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227 judgments found.


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

Kings College Hospital NHS Foundation Trust v. C and V

Country: United Kingdom
Year: 2015
Court: Court of Protection
Citation: [2015] EWCOP 80
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity
Facts:

The Kings College Hospital challenged respondent C’s ability to decide to end life-saving treatment, effectively choosing to die, by alleging that she lacked mental capacity. C had attempted to commit suicide by ingesting 60 paracetamol tablets with champagne.  She made this decision shortly after undergoing  treatment for breast cancer and ending of a long term …Read more

Tags: Compulsory treatment, Degrading treatment, Forced treatment, Health care professionals, Incapacity, Informed choice, Involuntary treatment, Mandatory treatment, Mental competence, Mental disorder, Mental illness, Non-consensual testing and treatment, Patient choice, Psychiatry, Psychology, Public hospitals, Suicide, Unauthorized treatment
Download Judgment: English

Cameron Mathieson, a deceased child (by his father Craig Mathieson) v. Secretary of State for Work and Pensions

Country: United Kingdom
Year: 2015
Court: United Kingdom Supreme Court
Citation: [2015] UKSC 47; UKSC 2014/0166
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to social security
Facts:

The appellant, Craig Mathieson, represented his deceased son, whose Disability Living Allowance (DLA) had been suspended by the Secretary of State for Work and Pensions. The son had been severely disabled since birth and required a high level of care. His parents were his primary care-givers. The son was admitted to the hospital for chronic …Read more

Tags: Budget, Child development, Child mortality, Children, Differently abled, Disabled, Handicapped, Health expenditures, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Infant health, Infant mortality, Minor, Noncommunicable diseases, Out-of-pocket expenditures, Pediatric health, Physically challenged, Public hospitals, Reimbursement, Social security, Subsidies
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

Millicent Awuor Omuya& 1 Or. v. Attorney General & 4 Ors.

Country: Kenya
Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 562 of 2012
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life, Right to health, Right to liberty and security of person
Facts:

The petitioners were two women who gave birth and were detained by Pumwani Hospital when they could not pay maternity fees in full upon discharge. The first petitioner was referred to the hospital with a potential breech birth and was detained for 24 days after discharge when she was unable to pay her hospital bill. …Read more

Tags: Access to health care, Budget, Caesarean, Childbirth, Cruel treatment, Degrading treatment, Health care professionals, Health care workers, Health expenditures, Health funding, Health spending, Humiliating treatment, Indigent, Inhuman treatment, Low income, Maternal health, Out-of-pocket expenditures, Poor, Pregnancy, Public hospitals, Subsidies, Underprivileged
Download Judgment: English

Centre for Health, Human Rights and Development (CEHURD) & 3 Others v. Attorney General

Country: Uganda
Year: 2015
Court: Supreme Court
Citation: Constitutional Appeal No. 1 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

This case was filed by the families of two women who died during childbirth and the Centre for Health, Human Rights and Development (CEHURD). They argued that inadequate resources for maternal health violated the right to health under Objectives XIV (b) XX, XV and Article 8A of the Ugandan Constitution, the right to life under …Read more

Tags: Access to health care, Access to treatment, Budget, Childbirth, Clinics, Emergency care, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health regulation, Health spending, Indigent, Infant health, Infant mortality, Low income, Maternal health, Maternal mortality, Midwifery, Poor, Pregnancy, Public hospitals, Underprivileged
Download Judgment: English

L.N. & 21 Others v. Ministry of Health, et al.

Country: Kenya
Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 218 of 2013
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

The Petitioners suffered from renal failure and required frequent renal dialysis treatments. Kenyatta National Hospital did not have an adequate number of machines to serve Petitioners’ needs, and would often choose to treat in-patients before Petitioners. Furthermore, the National Hospital Insurance Fund would not reimburse Petitioners for treatments sought at private hospitals. Petitioners brought suit …Read more

Tags: Access to health care, Access to treatment, Budget, Health expenditures, Health funding, Health insurance, Health spending, Kidney disease, Long-term care, Low income, Noncommunicable diseases, Out-of-pocket expenditures, Poor, Private hospitals, Public hospitals, Reimbursement, Subsidies
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

