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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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K.S. and M.S. v. Switzerland

10 February 2022 | Judicial Body: UN Committee on the Rights of the Child (CRC) | Legal Instrument: 1989 Convention on the Rights of the Child (CRC) | Topic(s): Children's rights - Effective remedy - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Right to health | Countries: Russian Federation - Switzerland

A E Applicant and CHIEF EXECUTIVE OFFICER HELEN JOSEPH HOSPITAL et al Respondents

In Part A the Applicant seeks in substance that first, second and third Respondents be interdicted from refusing to administer emergency healthcare to her whilst in Part B the Applicant seeks an order declaring that fifth and sixth Respondents policy of refusing placement of a asylum seekers and or refugees into the chronic renal treatment programme, kidney analysis, kidney and renal transplant to be inconsistent with the Bill of Rights in the constitution.

7 October 2019 | Judicial Body: South Africa: High Court | Topic(s): Asylum-seekers - Discrimination based on race, nationality, ethnicity - Right to health - Right to life | Countries: Ethiopia - South Africa

Switzerland: Judgement FAC E-962_2019 of 17 Dec. 2019[1533]

The FAC has reached the conclusion that the Italian asylum system has no systemic weaknesses, including following the Salvini decree, meaning that transfers under the Dublin procedure are still permissible as a basic principle. However, the court has opted to impose restrictions in the case of families and seriously ill asylum seekers, for whom Dublin transfers to Italy will only be permitted again if the Italian authorities give individual guarantees of adequate care and accommodation in advance.

17 December 2017 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Asylum-seekers - Right to health | Countries: Switzerland

Paposhvili v. Belgium

13 December 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Freedom from torture, inhuman and degrading treatment - Right to health | Countries: Belgium - Georgia

Tatar v. Switzerland

14 April 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Blood feuds - Criminal justice - Freedom from torture, inhuman and degrading treatment - Mental health - Right to health | Countries: Switzerland - Türkiye

S.J. v. Belgium (Grand Chamber)

19 March 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - HIV and AIDS - Residence permits / Residency - Right to health | Countries: Belgium - Nigeria

S.J. c. Belgique (cinquième section)

The case was referred to the Grand Chamber (7 July 2014) (see 'related document').

27 February 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - HIV and AIDS - Right to health | Countries: Belgium - Nigeria

M.T. v. Sweden

26 February 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Physical harm - Right to health - Torture - Uighur | Countries: Kyrgyzstan - Sweden

GS (India) & Ors v The Secretary of State for the Home Department

30 January 2015 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Right to health | Countries: Congo, Democratic Republic of the - Ghana - India - Jamaica - United Kingdom of Great Britain and Northern Ireland

Mohamed M'Bodj v État belge

18 December 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Complementary forms of protection - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Regional instruments - Right to health | Countries: Belgium - Mauritania

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