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69 judgments found.


Parrillo v. Italy

Country: Italy
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 46470/11
Health Topics: Sexual and reproductive health
Human Rights: Right to life, Right to privacy, Right to property
Facts:

The applicant, Parrillo, claimed that a legislative ban preventing her from donating embryos conceived in vitro to scientific research violated her rights to respect for private life and peaceful enjoyment of her possessions under Article 8 and Article 1 of Protocol No. 1 of the European Convention for the Protection of Human Rights and Fundamental …Read more

Tags: Assisted reproductive technology, In utero fertilization, In vitro fertilization
Download Judgment: English

Nyakaana v. National Environment Management Authority & 6 Ors.

Country: Uganda
Year: 2015
Court: Supreme Court
Citation: [2015] UGSC 14
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to due process/fair trial, Right to property
Facts:

The National Environment Management Authority (“NEMA”) demolished the petitioner’s house after serving notice that his residential property was in a wetland. He filed a Constitutional Petition in the Constitutional Court maintaining that his rights over his property and his right to a hearing and to an appeal had been violated. He claimed that Sections 67, …Read more

Tags: Clean water, Cleanliness, Environmental degradation, Environmental hazards, Harm reduction, Pollution, Water pollution, Water safety
Download Judgment: English

Maloney v. The Queen

Country: Australia
Year: 2013
Court: High Court
Citation: [2013] HCA 28
Health Topics: Controlled substances
Human Rights: Freedom from discrimination, Right to liberty and security of person, Right to property
Facts:

The appellant was an Indigenous resident of Palm Island in Queensland who was charged with possession of more than a prescribed quantity of liquor in a restricted area on Palm Island contrary to section 168B of the Liquor Act 1992 (Q) (“Liquor Act”). Palm Island was a “community government area” within the meaning of the …Read more

Tags: Abuse, Alcohol, Assault, Criminalization, Indigenous groups
Download Judgment: English

Front for the Liberation of the State of Cabinda v. Republic of Angola

Country: Angola
Year: 2013
Court: African Commission on Human and Peoples’ Rights
Citation: Communication 328/06
Health Topics: Disasters and emergencies, Poverty, Public safety
Human Rights: Right to a clean environment, Right to development, Right to property, Rights to the benefits of culture
Facts:

The state of Cabinda was declared annexed by Angola without any Cabindan participation in 1975. Despite protests by the Cabindan people, Angola exercised sovereignty over Cabinda. Groups in Cabinda attempted to re-claim autonomy of their country in 2002, but Angola undertook a massive military campaign against them. Angola’s large military force committed numerous documented human …Read more

Tags: Armed conflict, Cruel treatment, Humanitarian crisis, Indigenous groups, Low income, Military, Poor, Threat of violence, Torture
Download Judgment: English

National Federation of Independent Business v. Sebelius

Country: United States
Year: 2012
Court: Supreme Court
Citation: 132 S. Ct. 2566 (2012)
Health Topics: Health care and health services, Health systems and financing, Poverty
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to property
Facts:

After significant political struggles, the US Congress enacted the Patient Protection and Affordable Care Act in 2010. This act had two components, 1) it obligated individuals to maintain “‘minimum essential’ health insurance coverage” through an individual mandate, 2) it contained an expansion of the federal Medicaid program that is run by US states. The constitutionality …Read more

Tags: Access to health care, Access to treatment, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Indigent, Low income, Poor
Download Judgment: English

Kichwa Peoples of the Sarayaku Community v. Ecuador

Country: Ecuador
Year: 2012
Court: Inter-American Court of Human Rights
Citation: Case No. 12.465; Series C No. 245, June 27, 2012
Health Topics: Diet and nutrition, Environmental health, Health care and health services, Medicines, Violence
Human Rights: Freedom of expression, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to participation, Right to property
Facts:

This case concerned the Kichwa nation of the Ecuadorian Amazon, which encompassed two Peoples who shared the same linguistic and cultural tradition. The State of Ecuador had granted a private oil company a permit to carry out oil exploration and exploitation of activities in the ancestral territory of the Kichwa nation. The State did not …Read more

