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Monday, January 31, 2022
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Nature of the Case

Constitutional Court decision allowing a prisoner to recover damages after contracting tuberculosis while in detention due to negligence by the Correctional Services authorities.

Enforcement of the Decision and Outcomes

The Constitutional Court found in favor of the applicant and remitted the case to Western Cape High Court, Cape Town to assess damages.

Significance of the Case

The Constitutional Court held that rights of persons deprived of liberty to dignity and medical care include state duties to implement policies to prevent the spread of and control of known health risks. The Court also held that in such claims, the but-for causation test should be flexible.

For their contributions, special thanks to ESCR-Net members: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.

Groups Involved in the Case