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18 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

I.F. v. Mental Health Tribunal and Ors.

Country: Ireland
Year: 2018
Court: Court of Appeal
Citation: [2018] IECA 101
Facts:

The applicant, Ms. F, a woman in her early 60’s had a history of mental illness, was recommended by Ireland’s National Police and Security Service for an approved center (Mental Health Center), when it came to the fore that she has allegedly threatened her neighbor with a knife. The recommendation was made by a general …Read more

Tags: Informed consent, Mental health, Right to Liberty and Security of Person
Download Judgment: English

AN v. The Minister for Health & Children

Country: Ireland
Year: 2015
Court: High Court of Ireland
Citation: [2015] IEHC 396 (Ir.)
Health Topics: Infectious diseases
Human Rights: Right to due process/fair trial
Facts:

The appellant was diagnosed as a carrier of hemophilia A as an infant. Since she was a factor VII deficient, she had to get factor replacement therapy to cover any surgical or dental operation. The appellant was treated with a variety of blood products in the course of her childhood and teenage years including a …Read more

Tags: Blood transfusion, Compensation, Hepatitis
Download Judgment: English

A.M. V. The Minister For Health

Country: Ireland
Year: 2015
Court: High Court
Citation: [2015] I.E.H.C. 660
Health Topics: Infectious diseases, Medical malpractice, Mental health
Human Rights: Right to health
Facts:

This case is an appeal from an award of damages granted to the appellant pursuant to the Hepatits C Compensation Tribunal Acts. The appellant contracted hepatitis C in 1977 after being given an anti D injection that “came from a batch infected with hepatitis C.” In 1998, pursuant to the Hepatitis C Compensation Tribunal Acts, …Read more

Tags: Compensation, Hepatitis, Mental competence, Negligence, Remedies
Download Judgment: English

P.P. v. Health Service Executive

Country: Ireland
Year: 2014
Court: High Court of Ireland
Citation: [2014] IEHC 622
Facts:

The plaintiff, P.P., was the father of N.P., a pregnant woman who was admitted to the defendant hospital situated outside Dublin after experiencing severe headache and nausea. Two days later of being admitted, N.P. suffered a fall and was found unresponsive. She was later transferred to a Hospital in Dublin who advised the plaintiff that …Read more

Download Judgment: English

Mellet v. Ireland

Country: Ireland
Year: 2013
Court: Human Rights Committee
Citation: CCPR/C/116/D/2324/2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Health systems and financing, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to health, Right to privacy
Facts:

The author of the communication stated that she became pregnant in 2011 and in her 21st week, she was informed that the foetus had congenital heart defects. She was further informed that the impairment might prove to be fatal. However the hospital told her that abortion was not possible in the current jurisdiction (Ireland) and …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Access to treatment, Awareness, Children, Clinics, Freedom of information, Health expenditures, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Infant health, Infant mortality, Minor, Out-of-pocket expenditures, Pediatric health, Private hospitals, Public hospitals, Reimbursement, Termination of pregnancy, Trauma
Download Judgment: English

R.C. v. Minister of Health & Children

Country: Ireland
Year: 2012
Court: High Court of Ireland
Citation: 2012 [IEHC] 204
Health Topics: Health systems and financing, HIV/AIDS, Infectious diseases
Human Rights: Right to health
Facts:

This case was about whether a woman who contracted HIV infection from her partner qualified for compensation under Section 4(1)(g) of the Hepatitis C Compensation Act 1997 (the “Act”) as a spouse. R.C. was a 26-year-old woman, who had been diagnosed positive for HIV, and A.F. was her partner who had been compensated by the …Read more

Tags: Health funding, HIV, HIV positive, People living with HIV/AIDS, Sexually transmitted diseases, Transmission
Download Judgment: English

Kinsella v. Governor of Mountjoy Prison

Country: Ireland
Year: 2011
Court: [2011] IEHC 235
Citation: [2011] IEHC 235
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

Kinsella, a prisoner in an Irish prison who alleged that his constitutional rights were violated by being placed in unlawful and inhuman prison conditions. While awaiting sentencing for a theft charge, Mr. Kinsella was a remand prisoner at Cloverhill Prison, where he shared a cell with three other prisoners in humane conditions. But after his …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detention, Humiliating treatment, Incarceration, Inhuman treatment, Inmate, Prison conditions, Solitary confinement
Download Judgment: English