Amit Ahuja v. Union of India

Country: India
Year: 2014
Court: High Court of Delhi
Citation: W.P.(C) 1507/2014 & CM APPL. 3144/2014
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health
Facts:

The petitioner was a patient suffering from haemophilia and was receiving treatment at a government hospital. However, after he did not respond to initial treatment, the doctors discharged him, stating that they could no longer afford to administer the advanced palliative treatment (Activated Recombinant Factor VIIa) to him. This treatment would have cost 1,40,000 rupees …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Health expenditures, Health spending, Noncommunicable diseases, Out-of-pocket expenditures, Public hospitals, Subsidies
Download Judgment: English

L.H. v. Latvia

Country: Latvia
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 52019/07
Health Topics: Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The applicant gave birth by Caesarean section in the Cesis District Central Hospital (Cesis Hospital) in 1997. The surgeon conducting the Caesarean section performed a tubal ligation (surgical contraception) without the applicant’s consent. The applicant commenced civil proceedings against the hospital to recover damages for the unauthorized procedure. Ultimately, in December 2006, the applicant’s claim …Read more

Tags: Caesarian, Childbirth, Compulsory sterilization, Confidentiality, Disclosure, Forced sterilization, Health records, Inappropriate treatment, Informed choice, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Medical records, Non-consensual testing and treatment, Non-disclosure, Notification, Patient choice, Public hospitals, Sterilization, Unauthorized treatment
Download Judgment: English

Rosemary Namubiru v. Uganda

Country: Uganda
Year: 2014
Court: High Court
Citation: HCT-00-CR-CN---0050-2014
Health Topics: Aging, Child and adolescent health, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice
Facts:

Appellant Rosemary Namubiru was charged with and convicted of committing a negligent act likely to spread infection of disease, contrary to Section 171 of Uganda’s Penal Code Act. Appellant worked as a nurse at Victoria Clinic, a public hospital in Kampala. On 7 January 2013, appellant began intravenous administration of antibiotics to two-year-old Mathew Mushabe. …Read more

Tags: Aged persons, Duty of care, Elderly, Infant health; Pediatric health; Minor, Negligence; Standard of care; Health care workers; Health care professionals, Older persons, Public hospitals; HIV; HIV positive; Transmission; Hepatitis
Download Judgment: English

Konovalova v. Russia

Country: Russia
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 37873/04, § 1, ECHR 2014
Health Topics: Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to privacy
Facts:

Ms. Konovalova, a Russian citizen, experienced contractions due to her pregnancy and was taken to S. M. Kirov Military Medical Academy Hospital. After she was admitted to the gynecology ward, she was given a booklet issued by the hospital that contained a notice stating, “We ask you to respect the fact that medical treatment in …Read more

Tags: Childbirth, Confidentiality, Cruel treatment, Degrading treatment, Disclosure, Health care professionals, Health facilities, Health records, Humiliating treatment, Inappropriate treatment, Informed choice, Maternal health, Medical records, Non-pecuniary damage, Notification, Patient choice, Pregnancy, Public hospitals
Download Judgment: English

Radu v. The Republic of Moldova

Country: Moldova
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 50073/07
Health Topics: Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The plaintiff was a lecturer at the Police Academy in Moldova. In 2003, she became pregnant through artificial insemination. Due to her increased risk of miscarriage, a doctor at the No. 7 Center for Family Doctors (“the CFD”), a state-owned hospital, ordered her hospitalization. This extended hospitalization caused her to be absent from work. The …Read more

Tags: Confidentiality, Disclosure, Employment, Health data, Health records, In vitro fertilization, Maternal health, Medical records, Non-disclosure, Pregnancy, Public hospitals, Secrecy
Download Judgment: English

Atudorei v. Romania

Country: Romania
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 50131/08
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to liberty and security of person, Right to privacy
Facts:

Atudorei, a Romanian citizen, alleged that, from an early age, she has been subjected to continued physical and psychological abuse by her parents. The abuse had escalated after they discovered that she attended yoga classes organised by the Movement for Spiritual Integration into the Absolute (MISA), an organisation that was targeted by the police and …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Forced examination, Forced treatment, Health care professionals, Health care workers, Involuntary commitment, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mandatory confinement, Non-consensual testing and treatment, Unauthorized treatment
Download Judgment: English

Government of the Republic of Namibia v. LM, et al.