Tags: Abuse, Access to health care, Access to treatment, Alternative medicine, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Diet, Humiliating treatment, Indigenous groups, Indigenous medicine, Industrial waste, Inhuman treatment, Military, Pollution, Primary care, Rape, Sexual violence, Torture, Violence against women
Download Judgment: English Spanish

JT International SA v. Commonwealth

Country: Australia
Year: 2012
Court: High Court
Citation: [2012] HCA 43
Health Topics: Chronic and noncommunicable diseases, Health information, Tobacco
Human Rights: Right to property
Facts:

Australia’s Tobacco Plain Packaging Act 2011 (“TPP Act”) imposed restrictions on the color, shape and finish of retail packaging for tobacco products. It prohibited the use of trade marks on such packaging other than the use of a brand, business or company name for the relevant tobacco product. Preexisting regulatory requirements for health messages and …Read more

Tags: Advertising, Awareness, Health promotion, Heart disease, Lung disease, Noncommunicable diseases, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

Jocelyn Edwards

Country: Australia
Year: 2011
Court: Supreme Court of New South Wales
Citation: (2011) 81 NSWLR 198; [2011] NSWSC 478
Health Topics: Chronic and noncommunicable diseases, Hospitals, Informed consent, Occupational health, Sexual and reproductive health
Human Rights: Right to property
Facts:

Jocelyn and Mark Edwards were happily married and intended to have a child. They encountered some difficulties in conceiving and consulted a fertility clinic. Both subsequently agreed to in vitro fertilization (IVF) treatment. Mark had earlier expressed the importance to him of Jocelyn having their child before he was “unable” to, which was positively supported …Read more

Tags: Assisted reproductive technology, Cancer, Clinics, Contraceptives, Fertility, In vitro fertilization, Infertility, Informed choice, Occupational accident, Public hospitals
Download Judgment: English

Bazley v. Monash IVF

Country: Australia
Year: 2010
Court: Supreme Court of Queensland
Citation: [2011] 2 Qd R 207; [2010] QSC 118
Health Topics: Chronic and noncommunicable diseases, Hospitals, Sexual and reproductive health
Human Rights: Right to property
Facts:

Warren Bazley provided a semen sample (the semen) to the Wesley Monash IVF clinic (IVF Clinic), prior to undergoing chemotherapy, so that his wife (Kate) might conceive their child. Unfortunately, Warren passed away before his wife became pregnant. Following Warren’s death, in response to Kate’s request to continue storing the semen, the IVF Clinic responded …Read more

Tags: Assisted reproductive technology, Cancer, Clinics, Family planning, Fertility, Infertility, Noncommunicable diseases
Download Judgment: English

Subasic v. Croatia

Country: Croatia
Year: 2010
Court: European Court of Human Rights
Citation: Application No. 49740/06; [2010] ECHR 604
Health Topics: Child and adolescent health, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property, Right to social security
Facts:

In August 1998, Maja Šubašić, a Croatian national, gave birth prematurely to twin girls while visiting Athens. As a result, her daughters had to be hospitalized in Athens for three months. In October, the Croatian Health Insurance Fund reimbursed Mrs. Šubašić for the costs of her own medical treatment. In April 1999, however, the Fund …Read more

Tags: Childbirth, Health insurance, Infant health, Out-of-pocket expenditures, Reimbursement, Social security
Download Judgment: English Croatian

Mossville Environmental Action Now v. United States

Country: United States
Year: 2010
Court: Inter-American Commission on Human Rights
Citation: Report No. 43/10, Petition 242-05, March 17, 2010
Health Topics: Chronic and noncommunicable diseases, Environmental health
Human Rights: Freedom from discrimination, Right to a clean environment, Right to family life, Right to health, Right to life, Right to property
Facts:

This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration) and the American Convention on Human Rights (the Convention), including protection of the right to health and equality before law. Mossville, Louisiana is a …Read more

Tags: Biohazard, Biosafety, Cancer, Contamination, Heart disease, Industrial waste, Lung disease, Neurological diseases, Poisoning, Pollution, Pulmonary diseases, Respiratory diseases, Skin disease, Toxic waste
Download Judgment: English Spanish