A, B and C v. Ireland

Country: Ireland
Year: 2010
Court: European Court of Human Rights
Citation: A, B, and C v. Ir., App. No. 25579/05, Eur. Ct. H.R. 2032 (2010).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy
Facts:

Three applicants, two Irish nationals and one Lithuanian national, travelled to the United Kingdom in 2005 to have an abortion, each applicant believing they were not entitled to an abortion in Ireland. The first applicant decided to have an abortion to avoid jeopardizing her chances of reuniting her four previous children who were in foster …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to drugs, Access to health care, Access to medicines, Access to treatment, Awareness, Cancer, Criminalization, Degrading treatment, Depression, Family planning, Freedom of information, Health care professionals, Health care workers, Health education, Health regulation, Humiliating treatment, Noncommunicable diseases, Pregnancy, Suicide, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Agbonlahor, et al. v. Minister for Justice

Country: Ireland
Year: 2007
Court: High Court
Citation: [2007] I.E.H.C. 166 (April 18, 2007)(Ir.).
Health Topics: Child and adolescent health, Mental health, Violence
Human Rights: Right to privacy
Facts:

A Nigerian woman, applied on behalf of herself and her two children for refugee status in Ireland. The woman had arrived in Italy with her husband in 1996 and her two children were born there. The applicant’s husband was a writer and she claimed that because of her husband’s piece on a Nigerian “drug baron” …Read more

Tags: Asylum, Child development, Children, Mental disability, Mental disorder, Minor, Refugees
Download Judgment: English

In the matter of Article 26 of the Constitution and the Health (Amendment) (No.2) Bill 2004

Country: Ireland
Year: 2005
Court: Supreme Court of Ireland
Citation: [2005] I.E.S.C. 7 (Ir.)
Health Topics: Aging, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
Facts:

The Health (Amendment) (No.2) Bill of 2004 was referred to the Supreme Court for review. Primarily the Supreme Court was asked to analyse the constitutional validity of the bill. Amendment to Section 53 of the Act imposed certain charges mostly on elderly people with limited means for in-patient treatment by public health services. Further, the …Read more

Tags: Access to health care, Access to treatment, Aged persons, Budget, Clinics, Elderly, Health expenditures, Health facilities, Health funding, Older persons, Public hospitals, Senior citizens, Social security
Download Judgment: English

Case of D.G. v. Ireland

Country: Ireland
Year: 2002
Court: European Court of Human Rights
Citation: ECHR no. 39474/98 (16 May 2002)
Health Topics: Child and adolescent health, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to housing, Right to liberty and security of person
Facts:

The applicant was a minor who alleged that his detention in a penal institution and by failing to provide him with suitable care and accommodation violated domestic Irish law and the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”). The applicant had been in the care of the Eastern Health Board …Read more

Tags: Child development, Children, Custody, Humiliating treatment, Mental institution
Download Judgment: English

Croke v.Ireland

Country: Ireland
Year: 2000
Court: The European Court of Human Rights
Citation: [2000] EHCR 33267/96
Health Topics: Health care and health services, Hospitals, Mental health
Human Rights: Right to liberty and security of person
Facts:

The applicant, Mr. Croke filed a complaint under Article of the European Convention on Human Rights about the absence of an independent and automatic review prior to or immediately after his initial detention in a psychiatric hospital and about the absence of a periodic, independent and automatic review of his detention thereafter. In the early …Read more

Tags: Compulsory commitment, Compulsory confinement, Heath facilities, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental illness, Mental institution, Psychiatry. Mental disorder
Download Judgment: English

Open Door and Dublin Well Women v. Ireland

Country: Ireland
Year: 1992
Court: European Court of Human Rights
Citation: Application No. 14234/88 and 14235/88; (1993) 15 EHRR 244; [1992] ECHR 68; (1992) 246 Eur. Ct. H.R. (ser A)
Health Topics: Health care and health services, Health information, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Right of access to information, Right to life, Right to privacy
Facts:

