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8 judgments found.


Black et al. v. City of Toronto

Country: Canada
Year: 2020
Court: Ontario Superior Court of Justice
Citation: 2020 ONSC 6398
Health Topics: Chronic and noncommunicable diseases, Sexual and reproductive health, Water, sanitation and hygiene
Facts:

A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

Tags: Access to healthcare, Access to treatment, Addiction, Chronic and noncommunicable diseases, Cleanliness, Depression, Diabetes, Disabled, Drug abuse, drug users, Health care and health services, Infectious diseases, Influenza, Mental health, Noncommunicable diseases, Opioids, People who use drugs, Poverty, Public safety, Pulmonary diseases, Respiratory diseases, Safe drinking water, Sexual and reproductive health, Sexual harassment, Substance abuse, violence, water sanitation and hygiene
Download Judgment: English

Thompson v Ontario (Attorney General)

Country: Canada
Year: 2016
Court: Ontario Court of Appeal
Citation: 2016 ONCA 676
Facts:

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

Tags: Community-based care, Compulsory commitment, Compulsory examination, Compulsory treatment, Forced examination, Forced treatment, Health care and health services, Incapacity, Informed choice, Informed consent, Involuntary examination, Mental competence, Mental disability, Mental disorder, Mental health, Mental institution, Psychiatry, Public safety, Schizophrenia
Download Judgment: English

Mshengu and Others v. Msunduzi Local Municipality and Others

Country: South Africa
Year: 2019
Court: HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL DIVISION, PIETERMARITZBURG
Citation: [2019] 4 All SA 469 (KZP)
Facts:

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

Tags: Clean water, Cleanliness, Indigent, Potable water, Safe drinking water, Sewage, Waste, Waste management
Download Judgment: English

Krajnc v. Slovenia

Country: Slovenia
Year: 2018
Court: European Court of Human Rights
Citation: no. 38775/14, § 2, ECHR 2018
Human Rights: Right to property, Right to social security
Facts:

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

Tags: Disabilities, Health systems and financing
Download Judgment: English

Transgender Europe and ILGA-Europe v. the Czech Republic

Country: Czech Republic
Year: 2018
Court: European Committee of Social Rights
Citation: Complaint No. 117/2015
Facts:

Transgender Europe and ILGA-Europe, the petitioners, filed a complaint before the European Committee of Social Rights (hereinafter “the Committee”). The plaintiffs alleged before the Committee that the situation in the Czech Republic was in breach of art.11 either alone or in light of the non-discrimination clause of the Preamble to the 1961 European Social Charter …Read more

Tags: Freedom from Discrimination, Health care and health services, Informed consent, Right to bodily integrity, Right to Health, Sexual and reproductive health
Download Judgment: English

Case of Dubská and Krejzová v. The Czech Republic

Country: Czech Republic
Year: 2016
Court: The European Court of Human Rights
Citation: Applications nos. 28859/11 and 28473/12
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to health, Right to privacy
Facts:

Ms. Šárka Dubská and Ms. Alexandra Krejzová brought an action against the Czech Republic, claiming that Czech legislation violated the right to private life provided by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms by effectively prohibiting health professionals, including midwifes, from assisting in home births. Czech legislation required …Read more

Tags: Access to health care, Childbirth, Health regulation, Maternal health, Midwifery, Pregnancy
Download Judgment: English

European Roma and Travellers Forum (ERTF) v. the Czech Republic

Country: Czech Republic
Year: 2016
Court: European Committee of Social Rights
Citation: Complaint No. 104/2014
Facts:

The complainant, European Roma and Travellers Forum (ERTF), filed a complaint against the respondent, the Czech Republic, alleging violation of Article 16 of the European Social Charter, 1961, which provides for right of the family to social, legal and economic protection, on the grounds that Roma people suffered from a lack of accessible housing, residential …Read more

Tags: Child and adolescent health, Freedom from Discrimination, Health care and health services, Health information, Health systems and financing, Infectious diseases, Poverty, Right to a Clean Environment, Right to Health, right to housing, Right to water and sanitation, sanitation and hygiene, Water
Download Judgment: English

Dubska and Krejzova v. The Czech Republic

Country: Czech Republic
Year: 2014
Court: European Court of Human Rights
Citation: Application Nos. 28859/11 and 28473/12
Health Topics: Sexual and reproductive health
Human Rights: Right to health, Right to privacy
Facts:

Ms. Sarka Dubska and Ms. Alexandra Krejzova sued the Government of the Czech Republic, alleging that a Czech law forbidding health professionals from attending home births was in violation of the right to private life as provided for in Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). Dubska …Read more

Tags: Childbirth, Maternal health, Midwifery, Pregnancy
Download Judgment: English

Sykora v. Czech Republic

Country: Czech Republic
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 23419/07; [2012] ECHR 1960
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Milan Sykora, a Czech national, suffered from a psycho-social disability and did not take his medication because he claimed it negatively affected his eyesight. In November 2000 the Brno Municipal Court deprived Sykora of his capacity to make legal decisions after he failed to collect his pension for four years. The decision was made based …Read more

Tags: Compulsory commitment, Compulsory examination, Compulsory testing, Compulsory treatment, Forced examination, Forced treatment, Health care professionals, Health care workers, Incapacity, Involuntary commitment, Involuntary examination, Involuntary testing, Involuntary treatment, Mandatory commitment, Mandatory examination, Mandatory testing, Mandatory treatment, Mental competence, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Paranoia, Patient choice, Psychiatry, Psychosis, Schizophrenia, Unauthorized treatment
Download Judgment: English

Eremiášová and Pechová v. The Czech Republic

Country: Czech Republic
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 23944/04
Health Topics: Prisons
Human Rights: Right to life
Facts:

V.P., the partner of the first applicant and son of the second applicant, was arrested for suspected burglary. At the Police Department he was charged with illegal entry into a house and theft. According to official reports, after V.P. signed the notice of charges, he asked to use the toilet. He was accompanied to the …Read more

Tags: Custody, Detainee, Detention, Imprisonment, Incarceration, Inmate, Jail, Law enforcement, Police
Download Judgment: English

Bures v The Czech Republic

Country: Czech Republic
Year: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1819
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Hospitals, Informed consent, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

This case concerned an application against the Czech Republic lodged with the European Court of Human Rights (ECHR) under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The applicant alleged that he was ill-treated in a sobering-up centre in violation of Article 3 of the Convention, and …Read more

Tags: Compulsory commitment, Compulsory treatment, Controlled substances, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hospitals, Informed consent, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mental disability, Mental health, Mental institution, Neurological diseases, Psychiatry, Psychology, Psychosis, Psychotropic drugs, Rehabilitation, Torture
Download Judgment: English

Drbal v. Czech Republic

Country: Czech Republic
Year: 1994
Court: United Nations Human Rights Committee
Citation: Communication No 498/1992
Health Topics: Child and adolescent health, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to family life
Facts:

Drbal (D) had not complied with a court order giving custody of his daughter to her mother because, in his view, she was mentally ill and aggressive. An attempt to take away the child by force had also failed. He complained about the bias of the court’s chairman and the disregard of the medical evidence …Read more

Tags: Child development, Children, Domestic abuse, Mental disorder, Minor
Download Judgment: English