| Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
| Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
| May 18. 2021. | Writ No. 077-WO-01120, | Supreme Court of Nepal | Right to equality | The Nepali Supreme Court ordered the authorities to make proper provision of oxygen supply, ICU beds, ventilators and other necessary medical equipment needed to combat the COVID-19 pandemic. | The Nepali Supreme Court ordered the authorities to make proper provision of oxygen supply, ICU beds, ventilators and other necessary medical equipment needed to combat the COVID-19 pandemic. | https://www.icj.org/wp-content/uploads/2021/09/Nepal-Right-to-Health-Publication-2021-ENG.pdf | |||
| May 18. 2021. | Writ No. 077-WO-01118. | Supreme Court of Nepal | Vaccination | The Supreme Court of Nepal held that the state shall guarantee for all Nepali citizens to receive at least two doses of Covid-19 vaccination free of charge. | The Supreme Court of Nepal held that the state shall guarantee for all Nepali citizens to receive at least two doses of Covid-19 vaccination free of charge. | https://www.icj.org/wp-content/uploads/2021/09/Nepal-Right-to-Health-Publication-2021-ENG.pdf | |||
| May 17. 2021. | Writ No.077-WO-1115. | Supreme Court of Nepal | Separation of powers | Due to the allegedly insufficient governmental public health measures taken during the first two vawes of the global pandemic, the Supreme Court of Nepal explicitly ordered the authorities to prepare itself for "the third wave" and "forthcoming possible infection". | Due to the allegedly insufficient governmental public health measures taken during the first two vawes of the global pandemic, the Supreme Court of Nepal explicitly ordered the authorities to prepare itself for "the third wave" and "forthcoming possible infection". | https://www.icj.org/wp-content/uploads/2021/09/Nepal-Right-to-Health-Publication-2021-ENG.pdf | |||
| August 5. 2020. | Writ No.076-WO-0962. | Supreme Court of Nepal | Emergency | Highlighting the problems created due to lack of unified pandemic law, the Supreme Court has directed the government to formulate a pandemic law to incorporate within it a human rights framework. | Highlighting the problems created due to lack of unified pandemic law, the Supreme Court has directed the government to formulate a pandemic law to incorporate within it a human rights framework. | https://www.icj.org/wp-content/uploads/2021/09/Nepal-Right-to-Health-Publication-2021-ENG.pdf | |||
| August 5. 2020. | Writ No.076-WO-0962. | Supreme Court of Nepal | Rights of women; rights of children | The Supreme Court of Nepal called the Government to implement measures for the protection of pregnant women and their new-born babies during the public health emergency. | The Supreme Court of Nepal called the Government to implement measures for the protection of pregnant women and their new-born babies during the public health emergency. | https://www.icj.org/wp-content/uploads/2021/09/Nepal-Right-to-Health-Publication-2021-ENG.pdf | |||
| August 3. 2020. | Writ No. 077-WO-0130, (03 August 2020). | Supreme Court of Nepal | Right to life; right to equality | The Supreme Court of Nepal ordered the Government to provide free Covid-19 tests and treatment for everyone regardless of financial and social situation of the patients. | The Supreme Court of Nepal heard a case concerning the accessibility of Covid-19 tests and medical treatment for everyone in the country. The Government planned to limit free Covid-19 tests and medical services to the financially or socially vulnerable persons, however, the Supreme Court held such policies unconstitutional. The Supreme Court called the Government for providing free Covid-19 tests and free adequate treatment for all Covid-19 patients regardless of their financial and social situation. People with more resources obviously would still have the opportunity to pay for faster or better services, but a minimum level of medical treatment should be available for everyone free of charge during the public health emergency. |
https://myrepublica.nagariknetwork.com/news/sc-orders-govt-provide-free-of-cost-covid-19-test-to-low-income-generating-people/; https://thewire.in/law/after-humanitarian-law-died-a-million-deaths-the-supreme-court-has-finally-stirred-itself; https://www.icj.org/wp-content/uploads/2021/09/Nepal-Right-to-Health-Publication-2021-ENG.pdf; https://kathmandupost.com/national/2020/06/26/the-government-has-not-followed-most-of-the-supreme-court-s-23-rulings-related-to-the-pandemic; https://njanepal.org.np/public/reports/21111275253-Compendium%20Of%20Some%20Landmark%20Judgements%20Related%20To%20Covid-19%20Rendered%20By%20The%20Supreme%20Court%20Of%20Nepal%202021.pdf |
|||