The Applicants were two Irish companies that provided counseling to pregnant women, Open Door Counselling Ltd. and Dublin Well Woman Centre Ltd.; two counselors who worked for Dublin Well Woman, Bonnie Maher and Ann Downes; and two women of childbearing age, Mrs. X and Mrs. Geraghty. The Society for the Protection of Unborn Children brought …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Advertising, Awareness, Childbirth, Criminalization, Family planning, Freedom of information, Health promotion, Maternal health, Maternal mortality, Notification, Pregnancy, Termination of pregnancy, Therapeutic abortion, Unsafe abortion
Download Judgment: English French Russian

Attorney General v. X

Country: Ireland
Year: 1992
Court: Supreme Court
Citation: [1992] 1 IR 1 (5th March, 1992)
Health Topics: Child and adolescent health, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom of movement and residence, Right to bodily integrity, Right to life
Facts:

The first defendant was a fourteen and a half year old girl who became pregnant after being raped by a family friend. Her parents (second and third defendants) reported the rape to the police and inquired whether there was a process available to test the paternity of the fetus before the defendants aborted the pregnancy …Read more

Tags: Abortion, Child development, Children, Criminalization, Depression, Maternal health, Maternal mortality, Minor, Molestation, Pediatric health, Pregnancy, Rape, Sexual abuse, Sexual assault, Sexual violence, Suicide, Termination of pregnancy, Therapeutic abortion, Violence against women
Download Judgment: English

The Society for the Protection of Unborn Children Ireland Ltd. v. Grogan

Country: Ireland
Year: 1991
Court: European Court of Justice
Citation: [1991] ECR 1-4733
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom of expression, Right of access to information
Facts:

The plaintiff, the Society for the Protection of Unborn Children, an Irish company whose purpose was to prevent the decriminalization of abortion, brought a suit against the defendants, including Stephen Grogan and fourteen other officers of Irish student organizations, for their distribution of “specific information relating to the identity and location of clinics” in other …Read more

Tags: Abortion, Access to healthcare, Advertising, Awareness, Clinics, Criminalization, Health care professionals, Health education, Pregnancy; Termination of pregnancy
Download Judgment: English

Norris v. Ireland

Country: Ireland
Year: 1988
Court: European Court of Human Rights
Citation: Application No. 10581/83; (1988) 13 EHRR 186; [1988] ECHR 22
Health Topics: Mental health, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The appellant, Mr. Norris, complained against the laws in Ireland which criminalized consensual homosexual acts (the impugned provisions). The applicant was a gay Irish citizen and gay rights advocate who claimed to suffered deep depression and loneliness arising from his inability to express his sexuality. He gave evidence of certain health and other detrimental effects …Read more

Tags: Buggery, Criminalization, Depression, Gay, Homosexual, Humiliating treatment, Isolation, LGBTI, Queer, Sexual orientation, Sodomy
Download Judgment: English Bulgarian French

X. v. Ireland

Country: Ireland
Year: 1976
Court: European Commission on Human Rights
Citation: Application No. 6839/74
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
Facts:

The applicant argued that the refusal of the authorities to give her disabled daughter a medical card constituted a breach of her daughter’s right to life guaranteed by Article 2 (right to life) of the European Convention of Human Rights (“the Convention”). The applicant’s daughter suffered from a serious deformation of the larynx, which prevented …Read more

Tags: Access to health care, Access to treatment, Children, Disabled, Handicapped, Health funding, Health insurance, Infant health, Minor, Noncommunicable diseases, Pediatric health, Physically challenged
Download Judgment: English French

X. v. Ireland

Country: Ireland
Year: 1970
Court: European Commission on Human Rights
Citation: Application No. 3717/68
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

Applicant, a stateless person with a Swedish alien’s passport, was arrested in Scotland on suspicion of committing murder in Ireland. Applicant was taken to Ireland, convicted of murder, and sentenced to penal servitude for life. Applicant claimed that his trial was “rigged and fixed” as a result of a conspiracy between the judge, his own …Read more

Tags: Abuse, Access to treatment, Custody, Diet, Food, Hunger strike, Imprisonment, Inadequate treatment, Incarceration, Inmate, Jail, Migrants, Prison conditions, Skin disease
Download Judgment: English