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17 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

X v. Germany

Country: Germany
Year: 2018
Court: The European Court of Human Rights
Citation: App. No. 54646/17
Health Topics: Prisons, Public safety
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence
Facts:

The applicant, a Russian national, arrived in Germany in 2002. In 2002 and 2011, the competent domestic authorities denied the applicant’s asylum requests. In 2012, the applicant was granted a residence permit, which was later prolonged until March 2018. In 2014, the Federal Office for the Protection of the Constitution investigated the applicant due to …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detention, Execution, Forced disappearance, Inhuman treatment, Terrorism, Torture
Download Judgment: English

Wenner v. Germany

Country: Germany
Year: 2016
Court: European Court of Human Rights
Citation: no. 62303/13, § 59, ECHR 2016
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Public safety
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

The applicant has been a heroin addict since 1973, suffered from hepatitis C since 1975 and been HIV-positive since 1988. Attempts to overcome his heroin addiction through various treatments failed, and from 1991 to 2008 he was treated with drug substitution therapy. In 2008, the applicant was arrested on suspicion of drug trafficking and detained …Read more

Tags: Access to drugs, Access to health care, Access to treatment, Addiction, Cocaine, Drug safety, Drug use, Examination, Heroin, HIV, HIV/AIDS, Imprisonment, Incarceration, People living with HIV/AIDS, People who use drugs, Rehabilitation, Substance abuse
Download Judgment: English

Aurnhammer v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 36356/10
Health Topics: Health care and health services, Hospitals, Medicines, Mental health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
Facts:

On August 19, 2004, Mr. Veit Aurnhammer was convicted by the Regensburg Juvenile District Court of causing bodily harm and damage to property after he struck two ticket collectors in the face when they tried to prevent him from evading ticket controls. Aurnhammer was further convicted of dangerous bodily injury after attacking his sleeping cellmate …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Psychiatry, Schizophrenia
Download Judgment: English

Zierd v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 75095/11
Health Topics: Health care and health services, Hospitals, Medicines, Mental health
Human Rights: Right to bodily integrity
Facts:

Ms. Rosel Zierd filed an application claiming that the psychiatric medication administered against her late son’s will violated her own and her late son’s Convention rights. On May 31, 2006, Ms. Zierd’s son, H, was found by the Meiningen Regional Court to have committed a number of traffic offenses, including involuntary manslaughter. The court determined …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Suicide
Download Judgment: English

Traube v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: Application No. 28711/10
Health Topics: Environmental health
Human Rights: Right to a clean environment
Facts:

Traube, the applicant is a German national owning and operating a farm located in Salzgitter-Bleckenstedt. In 1991, a plan-approved procedure was opened for the transformation of an iron ore mine near the applicant’s farm to be transformed into a nuclear waste repository for the final disposal of low-level and intermediate-level radioactive waste. The plans were …Read more

Tags: Environmental hazards, Nuclear radiation, Nuclear waste, Radiation, Toxic waste
Download Judgment: English

Gray v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: Application no. 49278/09
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Medicines
Human Rights: Right to life
Facts:

The applicants are brothers whose father died after being treated by a German doctor for acute pain due to kidney stones. The doctor had ben recruited by a private agency to provide medical services for the National Health Services (NHS). The doctor was suspended by the private agency and returned to Germany. The doctor had …Read more

Tags: Access to treatment, Clinics, Compensation, Damages, Drug safety, Duty of care, Emergency care, Health facilities, Inappropriate treatment, Negligence, Non-pecuniary damage, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English

Case of Koch v. Germany

Country: Germany
Year: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1621
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The applicant’s late wife suffered from total sensorimotor quadriplegia. The couple requested the German Federal Institute for Drugs and Medical Devices (the “Federal Institute”) grant her authorization to obtain a lethal dose of pentobarbital of sodium so she could commit suicide. The Federal Institute refused the request on the grounds that the German Narcotics Act …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Differently abled, Disabled, Drug use, Handicapped, Harm reduction, Neurological diseases, Noncommunicable diseases, Pharmaceuticals, Physically challenged
Download Judgment: English