Country: Namibia
Year: 2014
Court: Supreme Court
Citation: (SA 49/2012) [2014] NASC 19
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to privacy
Facts:

Three Namibian women who were all pregnant and HIV-positive were sterilized at State hospitals after giving birth. The women claimed they were sterilized without their informed consent, and that they were sterilized due to their HIV-positive status. The first woman said that her doctor (through her nurse) told her that all HIV-positive women must have …Read more

Tags: Abortion, Caesarean, Childbirth, Compulsory sterilization, Counseling, Emergency care, Forced sterilization, Health care professionals, Health care workers, Health education, Health records, HIV positive, HIV status, Informed choice, Mandatory sterilization, Medical records, Patient choice, Public hospitals, Sterilization, Unauthorized treatment
Download Judgment: English

Re SB

Country: United Kingdom
Year: 2013
Court: Court of Protection
Citation: [2013] EWHC 1417 (COP)
Health Topics: Hospitals, Informed consent, Medicines, Mental health, Sexual and reproductive health
Facts:

A pregnant 37-year-old woman diagnosed with bipolar disorder was compulsorily detained under Section 2 of the Mental Health Act 1983. She had been on and off medication for 8 years and had suffered both remissions and relapses, due to which she was detained at various times in Italy, France and in England where she currently …Read more

Tags: Abortion, Bipolar, Compulsory commitment, Compulsory confinement, Incapacity, Incompetence, Informed choice, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Paranoia, Patient choice, Psychiatry, Spousal consent, Suicide, Termination of pregnancy
Download Judgment: English

Suarez Peralta v. Ecuador

Country: Ecuador
Year: 2013
Court: Inter-American Court of Human Rights
Citation: Series C, No. 261, May 21, 2013
Health Topics: Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to health
Facts:

On June 28, 2000, Melba Suarez Peralta visited Dr. Emilio Guerrero Gutierrez as a result of abdomen pain, vomits, and fever. She was diagnosed with chronic appendicitis and informed she needed surgery. Three days later, she visited Guerrero in a private clinic and underwent appendix surgery performed by Dr. Jenny Bohorquez and assisted by Guerrero. …Read more

Tags: Clinics, Compensation, Health care professionals, Health care workers, Health regulation, Inadequate treatment, Inappropriate treatment, Law enforcement, Negligence, Private hospitals, Public hospitals
Download Judgment: English Spanish

Voluntary Health Association of Punjab v. Union of India

Country: India
Year: 2013
Court: Supreme Court
Citation: Writ Petition (Civil) No. 349 of 2006
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination
Facts:

The order is about the problem of sex-selective abortion in India. The Court assed the present situation and the various barriers that must be taken into account when States take steps to address this problem by raising awareness of the legal status of the issue. The Parliament has taken steps to prevent sex selective abortion …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Awareness, Clinics, Counseling, Diagnostics, Forced abortion, Health care professionals, Health care technology, Health care workers, Health data, Health education, Health facilities, Health promotion, Health records, Infant mortality, Maternal health, Medical records, Pregnancy, Sex-selective abortion, Termination of pregnancy, Testing, Unsafe abortion
Download Judgment: English

Salakhov and Islyamova v. Ukraine

Country: Ukraine
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Medical malpractice, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more

Tags: Access to health care, Access to treatment, AIDS, Custody, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health records, HIV, HIV positive, HIV status, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, People living with HIV/AIDS, Police, Public hospitals, Remedies, Standard of care, Testing, Trauma
Download Judgment: English

Csoma v. Romania

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No.8759/05
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The applicant, Ms. Julia Kinga Csoma, alleged that her gynecologist had committed “grievous unintentional bodily harm and negligence” due to serious medical errors in her treatment. Csoma became pregnant in January 2002.  Her pregnancy was monitored by a gynecologist at the town hospital where Csoma worked as a nurse.  The fetus was diagnosed with hydrocephalus, …Read more