Xákmok Kásek Indigenous Community v. Paraguay

Country: Paraguay
Year: 2010
Court: Inter-American Court of Human Rights
Citation: Inter-Am. Ct. H.R. (ser. C) No. 214 (Aug. 24, 2010).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Infectious diseases, Medicines, Poverty, 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 due process/fair trial, Right to life, Right to property
Facts:

Indigenous community Xákmok Kásek brought an action against the government of Paraguay before the Inter-American Commission on Human Rights for failure to meet its international responsibility of timely granting the community members’ request in 1990 for a guarantee of their right to their ancestral lands. Because the government had failed to process their request, the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Chagas, Childbirth, Children, Dehydration, Diet, Drinking water, Health insurance, Health records, Immunization, Indigenous groups, Infant health, Infant mortality, Malnutrition, Maternal health, Maternal mortality, Medical records, Minor, Potable water, Pregnancy, Stunting, Tuberculosis, Vaccination, Vaccines
Download Judgment: English Spanish

HKSAR v Asaduzza

Country: China
Year: 2010
Court: Hong Kong Special Administrative Region Court of Appeal
Citation: [2010] HKCFI 431
Health Topics: Diet and nutrition, Infectious diseases, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to property
Facts:

The appellant, Asaduzzaman, was charged with contravening s.30AA of the Food Business Regulation, Cap. 132, which prohibits a permittee of a fresh provision shop license from allowing live poultry on the premises between 8:00PM of each day to 5:00AM the next day. On the evening of 4 September 2008, Asaduzzaman took four live chickens from …Read more

Tags: Avian influenza, Cleanliness, Food, Food safety, Food-borne diseases, Safety regulation
Download Judgment: English

Roma Drug, et al. v. Glaxo SmithKline, et al.

Country: Philippines
Year: 2009
Court: Supreme Court
Citation: G.R. No. 149907
Health Topics: Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to property
Facts:

The National Bureau of Investigation (NBI) and the Bureau of Food and Drugs (BFAD) raided Roma Drug and five other drug stores at the request of SmithKline Beecham Research Limited (SmithKline), the authorized local distributor for its London-based parent company. In the raid, the NBI and BFAD seized several imported medicines sold by the drug …Read more

Tags: Access to drugs, Access to medicines, Clinical testing, Clinical trials, Drug quality, Drug safety, Drug testing, Generic drugs, Indigent, Intellectual property, Low income, Manufacturing, Patents, Pharmaceuticals, Poor, Spurious medicines, TRIPS
Download Judgment: English

Ngobe Indigenous Communities v. Panama

Country: Panama
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 75/09, Petition 286-08, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Public safety, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to a clean environment, Right to due process/fair trial, Right to liberty and security of person, Right to participation, Right to property, Rights to the benefits of culture
Facts:

In May 2007, the State of Panama, without community consultation, granted a concession for the construction of a hydroelectric dam within the traditional lands of an indigenous community, the Ngöbe. Although the construction of the dam was still in its initial stages at the time the petition was filed, the petitioner alleged that the work …Read more

Tags: Air pollution, Assault, Children, Clean water, Cleanliness, Contamination, Drinking water, Environmental degradation, Environmental hazards, Forced displacement, Indigenous groups, Law enforcement, Lung disease, Minor, Pediatric health, Police, Pollution, Potable water, Respiratory diseases, Safe drinking water, Waste management, Water pollution
Download Judgment: English Spanish

Yearworth v. North Bristol NHS Trust

Country: United Kingdom
Year: 2009
Court: Court of Appeal, Civil Division
Citation: [2009] EWCA Civ 37
Health Topics: Chronic and noncommunicable diseases, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to property
Facts:

Six men appealed the decision of the Exeter County Court that denied recovery in tort for the damage of their sperm held in frozen storage at a facility run by the North Bristol NHS Trust (the “Trust”). All six of the men were diagnosed with cancer and were advised that chemotherapy was the appropriate treatment. …Read more

Tags: Assisted reproductive technology, Cancer, Compensation, Damages, Depression, Duty of care, Family planning, Fertility, Health facilities, In utero fertilization, In vitro fertilization, Infertility, Negligence, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English

