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447 judgments found.


Patient X v. College of Physicians and Surgeons of Nova Scotia

Country: Canada
Year: 2017
Court: Nova Scotia Court of Appeal
Citation: 2015 NSCA 41
Health Topics: Health care and health services, Hospitals
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The appellant, Patient X,filed a complaint against a physician, Dr. Y, with the College of Physicians and Surgeons. She alleged that he inappropriately touched her breast and made racially inappropriate comments about her “black” lung capacity as compared to “white” lungs. The Investigation Committee dismissed the appellant’s complaint. The Committee’s written decision stated that there …Read more

Tags: Compensation, Damages, Depression, Duty of care, Examination, Health care professionals, Inappropriate treatment, Remedies, Standard of care, Trauma
Download Judgment: English

Caleb Orozco v. Attorney General of Belize

Country: Belize
Year: 2016
Court: Supreme Court of Belize
Citation: Claim 668 of 2010
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of expression, Right to health, Right to privacy
Facts:

The Claimant, Caleb Orozco, a citizen of Belize was a homosexual male and a health educator. In the Supreme Court of Belize, he challenged the constitutional validity of Section 53 of the Belize Criminal Code to the extent that it criminalized anal sex between two consenting male adults. Section 53 of the Criminal Code stated …Read more

Tags: Access to health care, Access to treatment, AIDS, Assault, Buggery, Bullying, Counselling, Depression, Diagnostics, Gay, Hazing, HIV, HIV positive, HIV status, Homosexual, Lesbian, LGBTI, Molestation, Most-at-risk, Non-disclosure, People living with HIV/ AIDS, PLHIV, Queer, Rape, Secrecy, Sexual abuse, Sexual assault, Sexual harassment, Sexual orientation, Sexual violence, Sexually transmitted diseases, Sodomy, STDs, STIs, Transmission, Trauma
Download Judgment: English

Beverly T. Peters v. St. Joseph Services Corporation d/b/a St. Joseph Health System, et al.

Country: United States
Year: 2015
Court: United States District Court Southern District of Texas Houston Division
Citation: Civil Action No. 4:14-CV-2872
Health Topics: Health information, Hospitals
Human Rights: Right to privacy
Facts:

Peters, the plaintiff, brought a class action against St. Joseph Services Corporation for damages after a data breach of St. Joseph’s computer network. While purchasing health care services, Peters had provided her personally identifiable and protected health information to St. Joseph, including her name, social security number, birthdate, address, medical records, and bank information. In …Read more

Tags: Confidentiality, Disclosure, Electronic health information, Electronic health records, Health facilities, Health records, Medical records, Notification
Download Judgment: English

Sharpe Holdings, Inc. v. United States Department of Health and Human Services

Country: United States
Year: 2015
Court: Court of Appeals for the Eighth Circuit
Citation: No. 14-1507 (8th Cir. filed Sept. 17, 2015).
Health Topics: Health systems and financing, Sexual and reproductive health
Human Rights: Freedom of religion
Facts:

CNS International Ministries, Inc. (CNC) and Heartland Christian College (HCC), both nonprofit religious organizations, requested an injunction enjoining the government from enforcing certain provisions of the Patient Protection and Affordable Care Act (ACA). Both organizations had strong Christian identities and were against abortion, including methods of contraception that they viewed as equivalent to abortion due …Read more

Tags: Birth control, Contraception, Contraceptives, Health expenditures, Health insurance, Health regulation, Health spending, Reimbursement
Download Judgment: English

Michigan Catholic Conference, et al. v. Burwell, et al.