Tags: Abortion, Abortion technique, Damages, Diagnostics, Duty of care, Health care professionals, Health care workers, Health facilities, Health records, Infertility, Informed choice, Medical records, Negligence, Non-consensual testing and treatment, Non-pecuniary damage, Patient choice, Public hospitals, Remedies, Sterilization, Termination of pregnancy, Tort
Download Judgment: English

Zorica Jovanovic v. Serbia

Country: Serbia
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 21794/08; [2013] EHCR 21794/08.
Health Topics: Child and adolescent health, Health information, Hospitals
Human Rights: Right of access to information, Right to family life
Facts:

This case is about the Serbian government’s response to the “missing babies” of the 1970s, 1980s, and 1990s. In 1983, Zorica Jovanovic gave birth to a healthy baby boy in a state-run hospital. Three days later, while still in the hospital, she was informed that he had died. She never saw him again. When she …Read more

Tags: Child mortality, Freedom of information, Health records, Infant health, Infant mortality, Medical records, Public hospitals, Secrecy
Download Judgment: English

B v. Waitemata District Health Board

Country: New Zealand
Year: 2013
Court: High Court
Citation: [2013] NZHC 1702
Health Topics: Health systems and financing, Hospitals, Mental health, Tobacco
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to privacy
Facts:

In this case applicants argued that the no-smoking policy of the Waitemata District Health Board (WDHB)and the consequent prohibition of smoking in hospitals and surrounding grounds violated their right not to be subjected to torture or cruel treatment, the right to be treated with humanity, the right to respect private life, and the right to …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Health regulation, Mental disorder, Passive smoking, Psychiatry, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

Senturk v. Turkey

Country: Turkey
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 13423/09
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to life
Facts:

The first applicant’s wife and second applicant’s mother, Menekse Senturk, was 34 weeks pregnant when she began experiencing pain. The first applicant took Mrs. Senturk to the Karsiyaka Public Hospital, the Izmir Public Hospital, the Ataturk Research and Teaching Hospital, and the Ege University Medical Faculty Hospital over the course of the day. Only at …Read more

Tags: Access to health care, Access to treatment, Duty of care, Emergency care, Inadequate treatment, Inappropriate treatment, Maternal mortality, Miscarriage, Negligence, Out-of-pocket expenditures, Patient choice, Pregnancy, Private hospitals, Standard of care
Download Judgment: English

Case EAND/0895/02/13

Country: Armenia
Year: 2013
Court: Civil Court of Appeal [Հայաստանի Հանրապետության Վերաքննիչ քաղաքացիական դատարան]
Citation: Case № ԵԱՆԴ/0895/02/13
Health Topics: Health care and health services, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The appellant, Zhuleta Amarikyan, was compulsorily committed to inpatient psychiatric treatment on the request of the head of the psychiatric clinic. Amarikyan was diagnosed with acute delirium syndrome and was described as being a danger to herself and others and unable to control her actions. At the time of the trial of Amarikyan’s commitment, Amarikyan …Read more

Tags: Clinics, Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Diagnostics, Forced examination, Forced treatment, Health care professionals, Health care workers, Health facilities, Incapacity, Incompetence, Insanity, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Public hospitals
Download Judgment: English Armenian

Case EKD/0077/11/12

Country: Armenia
Year: 2013
Court: Court of Cassation (Հայաստանի Հանրապետության Վճռաբեկ դատարան)
Citation: Case No. ‘ԵԿԴ/0077/11/12’
Health Topics: Health care and health services, Hospitals, Infectious diseases, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Arman Antonyan, the son of the applicant Susanna Antonyan, died upon receiving treatment at a medical institution. A. Antonyan’s death was caused by acute liver failure resulted from the fulminant viral malignant hepatitis B. On May 31, 2010, S. Antonyan reported to the RA General Prosecutor’s Office that after her son A. Antonyan received treatment …Read more

Tags: Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Hepatitis, Infertility, Negligence, Public hospitals, Testing
Download Judgment: English Armenian

G.B. and R.B. v. The Republic of Moldova

Country: Moldova
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 16761/09
Health Topics: Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

Plaintiffs in this case were husband and wife. When G.B. was giving birth at the Stefan-Vodă regional hospital, a state-owned regional hospital, the head of the obstetrics and gynecology department preformed a Caesarean section on her and removed her ovaries and Fallopian tubes without obtaining her permission. As a result, G.B. suffered early menopause and …Read more

