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599 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

Ivanovi v. Bulgaria

Country: Bulgaria
Year: 2020
Court: European Court of Human Rights
Citation: [2020] ECHR 67320/16
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to health, Right to life
Facts:

The applicants are parents of a child who died being treated at Burgas Multi-Profile Active Treatment Hospital.  They alleged that the hospital’s failure to provide their daughter with adequate medical care led to her death, amounting to a breach of Article 2 of the European Convention on Human Rights. On April 10, 2009, the applicant’s …Read more

Tags: Access to health care, Access to treatment, Children, Emergency care, Examination, Health expenditures, Health funding, Inadequate treatment, Inappropriate treatment, Negligence, Pediatric health, Public hospitals
Download Judgment: English

June Medical Services, LLC, et al. v. Stephen Russo, Interim Secretary, Louisiana Department of Health and Hospitals

Country: United States
Year: 2020
Court: Supreme Court of the United States
Citation: 591 US (2020)
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Right to health, Right to liberty and security of person, Right to privacy
Facts:

In 2014, the legislature in Louisiana passed Act 620 which requires any doctor who performs abortions in Louisiana to have admitting privileges at a hospital no more than 30 miles from where the abortion is performed. Admitting privileges is defined as being “a member in good standing” of the hospital’s “medical staff…with the ability to …Read more

Tags: Abortion, Abortion counseling, Abortion technique, access to abortion, Access to health care, Access to treatment, Clinics, Health care professionals, Health facilities, Private hospitals, Public hospitals
Download Judgment: English

United States v. Jeremy Rodriguez

Country: United States
Year: 2020
Court: United States District Court, E.D. Pennsylvania
Citation: 451 F.Supp.3d 392 (E.D.Pa. 2020)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons, Water, sanitation and hygiene
Human Rights: Right to health, Right to life
Facts:

The defendant, Jeremy Rodriguez, was an inmate at FCI Elkton, a federal detention centre in Elkton, Ohio. Rodriguez was serving the seventeenth year of a twenty-one year mandatory minimum sentence for drug distribution and unlawful firearm possession, and was one year away from becoming eligible for home confinement, when the COVID-19 pandemic erupted in the …Read more

Tags: Detention, Diabetes, Heart disease, Imprisonment, Incarceration, Inmate, Liver disease, Prison conditions, Testing
Download Judgment: English

Laddy Curtis Valentine, et al., v Bryan Collier, et al.

Country: United States
Year: 2020
Court: United States District Court, S.D. Texas, Houston Division
Citation: 455 F.Supp.3d 308 (2020)
Health Topics: Aging, Health care and health services, Infectious diseases, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

Plaintiffs Laddy Curtis Valentine (“Valentine”) and Richard Elvin King (“King”) were inmates at Wallace Pack Unit (“Pack Unit”), a geriatric state prison run by the Texas Department of Criminal Justice (“TDCJ”) in Grimes County, Texas. On March 30, 2020, plaintiffs filed a complaint, alleging that the defendants, TDCJ Executive Director Bryan Collier (“Collier”), Pack Unit …Read more

Tags: Aged persons, Awareness, Cruel and unusual punishment, Detention, Elderly, Health education, Imprisonment, Incarceration, Inmate, Notification, Prison conditions, Respiratory diseases, Testing
Download Judgment: English

Thakker v. Doll

Country: United States
Year: 2020
Court: United States District Court, M.D. Pennsylvania
Citation: 451 F.Supp. 3d 358 (2020)
Health Topics: Aging, Chronic and noncommunicable diseases, Disasters and emergencies, Health care and health services, Infectious diseases, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to health, Right to liberty and security of person, Right to life
Facts:

The Petitioners were a group of individuals being held in civil detention by Immigration and Customs Enforcement (ICE) at three locations: the York County Prison, the Clinton County Correctional Facility, and the Pike County Correctional facility, while awaiting the final disposition of their immigration cases. With the rapid and expansive spread of the novel coronavirus …Read more

Tags: Access to health care, Access to healthcare, Access to treatment, Aged persons, Detainee, Detention, Diabetes, Heart disease, Inhuman treatment, Kidney disease, Leukemia, Liver disease, Noncommunicable diseases, Prison conditions, Public hospitals
Download Judgment: English