Country: United States
Year: 2015
Court: Court of Appeals For the Sixth Circuit
Citation: Nos. 13-2723/6640
Health Topics: Health systems and financing, Sexual and reproductive health
Human Rights: Freedom of religion
Facts:

The case concerns the religious exemption and accommodation to the contraceptive mandate under the Patient Protection and Affordable Care Act (“ACA”), which requires health insurance plans to provide coverage for contraception. Plaintiffs were religious organizations who claimed that covering contraception on employee health insurance violated their religious freedom. An exemption from the mandate was available …Read more

Tags: Contraception, Contraceptives, Family planning, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Subsidies
Download Judgment: English

King, et al. v. Burwell

Country: United States
Year: 2015
Court: Supreme Court
Citation: 576 U.S. ___ (2015)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to social security
Facts:

The Patient Protection and Affordable Care Act (“the Act”) advanced three key reforms to the U.S. health insurance market. First, it instituted insurance market regulations barring insurers from denying coverage or charging higher premiums to any individual based on health status. Second, it enacted a coverage mandate, requiring individuals to have health insurance or pay …Read more

Tags: Access to health care, Budget, Health expenditures, Health funding, Health insurance, Health regulation, Reimbursement, Subsidies
Download Judgment: English

Planned Parenthood of the Heartland, et al. v. Iowa Board of Medicine

Country: United States
Year: 2015
Court: Iowa Supreme Court
Citation: 865 N.W.2d 252 (Iowa 2015)
Health Topics: Health care and health services, Medicines, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

This case challenged rules adopted by the Iowa Board of Medicine (“Board”) regarding medicated abortions provided via telemedicine. Starting in 2008, doctors in Iowa at Planned Parenthood began performing abortions via telemedicine. The abortions were performed using mifepristone, a drug that that can be taken orally that terminates a pregnancy, and misoprostol, another oral drug …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Access to medicines, Access to treatment, Health care professionals, Health care technology, Health care workers, Maternal health, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Carter v. Canada (Attorney General)

Country: Canada
Year: 2015
Court: Supreme Court
Citation: 2015 SCC 5
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to life
Facts:

After Plaintiff Gloria Taylor was diagnosed with a terminal illness in 2009, she challenged the constitutionality of the Canadian Criminal Code Section 241(b), which prohibited assistance in dying. The trial court held that the law was unconstitutional and granted Taylor an exemption from the law. The Court of Appeal reversed, basing their decision on the …Read more

Tags: Cancer, Counseling, Disabled, Informed choice, Leukemia, Neurological diseases, Noncommunicable diseases, Palliative care, Patient choice, Suicide
Download Judgment: English

Allen v. Alberta

Country: Canada
Year: 2015
Court: Alberta Court of Appeal
Citation: 2015 ABCA 277
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to liberty and security of person, Right to life
Facts:

Mr. Allen was a dentist who required a back operation. A multi-year wait time to be treated within the Alberta health care system and increased pain forced Mr. Allen to sell his dental practice to pay for surgery in Montana (a state in the United States) instead of waiting an additional 18 months to have …Read more

Tags: Access to health care, Access to treatment, Budget, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Subsidies, Tertiary care
Download Judgment: English

Planned Parenthood of the Great Northwest v. Streur, et al.

Country: United States
Year: 2015
Court: Superior Court for the State of Alaska
Citation: No. 3AN-14-04711 CI (Alaska Super. 2015)
Health Topics: Health care and health services, Health systems and financing, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination
Facts:

The case concerned an Alaskan regulation that restricted low-income women from accessing medically necessary abortion care under Medicaid, in particular over the definition of “medically necessary” abortions. The Department of Health and Social Services (DHSS) had funded such abortions after a 2001ruling from the Supreme Court of Alaska struck down a regulation that restricted state-funded …Read more

Tags: Abortion, Access to health care, Access to treatment, Budget, Health expenditures, Health funding, Health regulation, Health spending, Indigent, Low income, Poor, Subsidies, Termination of pregnancy, Therapeutic abortion, Underprivileged
Download Judgment: English

Obergefell v. Hodges

Country: United States
Year: 2015
Court: Supreme Court
Citation: 576 U.S. ____ (2015); 135 S. Ct. 2584
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Facts:

The petitioners were same-sex couples from various U.S. states who challenged the constitutionality of bans on same-sex marriage in those states. They claimed that the bans violated the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution. The Due Process Clause protects individuals from the arbitrary denial of life, …Read more

Tags: Bisexual, Domestic partnership, Gay, Homosexual, Lesbian, LGBTI, Queer, Sexual orientation, Transgender
Download Judgment: English

Glossip et al. v. Gross et al.

