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172 judgments found.


AIDS Law Project v. Attorney General, et al.

Country: Kenya
Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 97 of 2010
Health Topics: Child and adolescent health, Health information, HIV/AIDS, Infectious diseases, Poverty, Public safety, Violence
Human Rights: Freedom from discrimination, Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

The Petitioner, AIDS Law Project, brought suit against the Government of Kenya, arguing that Section 24 of the HIV and AIDS Prevention and Control Act, No. 14 of 2006 (the Act) was unconstitutional. The Petitioner argued that Section 24 of the Act was vague and overbroad, and therefore unconstitutional. Section 24 imposed criminal sanctions upon …Read more

Download Judgment: English

Case C‐528/13

Country: France
Year: 2015
Court: European Court of Justice
Citation: Case C‐528/13 Geoffrey Léger v Ministre des Affaires sociales, de la Santé et des Droits des femmes, Établissement français du sang
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination
Facts:

The case concerned whether France could permanently defer men who have had sex with another man from blood donation. Mr. Léger went to a collection center to donate blood, but his blood donation was refused on the ground that he had had sexual intercourse with another man. The decision was based on a French decree …Read more

Tags: Blood transfusion, HIV/AIDS, Infectious diseases, Public safety
Download Judgment: English

Attorney General, et al. v. Dickson Tapela, et al.

Country: Botswana
Year: 2015
Court: Court of Appeal of the Republic of Botswana at Gaborone
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

Case 1: Tapela and Piye, two Zimbabwean nationals imprisoned in Botswana, both contracted HIV in prison. They were refused antiretroviral treatment for their condition based on a internal directive issued by the national government to all public medical institutions and personnel on March 26, 2004, indicating that testing, assessment, and treatment with antiretroviral and highly active …Read more

Tags: Access to health care, Access to treatment, AIDS, Detainee, Detention, Diagnostics, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Jail, Law enforcement, People living with HIV/AIDS, Testing
Download Judgment: English

Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania

Country: Romania
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea.  Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more

Tags: Abuse, Access to health care, Access to treatment, Compulsory examination, Compulsory testing, Compulsory treatment, Counseling, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Epilepsy, Examination, Forced examination, Forced treatment, Imprisonment, Inadequate treatment, Inappropriate treatment, Incapacity, Incarceration, Informed choice, Inmate, Involuntary examination, Involuntary treatment, Jail, Lung disease, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Negligence, Neurological diseases, Noncommunicable diseases, Patient choice, Pneumonia, Prison conditions, Psychosis, Pulmonary diseases, Respiratory diseases, Standard of care, Suicide, Trauma
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Levan Asatiani, et al. v. Minister of Labour, Health and Social Affairs

Country: Georgia
Year: 2014
Court: Constitutional Court [საქართველოს საკონსტიტუციო სასამართლო]
Citation: Case #2/1/536
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Public safety
Human Rights: Freedom from discrimination
Facts:

The Minister of Labour, Health and Social Affairs of Georgia issued orders by which “homosexuals” were prohibited from donating blood or its components. The plaintiffs self-identified as homosexuals and, accordingly were impacted by the order. The plaintiffs alleged that the regulations of the Minister of Labour, Health and Social Affairs of Georgia were in contradiction …Read more

Tags: AIDS, Blood transfusion, Hepatitis, HIV, Sexually transmitted diseases, Sexually transmitted infections, Smallpox, STDs, STIs, Testing, Transmission
Download Judgment: English Georgian

Tapela, et al. v. Attorney General, et al.

Country: Botswana
Year: 2014
Court: High Court
Citation: (MAHGB-000057-14), BWHC 1 (2014)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

The applicants, two prisoners with HIV and an interested non-governmental organization, complain that the policy of denying Highly Active Antiretroviral Therapy (“HAART”) to non-citizen inmates is a violation of the rights of such non-citizen prisoners under the Constitution of Botswana. HAART is a drug treatment that helps control HIV mutation and reduces the likelihood of …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, ARVs, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Health expenditures, HIV, HIV positive, Imprisonment, Incarceration, Inhuman treatment, Inmate, People living with HIV/AIDS, PLHIV, TB, Transmission, Tuberculosis
Download Judgment: English

Valetov v. Kazakhstan

Country: Kazakhstan
Year: 2014
Court: United Nations Human Rights Committee
Citation: Communication No. 2104/2011
Health Topics: Health care and health services, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial
Facts:

Nikolai Valetov, a Russian national, was arrested and charged in June 2001 with murder by Kyrgyzstan authorities while living in Kyrgyzstan. In addition to maintaining that he was framed for this crime by the police, Valetov further claimed that he was tortured by the police so severely while in pre-trial detention that he was permanently …Read more

