Sri Lanka: Sanjeewa v Suraweera and Others, SC No. 328/2002, 2003

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A man was arrested. While in police custody, he was subject to mistreatment by the police, for which he went to the hospital. Before the Supreme Court, he sought compensation for his medical bills beyond any compensation for the mistreatment he endured. The Supreme Court of Sri Lanka allowed this medical bill compensation, citing Article 12 of the ICCPR. The Court said, "Citizens have the right to choose between State and private medical care, and in the circumstances the Petitioner's wife's choice of the latter was not unreasonable -and was probably motivated by nothing other than the desire to save his life. Article 12 of the International Covenant on Economic Social and Cultural Rights recognizes the right of everyone "to the enjoyment of the highest attainable standard of physical and mental health"".


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