Country: United States
Year: 2015
Court: Supreme Court
Citation: 576 U.S. __ (2015)
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

The state of Oklahoma adopted lethal injection as its method of execution for inmates on death row. The injection consisted of a three-drug protocol of (1) sodium thiopental (a barbiturate) to induce unconsciousness, (2) a paralytic agent to inhibit all muscular-skeletal movements, and (3) potassium chloride to induce cardiac arrest. The Supreme Court had previously ruled …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Detention, Execution, Imprisonment, Incarceration, Inhuman treatment, Jail, Torture
Download Judgment: English

Wong Ho Wing v. Peru

Country: Peru
Year: 2015
Court: Inter-American Court of Human Rights
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Wong Ho Wing, a Chinese citizen, was wanted by the judicial authorities of Hong Kong, China for smuggling, money laundering, bribery, and tax evasion. He was arrested at the Lima airport as he attempted to enter Peru from the United States. China and Peru had entered into an extradition treaty in 2001 that obligated both …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Custody, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Torture
Download Judgment: English

Looney v. Moore

Country: United States
Year: 2015
Court: District Court for the Northern District of Alabama
Citation: No. 2:13-CV-00733-KOB, 2015 WL 4773747 (N.D. Ala. Aug. 13, 2015)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Informed consent, Medical malpractice
Facts:

The infant Plaintiffs in this case were part of the Surfactant, Positive Pressure, and Oxygenation Randomized Trial (SUPPORT), a clinical research trial aimed at measuring the effects of oxygen saturation levels in premature infants with low birth weights, at the University of Alabama-Birmingham Hospital. For the trial, participants were randomly assigned into groups, and the …Read more

Tags: Child mortality, Children, Clinical trials, Inadequate treatment, Infant health, Infant mortality, Informed choice, Negligence, Neurological diseases, Non-consensual testing and treatment, Standard of care, Unauthorized treatment
Download Judgment: English

Hopkins v. Kay

Country: Canada
Year: 2015
Court: Ontario Court of Appeal
Citation: [2015] O.J. No. 751
Health Topics: Health information, Hospitals
Human Rights: Right to privacy
Facts:

A class of approximately 280 individuals whose medical records were improperly accessed by hospital staff filed suit against the hospital employees. The class alleged that the breaches the staff caused and the hospital’s failure to monitor and implement policies to protect the information led to a breach under the common law tort of intrusion upon …Read more

Tags: Confidentiality, Disclosure, Electronic health information, Electronic health records, Health data, Health records, Medical records, Public hospitals
Download Judgment: English

Bentley v. Maplewood Seniors Care Society

Country: Canada
Year: 2015
Court: Court of Appeal, British Columbia
Citation: 2015 BCCA 91
Health Topics: Aging, Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health
Facts:

Mrs. Bentley was an 83-year-old woman suffering from Alzheimer’s Disease. Mrs. Bentley had not spoken since 2010 and did not recognize anyone. In 1991 she had signed a directive that expressed her desire to be allowed to die and not be kept alive by artificial means or heroic measures in case there was no reasonable …Read more

Tags: Aged person, Diet, Elderly, Food, Health facilities, Incompetence, Long-term care, Mental competence, Neurological diseases, Patient choice, Unauthorized treatment
Download Judgment: English

McCullen v. Coakley

Country: United States
Year: 2014
Court: Supreme Court
Citation: 573 U.S. __ (2014)
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression
Facts:

The Commonwealth of Massachusetts amended its Reproductive Health Care Facilities Act (the “Act”), making it a crime to knowingly stand on a “public way or sidewalk” within 35 feet of an entrance or driveway to any abortion clinic. The Act exempted from this prohibition certain individuals, including “employees or agents of such facility acting within the scope …Read more

Tags: Abortion, Abortion counseling, Access to health care, Awareness, Clinics, Counseling, Health care professionals, Health care workers, Health facilities
Download Judgment: English

Burwell v. Hobby Lobby Stores, Inc.