Tags: Abuse, Access to health care, Asylum, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Examination, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Rape, TB, Torture, Tuberculosis
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

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

Dlamini v. Rex

Country: Swaziland
Year: 2013
Court: Supreme Court
Citation: [2013] SZHC 2
Health Topics: Chronic and noncommunicable diseases, Health information, Infectious diseases, Prisons
Facts:

Appellants were appealing the denial of bail after being charged with armed robbery using firearms, attempted murder and violating a drug law. The first appellant contended that he suffered from pneumonia and frequent sinus problems that required high levels of ventilation and protection from colds, which would not be provided when in custody. Both appellants …Read more

Tags: Custody, Detainee, Detention, Health records, Medical records, Pneumonia, Prison conditions, Respiratory diseases
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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

Dudley Lee v. Minister for Correctional Services

Country: South Africa
Year: 2012
Court: Constitutional Court
Citation: [2012] ZACC 30
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to life
Facts:

While incarcerated in congested prison with poor hygienic conditions, Dudley Lee was infected with tuberculosis (TB).  The responsible prison authorities were aware of the risk of the inmates’ contracting TB, but did not have a comprehensive system in place to reduce the risk of infection. Rather, the prison authorities relied on a system of inmates …Read more

Tags: Access to health care, Access to treatment, Custody, Diagnostics, Duty of care, Examination, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Malnutrition, Negligence, Prison conditions, Remedies, Standard of care, TB, Tort, Tuberculosis
Download Judgment: English

Georgina Ahamefule v. Imperial Medical Centre

Country: Nigeria
Year: 2012
Court: High Court of Lagos State
Citation: Suit No. ID/16272000
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

The Plaintiff was a nurse at a medical centre. Defendants were the medical centre and a doctor at the centre. While employed at the medical centre, the Plaintiff became pregnant and developed a skin disorder. She sought medical attention and the Defendant doctor performed several diagnostic tests. Neither the nature nor the outcome of the tests …Read more

Tags: Access to health care, Access to treatment, AIDS, Compensation, Compulsory testing, Damages, Duty of care, Employment, HIV, HIV positive, HIV status, Informed choice, Involuntary testing, Mandatory testing, Maternal health, Miscarriage, Negligence, Non-consensual testing and treatment, Patient choice, People living with HIV/AIDS, PLHIV, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Transmission
Download Judgment: English

R. v. Mabior

Country: Canada
Year: 2012
Court: Supreme Court
Citation: 2012 SCC 47; 2010 MBCA 93
Health Topics: HIV/AIDS, Infectious diseases, Medicines, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity
Facts:

The Respondent was charged with nine counts of aggravated sexual assault for not disclosing his HIV-positive status to nine Complainants before engaging in sexual intercourse with them. None of the Complainants tested positive for HIV. At trial, the Respondent was convicted on six counts and acquitted on three. He was acquitted on the basis of …Read more

Tags: Antiretrovirals, ARVs, Contraception, Contraceptives, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV, Rape, Sexual assault, STDs, STIs, Transmission
Download Judgment: English French

Jeladze v. Georgia

Country: Georgia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 1871/08
Health Topics: Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Mr. Genadi Jeladze, an imprisoned Georgian national, discovered that he had contracted a chronic form of viral Hepatitis C (“HCV”) while in prison. A self-funded medical examination recommended antiviral treatment on an outpatient basis. In response, the prison offered drug treatment which did not include antiviral drugs. Over the next year, Jeladze’s lawyer requested a …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hepatitis, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Testing
Download Judgment: English

Goginashvili v. Georgia

Country: Georgia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 47729/08
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Goginashvili, a prisoner, sued the government of Georgia, alleging that the prison authority violated his right to health care due to its failure to protect his health and well-being in prison, contrary to its obligation under Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). Article 3 prohibits …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Detainee, Detention, Hepatitis, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Kidney disease, Prison conditions
Download Judgment: English

Shchebetov v. Russia

Country: Russia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 21731/02
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant had contracted HIV and Tuberculosis while in prison, and alleged that he was denied adequate medical care in violation of his Article 2 (right to life) and Article 3 (prohibition on torture or inhuman or degrading treatment) rights under the European Convention on Human Rights (“Convention”). In 1997, the applicant was sentenced to …Read more

Tags: Access to health care, Access to treatment, Custody, HIV, HIV positive, Imprisonment, Inmate, Jail, People living with HIV/AIDS, PLHIV, Prison conditions, TB, Transmission, Tuberculosis
Download Judgment: English

Mr. Y and Mr. X v. Secretary to the Government, et al.