Tags: Caesarian, Childbirth, Compensation, Compulsory sterilization, Damages, Forced sterilization, Health care professionals, Health care workers, Health facilities, Involuntary sterilization, Negligence, Non-consensual testing and treatment, Non-pecuniary damages, Pregnancy, Public hospitals, Remedies, Sterilization, Tort, Unauthorized treatment
Download Judgment: English

Cojocaru v. British Columbia Women’s Hospital and Health Centre

Country: Canada
Year: 2013
Court: Supreme Court
Citation: 2013 SCC 30
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The plaintiff, who had previously given birth via caesarean section, was due to give birth a second time. Her obstetrician recommended a vaginal birth. During labor, Cojocaru’s uterus ruptured, which restricted oxygen supply to the baby. The scar from the previous caesarean contributed to the rupture, and an emergency caesarean section was performed. The baby …Read more

Tags: Caesarean, Child development, Childbirth, Children, Compensation, Counseling, Damages, Differently abled, Disabled, Duty of care, Emergency care, Examination, Handicapped, Health care professionals, Health care workers, Inadequate treatment, Infant health, Informed choice, Maternal health, Minor, Negligence, Neurological diseases, Noncommunicable diseases, Parental consent, Parental notification, Physically challenged, Pregnancy, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English French

N.B. v Slovakia

Country: Slovakia
Year: 2012
Court: European Court of Human Rights
Citation: N.B. v Slovakia, App. No. 29518/10, Eur. Ct. H.R. (2012).
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Informed consent, Medical malpractice, Mental health, 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
Facts:

Ms. N.B. was of Roma ethnic origin. She was sterilized at a public hospital, at the age of 17, during the birth of her second child. Ms. N.B. asserted that she had been coerced into signing authorizations for her sterilization, that she was segregated within the hospital due to her ethnicity and that the decision …Read more

Tags: Caesarean, Childbirth, Children, Compensation, Compulsory sterilization, Compulsory treatment, Cruel treatment, Degrading treatment, Family planning, Forced sterilization, Forced treatment, Health care professionals, Health care workers, Humiliating treatment, In utero fertilization, Inappropriate treatment, Infertility, Informed choice, Inhuman treatment, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Mandatory treatment, Maternal health, Minor, Non-consensual testing and treatment, Parental consent, Patient choice, Pregnancy, Public hospitals, Remedies, Sterilization, Unauthorized treatment
Download Judgment: English

Munjaz v. United Kingdom

Country: United Kingdom
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 2913/06; [2012] ECHR 1704
Health Topics: Hospitals, Mental health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to family life, Right to liberty and security of person
Facts:

The Applicant, a UK citizen born in 1947, alleged that the seclusion policy (“Policy”) of Ashworth Special Hospital (“Ashworth”), the maximum security hospital where he was committed for a mental illness, violated the European Convention on Human Rights. After several instances of incarceration and hospitalization on account of various mental health issues, the applicant was …Read more

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Degrading treatment, Detainee, Detention, Incompetence, Inhuman treatment, Involuntary commitment, Involuntary confinement, Isolation, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology, Public hospitals, Seclusion, Torture
Download Judgment: English

F., A. L. s/ Medida Autosatisfactiva

Country: Argentina
Year: 2012
Court: National Supreme Court of Justice [Corte Suprema de Justicia de la Nación]
Citation: Expte. Nº 21.912-F-2010
Health Topics: Child and adolescent health, Hospitals, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

A fifteen-year old teenager became pregnant as a result of being sexually abused by her stepfather. In the eight week of pregnancy, through her legal representative, she asked the judiciary to order doctors of a public hospital to perform her abortion. She based her claim on article 86.1 and 2 of the National Criminal Code (the …Read more

Tags: Abortion, Access to health care, Assault, Children, Domestic abuse, Domestic violence, Health care professionals, Health care workers, Judicial bypass, Public hospital, Rape, Sexual abuse, Sexual assault, Sexual violence, Termination of pregnancy, Therapeutic abortion
Download Judgment: Spanish
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