Country: United States
Year: 2014
Court: Supreme Court
Citation: 573 U.S. ___ (2014)
Health Topics: Health systems and financing, Sexual and reproductive health
Human Rights: Freedom of religion
Facts:

The Patient Protection and Affordable Care Act of 2010 (ACA) imposed an obligation on certain employers to provide “‘preventive care and screenings’ for women without ‘any cost sharing requirements.’” Under that law, the Department of Health and Human Services (HHS) imposed a regulation that the preventive care includes 20 types of contraceptives. Four of those …Read more

Tags: Abortion, Birth control, Conscientious objection, Contraception, Contraceptives, Health funding, Health insurance, Health regulation, Out-of-pocket expenditures, Subsidy
Download Judgment: English

Rhoades v. Iowa

Country: United States
Year: 2014
Court: Supreme Court of Iowa
Citation: No. 12-0180
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Facts:

Rhoades was diagnosed with HIV in 1998 and began receiving treatment for the disease from the University of Iowa Hospitals and Clinics every three to six months beginning in 2005. In 2008, Rhoades was informed that his viral load was non-detectible. Later that year, he met A.P. on a social networking cite that listed Rhoades …Read more

Tags: Buggery, Condoms, Disclosure, Gay, HIV, HIV positive, HIV status, Homosexual, Non-disclosure, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs, Transmission
Download Judgment: English

S.C. v. Brazil

Country: Brazil
Year: 2014
Court: Committee on the Rights of Persons with Disabilities
Citation: Communication No. 10/2013; U.N. Doc. CRPD/C/12/D/10/2013
Health Topics: Chronic and noncommunicable diseases, Disabilities
Human Rights: Freedom from discrimination, Right to work
Facts:

A Brazilian national, S.C., worked as a teller at a state-run bank. S.C. was involved in three motorcycle accidents, in 2006, 2007, and 2009. She underwent surgery in 2008 after the second accident. She took medical leave in 2009. Under the bank’s internal policy, she was required to return from medical leave within three months …Read more

Tags: Disabled, Handicapped, Noncommunicable diseases, Physically challenged
Download Judgment: English

Case of Angel Alberto Duque (Report on the merits)

Country: Colombia
Year: 2014
Court: Inter-American Commission on Human Rights
Citation: Report No. 5/14
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to social security
Facts:

Duque and his same-sex partner lived together as a couple for over ten years, until his partner died from AIDS. Four years prior to the death, Duque was diagnosed with HIV and was being treated under support from his partner. When his partner died, Duque asked the COLFONDOS (the pension service) to ask what requirements …Read more

Tags: Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Domestic partnership, Gay, Health expenditures, Health funding, Health spending, HIV, HIV positive, Homosexual, LGBTI, Low income, Out-of-pocket expenditures, People living with HIV/AIDS, PLHIV, Poor, Queer, Sexual orientation, Social security
Download Judgment: English Spanish

Hamilton Health Sciences Corp. v. D.H., et al.

Country: Canada
Year: 2014
Court: Ontario Court of Justice
Citation: 2014 ONCJ 603; 2015 ONCJ 229
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Medicines
Human Rights: Right to bodily integrity
Facts:

The applicant hospital sought a declaration that J.J., an 11-year-old girl, was a child in need of protection under the Child and Family Services Act (“CFSA”). J.J. was diagnosed with acute lymphoblastic leukemia (“ALL”). If treated with chemotherapy, J.J.’s physicians believed that she had a 90-95% chance of being cured. The physicians were not aware …Read more

Tags: Cancer, Children, Indigenous groups, Indigenous medicine, Leukemia, Minor, Pediatric health, Traditional medicine
Download Judgment: English

Hall v. Florida

Country: United States
Year: 2014
Court: Supreme Court
Citation: 572 U.S. ___ (2014); 134 S.Ct. 1986
Health Topics: Disabilities, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The petitioner and his accomplice kidnapped, beat, raped, and murdered a pregnant woman before driving to a convenience store, which they planned to rob. In the parking lot of the store, they killed a sheriff’s deputy who attempted to apprehend them. The petitioner received the death penalty for both murders. He argued that he could …Read more

Tags: Cruel and unusual punishment, Execution, Mental competence, Mental retardation
Download Judgment: English

I.V. v. Bolivia (Merits)