Centre for Health, Human Rights and Development & Anr. v. Attorney General

Country: Uganda
Year: 2018
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 094 of 2015
Health Topics: Disabilities, Health care and health services, Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to health, Right to liberty and security of person, Right to privacy, Right to water and sanitation
Facts:

The plaintiff stated that the Butabika Hospital is the only public psychiatric hospital under the Ministry of Health in Uganda. Further it is the only mental referral hospital and cases referred to it by other health facilities are of acute conditions, which require a specialized and skilled management. A part of the procedure in the …Read more

Tags: Bipolar, Cleanliness, Compulsory confinement, Cruel treatment, Degrading treatment, Depression, Humiliating treatment, Involuntary confinement, Isolation, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Psychology, Psychosis, Trauma
Download Judgment: English

Navtej Singh Johar & Ors. v. Union of India

Country: India
Year: 2018
Court: Supreme Court of India
Citation: Writ Petition (Criminal) No. 76 of 2016
Health Topics: Health care and health services, HIV/AIDS, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to bodily integrity, Right to family life, Right to health, Right to life, Right to privacy
Facts:

Petitioners, by means of a writ petition, challenged Section 377 of the Indian Penal Code (‘IPC’), which made “carnal intercourse against the order of nature” a criminal offense punishable with life imprisonment. Petitioners argued that homosexuality, bisexuality, and other sexual orientations are equally natural and reflective of expression of choice and individuals should have the …Read more

Tags: Access to health care, Access to treatment, AIDS, Bisexual, Childbirth, Condoms, Depression, Gay, Gender identity, HIV, Homosexual, Intersex, Isolation, Lesbian, LGBTI, People loving with HIV/AIDS, Queer, Seclusion, Sexual orientation, Sodomy, Transgender, Transmission
Download Judgment: English

Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government v. DZ obo WZ

Country: South Africa
Year: 2017
Court: Constitutional Court of South Africa
Citation: 2017 (12) BCLR 1528 (CC)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The respondent – DZ in this case gave birth to WZ. Due to prolonged labour, DZ suffered from asphyxation, which led to cerebral palsy. WZ brought an action for damages on behald of DZ on the account of negligence of the hopsital staff. The Medical of the Executive Council (MEC) for health admitted negligence on …Read more

Tags: Access to health care, Access to treatment, Childbirth, Children, Damages, Duty of care, Health facilities, Inadequate treatment, Infant, Infant health, Maternal health, Minor, Negligence, Neurological diseases, Pediatric health, Pregnancy, Public hospitals, Remedies, Standard of care
Download Judgment: English

J.R. v. The Member of the Executive Council, North West Division, Mahikeng

Country:
Year: 2017
Court: The High Court of South Africa, North West Division
Citation: Case Number 303/16
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

JR in her capacity as the natural guardian of O claimed damages for medical negligence. O was admitted to the hospital as he was suffering from Diarrohea. A drip was inserted on his forehead. The plaintiff noticed some black spots near O’s ear and scalp (gangrenous tissue). The plaintiff alleged that the failure to monitor …Read more

Tags: Access to health care, Child development, Compensation, Damages, Duty of care, Health facilities, Inadequate treatment, Inappropriate treatment, Minor, Negligence, Neurological diseases, Public hospitals, Standard of care
Download Judgment: English

Preez v. Pretorius

Country: South Africa
Year: 2017
Court: Supreme Court of Appeal of South Africa
Citation: [2017] ZASCA 133
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to health
Facts:

The Appellant was diagnosed with testicular cancer and his left testicle was surgically removed. He did not like the oncologist who was refered by the surgeon and decided to go for alternative therapies. The respondent practised alternative therapies and treated the appellant for more than a year. The Appellant went back to conventional treatment and …Read more

Tags: Compensation, Damages, Duty of care, Inadequate treatment, Negligence, Standard of care
Download Judgment: English

Lopes De Sousa Fernandes v. Portugal

Country: Portugal
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 56080/13
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Infectious diseases, Medical malpractice
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The applicant’s husband underwent a surgery to remove nasal polyps. He suffered from severe headaches and went back to the emergency department. The duty doctor prescribed him some tranquilizer stating it was some psychological problem. As the headaches did not subside, a medical team examined him the next day and found that he was suffering …Read more

Tags: Access to health care, Access to treatment, Clinics, Compensation, Counseling, Damages, Diagnostics, Disclosure, Duty of care, Emergency care, Examination, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, Non-pecuniary damage, Private hospitals, Public hospitals, Remedies, Standard of care, Testing
Download Judgment: English

The Center for Health, Human Rights and Development & Ors. v. The Executive Director, Mulago National Referal Hospital & Anr.