Gerhard Schultz-Hoff v. Deutsche Rentenversicherung Bund; Stringer and Others v. Her Majesty’s Revenue and Customs

Country: Germany, United Kingdom
Year: 2009
Court: European Court of Justice
Citation: Joined Cases C-350/06 and C-520/06
Health Topics: Disabilities, Occupational health
Human Rights: Right to work
Facts:

Mr. Schultz-Hoff, an employee of Deutsche Rentenversicherung Bund (DRB) with a recognized disability, became unfit to work in September 2004 and was on continuous sick leave until the termination of his employment on September 30, 2005. On May 13, 2005, during his sick leave, Mr. Schultz-Hoff requested that he take his remaining paid annual leave …Read more

Tags: Disabled, Employment, Social security, Workers' compensation
Download Judgment: English

COLAK AND TSAKIRIDIS v. GERMANY

Country: Germany
Year: 2009
Court: European Court of Human Rights
Citation: Case of Colak and Tsakiridis v. Germany, Applications nos. 77144/01 and 35493/05. Strasbourg, 5 March 2009.
Health Topics: Health information, HIV/AIDS, Infectious diseases, Medical malpractice
Human Rights: Right to due process/fair trial, Right to family life, Right to life, Right to privacy
Facts:

The first applicant (“the applicant”) was born in 1968 and lives in Wiesbaden. In December 1992 the applicant’s companion found out that he was suffering from cancer and AIDS. He informed the applicant about the cancer but concealed his AIDS infection. On 21 January 1993 he informed their family physician about his diseases but forbade him to …Read more

Tags: Health care professionals, HIV/AIDS, Medical malpractice, Right to Fair Trial, Right to Life, Right to Privacy
Download Judgment: English

Jalloh v. Germany

Country: Germany
Year: 2006
Court: European Court of Human Rights
Citation: App. No. 54810/00, 44 Eur. H.R. Rep. 32 (2007).
Health Topics: Controlled substances, Informed consent
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to privacy
Facts:

Jalloh brought an action before the European Court of Human Rights (the Court), arguing that the administration of emetics by force by German officials had constituted a serious interference with his physical integrity and posed a serious threat to his health and life. Jalloh was a suspected drug dealer who was arrested by the police …Read more

Tags: Cocaine, Compulsory treatment, Cruel treatment, Degrading treatment, Drug enforcement, Forced treatment, Inhuman treatment, Involuntary treatment, Mandatory treatment, Morphine, Non-consensual testing and treatment, Torture
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Storck v. Germany

Country: Germany
Year: 2005
Court: European Court of Human Rights
Citation: Storck v. F.R.G., App. No. 61603/00, 43 Eur. H.R. Rep. 96 (2005).
Health Topics: Disabilities, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Applicant, a German national, alleged violations under Article 5 (right to liberty and security of person), Article 6 § 1 (right to a fair hearing) and Article 8 (right to respect for his private and family life) of the European Convention on Human Rights concerning her involuntary placement and medical treatment in a private clinic …Read more

Tags: Compensation, Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Damages, Disabled, Forced examination, Forced treatment, Inappropriate treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory testing, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Non-consensual testing and treatment, Paranoia, Psychiatry, Psychosis, Schizophrenia
Download Judgment: English French German

Van Kück v. Germany

Country: Germany
Year: 2003
Court: European Court of Human Rights
Citation: Application No. 35968/97; (2003) 37 EHRR 51
Health Topics: Health care and health services, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The applicant was registered as a male at birth. In 1991, The District Court granted the applicant’s request to change her forenames to Carola Brenda after hearing from several psychiatric and psychological experts who determined that the applicant was a male-to-female transsexual and had been for the last three years living as a female. In …Read more

