Case Law
- African Commission on Human and Peoples' Rights 1
- Australia: Federal Magistrates Court 1
- Australia: Refugee Review Tribunal 5
- Canada: Immigration and Refugee Board of Canada 1
- Colombia: Consejo de Estado 1
- Colombia: Corte Constitucional 8
- Colombia: Juzgado Segundo Penal Municipal 1
- Council of Europe: European Court of Human Rights 6
- Dominican Republic: Constitutional Court 1
- European Union: Court of Justice of the European Union 2
- Inter-American Commission on Human Rights (IACHR) 4
- New Zealand: Refugee Status Appeals Authority 3
- South Africa: High Court 1
- Switzerland: Tribunal administratif fédéral 1
- UN Committee on the Rights of the Child (CRC) 1
- United Kingdom: Court of Appeal (England and Wales) 5
- United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) 1
- Afghanistan 1
- Australia 5
- Bangladesh 1
- Belgium 6
- Bolivia 1
- Canada 1
- China 1
- Colombia 10
- Congo, Democratic Republic of the 2
- Dominican Republic 1
- El Salvador 1
- Ethiopia 1
- Fiji 1
- Georgia 2
- Ghana 2
- Guatemala 1
- Hungary 1
- India 2
- Iran, Islamic Republic of 2
- Italy 1
- Jamaica 2
- Kenya 1
- Kyrgyzstan 1
- Lebanon 1
- Mauritania 1
- New Zealand 3
- Nigeria 3
- Pakistan 1
- Russian Federation 1
- Saint Vincent and the Grenadines 1
- Serbia 1
- Slovakia 1
- South Africa 1
- Sweden 1
- Switzerland 3
- Tonga 1
- Türkiye 1
- United Kingdom of Great Britain and Northern Ireland 6
- United States of America 1
- Venezuela 1
- Zimbabwe 1
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X v. Staatssecretaris van Justitie en Veiligheid Case C‑69/21
The Court adopted the view that a return decision or removal order does not infringe the right to respect for the private life of a third-country national concerned on the sole ground that, if he or she were returned to the receiving country, that national would be exposed to the risk that his or her state of health deteriorates, where such a risk does not reach the severity threshold required under Article 4 of the Charter. Nonetheless, the Court ruled that the national's state of health and the care received must be considered by the competent national authority, along with other relevant factors (such as social ties, dependency, and health fragility), when determining whether the national's right to respect for private life precludes removal. 22 November 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Border controls - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Right to health | Countries: Netherlands - Russian Federation |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