Country: Uganda
Year: 2017
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 212 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to family life, Right to health
Facts:

The 2nd and 3rd plaintiffs are husband and the wife. The 2nd plaintiff delivered two babies in the defendant hospital’s general ward but was discharged with only one baby. The defendants state that one of the babies was stillborn. The 2nd and the 3rd plaintiffs filed a police report for the loss their baby and …Read more

Tags: Awareness, Caesarean, Child mortality, Childbirth, Children, Clinics, Disclosure, Emergency care, Freedom of information, Health care technology, Health data, Health facilities, Infant health, Infant mortality, Maternal health, Medical records, Minor, Non-disclosure, Pediatric health, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Caleb Orozco v. Attorney General of Belize

Country: Belize
Year: 2016
Court: Supreme Court of Belize
Citation: Claim 668 of 2010
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of expression, Right to health, Right to privacy
Facts:

The Claimant, Caleb Orozco, a citizen of Belize was a homosexual male and a health educator. In the Supreme Court of Belize, he challenged the constitutional validity of Section 53 of the Belize Criminal Code to the extent that it criminalized anal sex between two consenting male adults. Section 53 of the Criminal Code stated …Read more

Tags: Access to health care, Access to treatment, AIDS, Assault, Buggery, Bullying, Counselling, Depression, Diagnostics, Gay, Hazing, HIV, HIV positive, HIV status, Homosexual, Lesbian, LGBTI, Molestation, Most-at-risk, Non-disclosure, People living with HIV/ AIDS, PLHIV, Queer, Rape, Secrecy, Sexual abuse, Sexual assault, Sexual harassment, Sexual orientation, Sexual violence, Sexually transmitted diseases, Sodomy, STDs, STIs, Transmission, Trauma
Download Judgment: English

Case of Dubská and Krejzová v. The Czech Republic

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

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

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

Madida v. Member of the Executive Council, Province of Kwa-Zulu-Natal

Country: South Africa
Year: 2016
Court: The High Court of South Africa, Kwazulu- Natal Division
Citation: Case No. 14275/2014
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiff instituted an action for medical negligence on behalf of her daughter. She stated that due to the negligence of the hospital staff, her daughter suffers from spastic quadriplegic cerebral palsy, poor cognitive ability, feeding difficulty etc. The plaintiff was admitted and assessed by a midwife who authorised her admission to a ward for …Read more

Tags: Child development, Childbirth, Duty of care, Health facilities, Inadequate treatment, Minor, Negligence, Neurological diseases, Public hospitals, Remedies, Standard of care
Download Judgment: English

Vasileva v. Bulgaria

Country: Bulgaria
Year: 2016
Court: The European Court of Human Rights
Citation: Application No. 23796/10
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to due process/fair trial, Right to family life, Right to health
Facts:

The applicant suffered from cancer and underwent mastectomy of her left breast. After two years, she experienced pain in the left side of her chest. After undergoing two bone scintigraphies, a pathological uptake of radioactive tracer was found in her sixth rib. A computerized tomography showed metastasis in the eighth and the ninth rib contrary …Read more

Tags: Access to health care, Access to treatment, Cancer, Diagnostics, Examination, Health care technology, Testing
Download Judgment: English

Whole Woman’s Health Et Al. V. Hellerstedt, Commissioner, Texas Department Of State Health Services, Et Al.