Sudan Human Rights Organisation, et al. v. Sudan

Country: Sudan
Year: 2009
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 279/03-296/05 (2009).
Health Topics: Diet and nutrition, Disasters and emergencies, Environmental health, Health care and health services, Medicines, Sexual and reproductive health, Violence, 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 housing, Right to liberty and security of person, Right to life, Right to property
Facts:

The complainants, two human rights organizations based in Sudan, the United Kingdom and Canada, alleged gross and systematic violations of human rights on the part of the Republic of Sudan and Government-supported militia forces in the Darfur region against indigenous tribes, including the Fur, Marsalit and Zaghawa. The organizations alleged that since General Omar Al-Bashir …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Armed conflict, Clean water, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Drinking water, Food, Food shortages, Forced displacement, Humiliating treatment, Indigenous groups, Inhuman treatment, Militias, Poisoning, Rape, Refugees, Safe drinking water, Sexual abuse, Sexual assault, Sexual violence, Torture, Violence against women, Water pollution
Download Judgment: English

Charles Lukeyen Nabori, et al. v. Attorney General, et al.

Country: Kenya
Year: 2008
Court: High Court at Nairobi
Citation: Petition 466 of 2006
Health Topics: Chronic and noncommunicable diseases, Disasters and emergencies, Environmental health, Health systems and financing, Poverty
Human Rights: Freedom of movement and residence, Right to a clean environment, Right to life, Right to property
Facts:

The petitioners were pastoralists and communal landowners in the Baringo District in Rift Valley Province, Kenya. The petitioners alleged that the respondents (the Attorney-General, the Minister for Environmental and Natural Resources, the National Environment Management Authority, and the County Council of Baringo) were liable for violating their rights to life (under Section 71 of the …Read more

Tags: Asthma, Budget, Contamination, Environmental degradation, Environmental hazards, Forced displacement, Herbicide, Indigenous groups, Indigent, Manmade disaster, Poisoning, Poor, Precautionary principle, Refugees, Respiratory diseases
Download Judgment: English

Institute for Human Rights and Development in Africa v. Angola

Country: Angola
Year: 2008
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 292/04 (2008).
Health Topics: Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to property, Right to work
Facts:

The Institute for Human Rights and Development in Africa (IHRDA) filed a complaint on behalf of Mr. Esmaila Connateh and 13 other Gambians deported from Angola during March through May of 2004. IHRDA’s complaint alleged that Angola arbitrarily arrested and detained the individuals, along with tens of thousands of foreigners who had legally lived and …Read more

Tags: Abuse, Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Immigration, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Migrants, Prison conditions, Torture
Download Judgment: English

Citizens’ Association “Polio Plus” to the Constitutional Court

Country: Macedonia
Year: 2008
Court: Constitutional Court
Citation: 202/2007-0-0
Health Topics: Disabilities, Hospitals, Mental health
Human Rights: Freedom from discrimination, Right to property
Facts:

Citizens’ Association “Polio Plus” (the Association) challenged provisions of the Law on Mental Health (the Law) that regulated whether or not a person with mental illness would be given the right to possess personal items, such as clothing or items for hygiene, while resident in a mental health facility. These provisions stipulated that certain persons …Read more

Tags: Disabled, Health facilities, Mental disability, Mental illness, Psychiatry
Download Judgment: English Macedonian

Auto 092/08

Country: Colombia
Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Segunda de Revisión No. 092 abril 14, 2008, M.P.: Manuel José Cepeda Espinosa, Auto 092/08 (Colom.).
Health Topics: Child and adolescent health, Disasters and emergencies, Environmental health, Health care and health services, Health systems and financing, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to education, Right to health, Right to liberty and security of person, Right to life, Right to property, Right to work
Facts:

The Constitutional Court considered the persistence of an unconstitutional state of affairs with regard to forced displacement, which disproportionately affected women in Colombia. The Court originally declared an unconstitutional state of affairs in Ruling T-025 of 2004 and again in Resolution 218 of 2006. More than half the displaced people in Colombia  (54 per cent) …Read more

