country: TurkeyYear: 2003
Court: European Court of Human Rights
Citation: Application No. 24209/94; (2003) 39 EHRR 715; [2003] ECHR 391
Health Topics: Informed consent, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to privacy
YF was a Turkish national. On 15 October 1993, he was taken into custody on suspicion of aiding and abetting the Kurdish Workers Party (PKK), an illegal terrorist organization. Two days later, his wife, NF, was also taken into custody. NF was held in custody for four days, during which time she was allegedly kept …Read more
Atkins v. Virginia
Country: United StatesYear: 2002
Court: Supreme Court
Citation: 536 U.S. 304 (2002)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The Appellant, Atkins, a mentally disabled individual, was convicted of capital murder and related crimes by a Virginia jury and sentenced to death. He brought this appeal alleging that he could not be sentenced to death because executing the mentally disabled would constitute “cruel and unusual punishment” as prohibited by the Eighth Amendment.
Benedict Jacob v. Grenada
Country: GrenadaYear: 2002
Court: Inter-American Commission on Human Rights
Citation: "Report No. 56/02, Case 12.158, Inter-Am. C.H.R., Doc. 5 rev.1 at 601, OEA/Ser.L/V/II.117 Doc. 1 rev. 1, 7 March 2003"
Health Topics: Mental health, Poverty, Prisons
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 life
Jacob was convicted of murder by the State and a mandatory death sentence by hanging was imposed on him in accordance with the domestic law of Grenada. Jacob and the deceased had been in a relationship and had lived together previously, ending their cohabitation a few months before the deceased’s death. A psychiatrist testified on …Read more
C. v. Australia
Country: AustraliaYear: 2002
Court: United Nations Human Rights Committee
Citation: U.N. H.R. Comm., U.N. Doc. CCPR/76/D/900/1999 (Nov. 13, 2002).
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Petitioner claimed a breach of Article 7 (freedom from torture, cruel, inhuman or degrading treatment and punishment) and Article 9, particularly Article 9(1) (right to liberty and security of person) and Article 9(4) (a person deprived of liberty’s right to fair trial) of the International Covenant on Civil and Political Rights (ICCPR) when he was …Read more