Country: United States
Year: 2016
Court: The Supreme Court of the United States
Citation: 579 U.S. ___ (2016)
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health
Facts:

In 2013, the Texas Legislature passed House Bill 2 (H.B. 2), which contained several provisions, which restricted access to abortion. One such requirement was that a doctor must have admitted privileges at a hospital within 30 miles and further every health facility offering abortion services must become mini hospitals as ambulatory surgical centers. A group …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Access to treatment, Clinics, Health care technology, Health facilities, Private hospitals, Public hospitals
Download Judgment: English

Devika Biswas v. Union of India

Country: India
Year: 2016
Court: The Supreme Court of India
Citation: (2016) 10 SCC 726
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health
Facts:

The petitioner in the present case claimed that a sterilization camp managed by an NGO in Bihar was conducting sterilization without following any proper protocol. More than 50 women had undergone sterilization at the camp without being provided any kind of counseling and information about the procedure. The procedure of the sterilization was highly unsanitary; …Read more

Tags: Access to treatment, Clinics, Compulsory sterilization, Counseling, Family planning, Forced sterilization, Health facilities, Informed choice, Mandatory treatment, Maternal health, Negligence, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
Download Judgment: English

Zogo Andela v. Cameroon

Country: Cameroon
Year: 2016
Court: United Nations Human Rights Committee
Citation: CCPR/C/121/D/2764/2016
Health Topics: Health care and health services, Prisons
Human Rights: Right to due process/fair trial, Right to health
Facts:

The International Covenant on Civil and Political Rights (ICCPR) is a treaty by which its parties commit to preserving certain human and political rights. The First Optional Protocol of the Covenant allows for individuals to bring complaints, referred to as communications, against state parties to the Protocol that have allegedly violated articles of the ICCPR. …Read more

Tags: Access to health care, Cruel treatment, Custody, Detainee, Detention, due process, health care services, Imprisonment, Incarceration, Jail, Prison, Prison conditions, Right to Fair Trial
Download Judgment: English

Akkoyunlu v. Turkey

Country: Turkey
Year: 2016
Court: European Court of Human Rights
Citation: Akkoyunlu v. Turkey, [2016] EHCE
Health Topics: Disabilities, Health care and health services, Hospitals, Medical malpractice
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

In 2001, Mr. Akkoyunlu (the applicant) started his compulsory military service in Turkey. On July 25, 2001, he went to the infirmary of his regiment to complain about severe pain in his left eye. The military doctor was unavailable, so he was given eye drops by another soldier, who had no medical qualifications. He later …Read more

Tags: Access to healthcare, Access to treatment, Blind, Diagnostics, Handicapped, Misdiagnosis, Negligence, Public hospitals
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

Murray v. The Netherlands

Country: Netherlands
Year: 2016
Court: European Court of Human Rights
Citation: [2016] ECHR 10511/10
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person
Facts:

In 1980, the Applicant, Mr. James Clifton Murray, was found guilty of the murder of a six year old girl in Aruba. At the time of his conviction, the Netherlands consisted of the Netherlands and the Netherlands Antilles, which included the islands of Aruba and Curaçao. The judgment from the First Instance Court of the …Read more

Tags: Access to health care, Access to treatment, Imprisonment, Incarceration, Inmate, Jail, Mental disability, Mental disorder, Mental illness, Mental retardation
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

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

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

Bentley v. Maplewood Seniors Care Society

Country: Canada
Year: 2015
Court: Court of Appeal, British Columbia
Citation: 2015 BCCA 91
Health Topics: Aging, Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health
Facts:

Mrs. Bentley was an 83-year-old woman suffering from Alzheimer’s Disease. Mrs. Bentley had not spoken since 2010 and did not recognize anyone. In 1991 she had signed a directive that expressed her desire to be allowed to die and not be kept alive by artificial means or heroic measures in case there was no reasonable …Read more

Tags: Aged person, Diet, Elderly, Food, Health facilities, Incompetence, Long-term care, Mental competence, Neurological diseases, Patient choice, Unauthorized treatment
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

D.N v. The MEC for Health, Gauteng

Country: South Africa
Year: 2015
Court: The High Court Of South Africa, Gauteng North Division, Pretoria
Citation: [2015] ZAGPPHC 645
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health
Facts:

The plaintiff filed a suit against the Member of the Executive Council for negligence on part of the George Mukhari Hospital during and after her caesarean (C-sec) operation and also the manner in which they treated her infant daughter. The said public hospital is under the administration of the Gauteng Provincial Department. The plaintiff was …Read more

Tags: Access to health care, Access to treatment, Caesarean, Childbirth, Children, Duty of care, Health facilities, Inadequate treatment, Infant, Infant health, Maternal health, Minor, Negligence, Pediatric health, Pregnancy, Psychology, Public hospitals, Remedies, Standard of care, Trauma
Download Judgment: English