Country: India
Year: 2011
Court: High Court - Madras
Citation: 2011 (1) CTC 645
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination, Right to work
Facts:

Mr. Y, Petitioner No.1, was a person belonging to the backward class. He held a valid driving license and was asked to apply for an interview to the Tamil Nadu State Transport Corporation, Respondent, for the post of a driver. He was asked to submit his medical fitness certificate and certificate relating to eyesight to …Read more

Tags: HIV positive, HIV status, Occupational health and safety, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Mankayi v. AngloGold Ashanti Ltd.

Country: South Africa
Year: 2011
Court: Constitutional Court
Citation: [2011] ZACC 3; 2011 (5) BCLR 453 (CC) ; 2011 (3) SA 237 (CC) ; [2011] 6 BLLR 527 (CC) ; (2011) 32 ILJ 545 (CC)
Health Topics: Chronic and noncommunicable diseases, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to liberty and security of person, Right to social security, Right to work
Facts:

Mr Mankayi brought an action for delictual (tort) damages against AngloGold Ashanti Limited (AngloGold). While working as an underground mineworker between January 1979 and September 1995, Mr Mankayi claimed to have been exposed to harmful dusts and gases that led to his contracting tuberculosis and a chronic obstructive airway condition; these ailments rendered him unable …Read more

Tags: Employment, Lung disease, Noncommunicable diseases, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Pulmonary diseases, Respiratory diseases, TB, Tuberculosis, Workers' compensation
Download Judgment: English

Kiyutin v. Russia

Country: Russia
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 2700/10, (2011) 53 EHRR 26; [2011] ECHR 439
Health Topics: HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to family life, Right to housing
Facts:

K was born in the Uzbek SSR of the Soviet Union and acquired Uzbekistan citizenship following the collapse of the USSR. In October 2002, K’s brother purchased a house in the Oryol Region of Russia. In 2003, K, his half brother and their mother moved into this house. In July 2003, K married a Russian …Read more

Tags: AIDS, HIV, HIV positive, HIV status, Most-at-risk, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs

Brown v. Plata

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 1910 (2011)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Infectious diseases, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

This case involved an appeal from a decision made by a three-judge court that was convened by the Federal District Court to decide the appropriate remedy for violations of the Eighth Amendment to the United States Constitution. The violations were the subject of two related Federal District Court cases in California: Coleman v. Brown (1990) …Read more

Tags: Access to health care, Access to treatment, Budget, Cleanliness, Cruel and unusual punishment, Custody, Depression, Detainee, Detention, Diabetes, Health care professionals, Health care workers, Health facilities, Heart disease, Imprisonment, Incarceration, Inmate, Jail, Kidney disease, Mental disorder, Mental illness, Noncommunicable diseases, Prison conditions, Psychiatry, Psychology, Psychosis, Suicide, Waste
Download Judgment: English

Canada (Attorney General) v. PHS Community Services

Country: Canada
Year: 2011
Court: Supreme Court
Citation: [2011] 3 S.C.R. 134; [2011] S.C.C. 44
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Right to liberty and security of person, Right to life
Facts:

Insite was a medical facility that supervised intravenous drug use. It was established in response to escalating intravenous drug use and a rise in HIV/AIDS and hepatitis C infections among the population of the downtown eastside (DTES) area of Vancouver. In 2003, pursuant to section 56 of the Controlled Drug and Substances Act (CDSA), which …Read more

Tags: Access to health care, Access to treatment, Addiction, AIDS, Clinics, Criminalization, Drug abuse, Drug use, Health facilities, Hepatitis, Heroin, HIV, IDUs, Injecting drug users, Most-at-risk, Opioids, People who use drugs, Rehabilitation, Substance abuse, Transmission
Download Judgment: English French

Case 822 K/Pid.Sus/2010

Country: Indonesia
Year: 2011
Court: Supreme Court
Health Topics: Chronic and noncommunicable diseases, Health information, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Freedom of association, Freedom of expression, Right to due process/fair trial
Facts:

On 7 August 2008, the Defendant, Prita Mulyasari, arrived at Omni International Hospital in Tangerang with symptoms of a fever and dizziness. She was then admitted, and through a series of unfortunate events, ended up receiving unnecessary medication and incorrect lab results under the care of Dr. Hengky. Her condition significantly worsened after an incorrect …Read more

Tags: Awareness, Criminalization, Dengue, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Misdiagnosis, Negligence, Noncommunicable diseases, Patient choice, Public hospitals
Download Judgment: English Indonesian