Tags: Access to treatment, Counseling, Gender identity, Gender identity disorder, Gender reassignment, Health insurance, Hormone therapy, Infertility, LGBTI, Mental disorder, Mental illness, Out-of-pocket expenditures, Psychology, Reimbursement, Sex reassignment, Transgender, Transsexual
Download Judgment: English French

Case of Van Kuck v. Germany

Country: Germany
Year: 2003
Court: The European Court of Human Rights
Citation: Applications no. 35968/97
Health Topics: Health care and health services, Health systems and financing, Medicines, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The applicant instituted proceedings before the District Court to change her forename to Carola Brenda. The District Court held that the conditions under the Transsexuals Act were met and granted the request in 1991. In 1992, the applicant brought an action against a German health insurance company. She claimed reimbursement for hormone therapy and sex-reassignment …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Gender identity, Gender reassignment, Health funding, Health insurance, Hormone therapy, Pharmaceuticals, Reimbursement, Sex reassignment, Social security, Transgender, Transsexual
Download Judgment: English

Elsholz v. Germany

Country: Germany
Year: 2000
Court: European Court of Human Rights
Citation: App. No. 25735/94, Eur. Ct. H.R. 371 (2000).
Health Topics: Child and adolescent health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to privacy
Facts:

The applicant, a German national was the acknowledged and supporting father of the child, C., born out of wedlock. Five years later the mother refused visits by applicant to his son and mediation attempts failed. The applicant unsuccessfully filed an application to the Mettmann District Court (Amtsgericht) for an order granting him a right of …Read more

Tags: Child development, Children, Minor
Download Judgment: English German

Janssen v. Germany

Country: Germany
Year: 1999
Court: European Court of Human Rights
Citation: App. No. 23959/94, 2001 Eur. Ct. H.R. 879 (2001).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Occupational health
Human Rights: Right to due process/fair trial
Facts:

German applicants filed a claim alleging violation of Article 6 § 1 (right to fair trial) of the Convention by the German courts when the case their mother commenced regarding her asbestos dust-related lung disease was not heard within a reasonable amount of time. The husband of the original plaintiff, Mrs. Gretel Janssen, worked as …Read more

Tags: Asbestos, Health insurance, Industrial hygiene, Lung disease, Occupational disease, Occupational hazards, Occupational health and safety, Pulmonary diseases, Reimbursement, Respiratory diseases, Safe working conditions, Workers' compensation
Download Judgment: English

Megyeri v. Germany

Country: Germany
Year: 1992
Court: European Court of Human Rights
Citation: App. No. 13770/88, 15 Eur. H.R. Rep. 584 (1993).
Health Topics: Health care and health services, Mental health
Human Rights: Right to due process/fair trial, Right to health, Right to liberty and security of person
Facts:

The applicant, a Hungarian citizen living in Germany, was detained in a psychiatric hospital based on the finding that he had performed acts which constituted criminal offences but for which he could not be held responsible because he was mentally disabled. The applicant instituted numerous proceedings concerning the review of his detention without representation by …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mental disability, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Schizophrenia
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Brüggemann and Scheuten v. Germany

Country: Germany
Year: 1977
Court: European Commission on Human Rights
Citation: Brüggemann v. F.R.G., App. No . 6959/75, 3 Eur. H.R. Rep. 244 (1977).
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of association, Freedom of religion, Right to family life, Right to life, Right to privacy
Facts:

In 1975, the Constitutional Court of Germany struck down a law that decriminalized abortion in the first trimester of pregnancy. The applicants claimed that the resulting amendment to the German criminal code, which criminalized abortion (except under certain circumstances) in the first trimester of pregnancy violated Article 8 (right to a private life) of the European Convention on …Read more

Tags: Abortion, Access to health care, Access to treatment, Childbirth, Contraception, Contraceptives, Criminalization, Family planning, Pregnancy, Termination of pregnancy
Download Judgment: English