| August 3. 2020. | Writ No. 076-WO-0939 | Supreme Court of Nepal | Rights of prisoners; discrimination | The Supreme Court of Nepal ordered the authorities to secure adequate health services, food and drinking water for prisoners during the public health emergency; moreover, the overcrowd of prison facilities shall have been reduced with the application of alternative sanctions such as probation or parole. | The Supreme Court of Nepal ordered the authorities to secure adequate health services, food and drinking water for prisoners during the public health emergency; moreover, the overcrowd of prison facilities shall have been reduced with the application of alternative sanctions such as probation or parole. | https://www.icj.org/wp-content/uploads/2021/09/Nepal-Right-to-Health-Publication-2021-ENG.pdf | |||
| June 22. 2020. | Writ No.076-WO-0973 | Supreme Court of Nepal | Freedom of movement | The Supreme Court of Nepal held that it was unconstitutional to release quarantined persons from isolation after 14 days without prior testing to verify their full recovery from Covid-19. | The Supreme Court of Nepal held that it was unconstitutional to release quarantined persons from isolation after 14 days without prior testing to verify their full recovery from Covid-19. | https://www.icj.org/wp-content/uploads/2021/09/Nepal-Right-to-Health-Publication-2021-ENG.pdf | |||
| May 31. 2020. | Writ No.076-WO-0958 | Supreme Court of Nepal | Right to life; protection of health workers | The Supreme Court of Nepal ordered the Government to secure free Covid-19 tests, disinfectant, further protective equipment and medical treatment for frontline health workers for their protection during the public health emergency. | The Supreme Court of Nepal ordered the Government to secure free Covid-19 tests, disinfectant, further protective equipment and medical treatment for frontline health workers for their protection during the public health emergency. | https://www.icj.org/wp-content/uploads/2021/09/Nepal-Right-to-Health-Publication-2021-ENG.pdf | |||
| April 14. 2020. | Decision no. 6/2020. | Supreme Court of Nepal | Rights of children; illegal detention | The Supreme Court of Nepal ruled the release of two illegally detained children accused with drug offences especially with special regard of the special circumstances caused by the Covid-19 pandemic. | The Supreme Court of Nepal upheld a claim of the Advocacy Forum of Nepal to release to juveniles detained illegally during the public health emergency. The two young persons were arrested at March 10. 2020. and were kept at child correction home until the publication of this order (14 April 2020). The relevant laws in Nepal says, that children should be detained until no more than three weeks, and the childcare authorities should also provide their consent to impose such a measure. In this case, the consent of the competent authorities was missing, while the custody amounted to 31 days, which clearly violated the constitutional rights of the juveniles accused with drug offences. As a result, the authorities were ordered to release the two juveniles. | https://www.pdsnepal.org/events/covid-19-supreme-court-of-nepal-s-orders-to-release-juvenile-in-parental-custody;
https://www.advocacyforum.org/news/2020/04/supreme-court-issues-an-interim-order-to-release-juveniles-on-parental-custody.php |
|||
| April 7. 2020. | Writ No.076-WO-0935. | Supreme Court of Nepal | Right to equality; freedom of movement | The Supreme Court of Nepal held that all Nepali citizens returning to the country from abroad shall be identified by the municipalities, and shall be kept in quarantine closely monitored by the authorities. | The Supreme Court of Nepal held that all Nepali citizens returning to the country from abroad shall be identified by the municipalities, and shall be kept in quarantine closely monitored by the authorities. The Government shall ensure that enough tests would be provided for all quarantine facilities. Apart from this, the Government was called for providing adequate resources for private hospitals to continue their operation; moreover, urgent, but not Covid-19-related medical services shall have been also safeguarded. | https://www.icj.org/wp-content/uploads/2021/09/Nepal-Right-to-Health-Publication-2021-ENG.pdf | |||
| April 6. 2020. | Advocate Bishnu Luitel vs Office of Prime Minister & Advocate Pushpa Raj Poudel v Office of Prime Minister, Writ No.076-WO-0933 | Supreme Court of Nepal | Freedom of movement | The Supreme Court of Nepal ordered the Government to repatriate Nepali workers working abroad due to the global pandemic, and to provide them all the necessary protective equipments as well as proper quarantine facilities. | The Supreme Court of Nepal dealt with the situation of Nepali workers working abroad. The Supreme Court declared as the constitutional duty of the Government to repatriate all of these workers during the public health emergency, and to provide all the necessary public health equipments, as well as proper quarantine facilities to avoid harmful health consequences of such repatriations. | https://www.icj.org/wp-content/uploads/2021/09/Nepal-Right-to-Health-Publication-2021-ENG.pdf | |||