Country: Bolivia
Year: 2014
Court: Inter-American Commission on Human Rights
Citation: Report No. 72/14, Case 12.655; Merits I.V. BOLIVIA; August 15, 2014
Health Topics: Informed consent, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life, Right to privacy
Facts:

I.V. went to a hospital for a cesarean section and was sterilized by her doctor. She alleged that the only questions that the doctor had asked her before the procedure were where she had her first cesarean section and whether she had previously had an infection. I.V. maintained that she was not given any information …Read more

Tags: Compulsory sterilization, Compulsory treatment, Forced sterilization, Forced treatment, Health care professionals, Informed choice, Involuntary sterilization, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
Download Judgment: English Spanish

R. v. Hutchinson

Country: Canada
Year: 2014
Court: Supreme Court of Canada
Citation: 2014 SCC 19
Health Topics: Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity
Facts:

The complainant agreed to sexual activity with Mr. Hutchinson, and insisted on him using a condom to prevent her from getting pregnant. However, Mr. Hutchinson poked holes in the condom and the complainant became pregnant. The complainant stated that she did not consent to unprotected sex. Mr. Hutchinson was charged with aggravated sexual assault. The …Read more

Tags: Birth control, Contraception, Contraceptives, Pregnancy, Sexual assault
Download Judgment: English

K., C. N. v. OSECAC

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte suprema de Justicia de la Nación Argentina]
Citation: K. 12. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights protection (amparo protection) against the Health Insurance of Commerce and Civil Activities Employees (Obra Social de los Empleados de Comercio y Actividades Civiles – OSECAC) to condemn coverage of all expenditures that could arise from reproductive assisted therapy in the egg donation process. The First …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Health funding, Health insurance, Health regulation
Download Judgment: Spanish

B., A. S. et al. v. DIBA

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación]
Citation: B. 280. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Security and Health Office of the Navy [DIBA – Dirección de Salud y Acción Social de la Armada] to condemn coverage for all expenditures that could arise from a reproductive assisted treatment in the PROAR Medical Institute, limiting the …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, sexual and reproductive rights
Download Judgment: Spanish

V., C. G. v. I. A. P. O. S.

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación]
Citation: V. 118. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life, Right to social security
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the IAPOS (Instituto Autárquico Provincial de Obras Sociales) to provide coverage for all expenditures that could arise from a reproductive assisted treatment and to cover the amounts paid for such treatment. The First Instance Civil and Commercial Court granted the amparo protection. …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Assisted reproductive technology, Health regulation, Health spending, Pregnancy
Download Judgment: Spanish

Agency for International Development v. Alliance for Open Society International, Inc.

Country: United States
Year: 2013
Court: Supreme Court
Citation: 570 U.S. ___ (2013)
Health Topics: Health systems and financing, HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom of expression
Facts:

The United States Leadership against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Leadership Act), 22 U.S.C. §7601 set forth a strategy to globally combat the spread of HIV/AIDS. Congress authorized the appropriation of billions of dollars to fund efforts by nongovernmental organizations working in this area. The Leadership Act’s conditions stated that: (1) No funds …Read more

Tags: Access to health care, Access to treatment, AIDS, Contraception, Contraceptives, Health expenditures, Health funding, Health spending, HIV, Most-at-risk, People living with HIV/AIDS, PLHIV, Sex workers, Transmission
Download Judgment: English

Canada (Attorney General) v. Bedford

Country: Canada
Year: 2013
Court: Supreme Court
Citation: 2013 SCC 72
Health Topics: Occupational health, Poverty, Violence
Human Rights: Right to favorable working conditions, Right to liberty and security of person, Right to work
Facts:

Three applicants, who were all current or former prostitutes, challenged the constitutionality of three provisions of the Criminal Code, R.S.C. 1985. The three provisions outlawed “bawdy-houses” (also referred to as brothels), “living on the avails” (living off of a prostitutes profits), and public communication with prostitutes. Prostitution was legal in Canada, however, Parliament was allowed …Read more

Tags: Assault, Criminalization, Indigent, Job safety, Occupational hazards, Occupational health and safety, Poor, Rape, Safe working conditions, Sex workers, Sexual assault, Sexual violence, Violence against women
Download Judgment: English French
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