Case 2012/B/1991

Country: Hungary
Year: 2011
Court: Constitutional Court
Health Topics: Health care and health services, Infectious diseases, Informed consent
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The petitioner sought a declaration of the unconstitutionality and annulment of a Minister of Health Decree which required mandatory lung screening.  This initial Minister of Health Decree was overruled by a Decree of the Minister of Public Welfare (the “challenged Decree”) which regulated “mandatory screening of epidemiological interest content wise”, (it was aimed at detecting cases of …Read more

Tags: Compulsory examination, Compulsory testing, Diagnostics, Examination, Forced examination, Harm reduction, Informed choice, Involuntary examination, Involuntary testing, Mandatory examination, Mandatory testing, Non-consensual testing and treatment, Patient choice, TB, Tuberculosis
Download Judgment: English Hungarian

Khatayev v. Russia

Country: Russia
Year: 2011
Court: European Court of Human Rights
Citation: App. No 56994/09, Eur. Ct. H.R. (2011).
Health Topics: Health care and health services, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant, a Russian citizen who was diagnosed with pulmonary tuberculosis and tuberculosis papillitis of the kidneys, was transferred to a special “medical colony” to serve a prison sentence of two years and six months for an aggravated robbery conviction. Upon his arrival, the facility provided a new complex prophylactic examination by a tuberculosis specialist …Read more

Tags: Abuse, Access to health care, Access to treatment, Assault, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions, Solitary confinement, TB, Tuberculosis
Download Judgment: English

Simon Maregwa Githiru v. Republic

Country: Kenya
Year: 2011
Court: High Court - Embu
Health Topics: Infectious diseases, Prisons
Facts:

The Applicant suffered from pulmonary tuberculosis. He defaulted on his treatment and was charged with wilfully exposing and spreading infectious disease to the community in violation of the Public Health Act. When the facts and the charges of his case were read to the Applicant, he simply stated ‘It is true’ and ‘Facts as charged’. …Read more

Tags: Custody, Detainee, Detention, Imprisonment, Jail, TB, Tuberculosis
Download Judgment: English

Case No. STS 3527/11

Country: Spain
Year: 2011
Court: Supreme Court
Health Topics: Child and adolescent health, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Facts:

Appellee was diagnosed with HIV in 1994. In 1996, he began a relationship with appellant, during which time he used condoms but did not inform appellant of his HIV-positive status. The condom broke on several occasions, and ultimately appellant became pregnant and HIV-positive, and when she gave birth to their daughter, the daughter also was …Read more

Tags: AIDS, Childbirth, Children, Condoms, HIV, HIV positive, HIV status, Infant health, Minor, Pediatric health, People living with HIV/AIDS, PLHIV, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English

Case 3153/2011

Country: Spain
Year: 2011
Court: Supreme Court
Citation: STS 3153/2011
Health Topics: Infectious diseases, Occupational health
Facts:

The appellant claimed to have been infected by the Hepatitis C virus (HCV) which the appellant received during his duties as dissection technician in the Forensic Anatomical Institute in Barcelona. He was diagnosed on July 4, 1997, took sick leave in August 19, 1999, and lodged a claim for financial liability of EUR 600,000, along …Read more

Tags: Hepatitis, Job safety, Occupational accident, Occupational hazards, Workers' compensation
Download Judgment: English

Case 451/2011

Country: Spain
Year: 2011
Court: Supreme Court
Citation: STS 451/2011
Health Topics: Infectious diseases, Medical malpractice, Medicines
Facts:

In 1982, a child was given aspirin in the hospital to fight against a respiratory disease with fever. Afterward, he developed Reye’s syndrome,  a kind of mental retardation. Attributing the disease to the administration of the aspirin, his parents brought a claim for financial liability from the Administration for a poor sanitary conditions. Their claim …Read more

Tags: Compensation, Damages, Drug safety, Negligence, Pharmaceuticals, Remedies, Tort
Download Judgment: English

Grand Justices Interpretation No. 690

Country:
Year: 2011
Court: Grand Justices Council
Citation: Judicial Yuan Interpretation No. 690 (Grand Justices Council Sept. 30, 2011) (Taiwan).
Health Topics: Hospitals, Infectious diseases, Public safety
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

According to Article 37 of the Communicable Disease Control Act, revised January 30, 2002, “Any person who had physical contacts with patients of contagious diseases, or suspected of being infected, shall be detained and checked by the competent authority, and if necessary, shall be ordered to move into designated places for further examinations, or to take …Read more

Tags: Custody, Detention, Infectious diseases
Download Judgment: English Chinese
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