Tags: Armed conflict, Cruel treatment, Degrading treatment, Forced abortion, Forced displacement, Humiliating treatment, Indigenous groups, Inhuman treatment, Mental illness, Pregnancy, Rape, Refugees, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Torture, Violence against women
Download Judgment: Spanish

Advocate Sapana Pradhan Malla v. Prime Minister

Country: Nepal
Year: 2007
Court: Supreme Court
Citation: Writ No. 3561 of the year 2063 B. S (2006)
Health Topics: Child and adolescent health, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to due process/fair trial, Right to education, Right to health, Right to life, Right to privacy, Right to property, Right to work
Facts:

The Forum for Women, Law and Development, the Petitioner, was an organization working with vulnerable communities such as women, children and people living with HIV/AIDS (PLHIVA). Although the right to privacy was guaranteed under Article 28 of the Interim Constitution, 2007, there were no legal provisions safeguarding the privacy of women, children, or PLHIVA (the …Read more

Tags: Abortion, AIDS, Children, Domestic abuse, Domestic violence, HIV positive, HIV status, Minor, Pediatric health, People living with HIV/AIDS, PLHIV, Pregnancy, Sexual assault, Sexual harassment, Sexual violence, Termination of pregnancy, Violence against women
Download Judgment: English

Sawhoyamaxa Indigenous Community v. Paraguay

Country: Paraguay
Year: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 146 (Mar. 29, 2006).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Medicines, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to property
Facts:

The Sawhoyamaxa, an indigenous community in Paraguay brought the case against the Paraguayan government for failing to ensure their ancestral property right.  The Sawhoyamaxa’s claim for territorial rights had been pending since 1991.  The lands at issue constituted their traditional habitat suitable for their subsistence activities, consisting of hunting, fishing, and gathering. The lands claimed …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Child development, Child mortality, Children, Clean water, Drinking water, Immunization, Indigenous groups, Malnutrition, Minor, Pharmaceuticals, Safe drinking water, Sewage, Trash, Vaccination, Waste, Waste management
Download Judgment: English Spanish

Sesana v. Attorney General

Country: Botswana
Year: 2006
Court: High Court - Lobatse
Citation: Misca. No. 52 of 2002
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Infectious diseases, Informed consent, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to participation, Right to property
Facts:

In March 2002, the Botswana Government terminated certain basic services to the Central Kalahari Game Reserve (CKGR), including access to: Drinking water; Maintenance of borehole water; Rations to registered destitute; Rations to registered orphans; Transport for the applicants’ children to and from school; and Healthcare to the applicants through mobile clinics and ambulance services. The …Read more

Tags: Access to health care, Access to treatment, Child development, Children, Drinking water, Food, Forced displacement, Hunger, Indigenous groups, Indigent, Informed choice, Low income, Minor, Poor, Potable water, Primary care, Refugees, Starvation, Underprivileged
Download Judgment: English

Ituango Massacres v. Colombia

Country: Colombia
Year: 2006
Court: Inter-American Court of Human Rights
Citation: Inter-Am. C.H.R., (ser. C) No. 148 (Jul. 1, 2006).
Health Topics: Child and adolescent health, Disasters and emergencies, Mental health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to property
Facts:

Petitioners, the alleged victims of violent acts that took place in a region called La Granja, alleged before the Inter-American Commission on Human Rights that members of law enforcement bodies and paramilitary groups involved in the United Self-Defense Forces of Colombia participated in armed raids in which they killed unarmed civilians, robbed others, and caused …Read more

Tags: Armed conflict, Children, Forced displacement, Humanitarian crisis, Militias, Minor, Refugees
Download Judgment: English Spanish

Mami v. Paulina, et al.

Country: Ghana
Year: 2006
Court: Supreme Court
Citation: [2005-6] SCGLR 1116
Human Rights: Right to family life, Right to property
Facts:

N, a member of the Krobo tribe, died intestate with the result that his property was automatically devolved to his five children including his two married daughters M and P. According to the ‘fia’ custom of the Krobo tribe, a woman who contracted a lawful marriage was disqualified from inheriting any portion of her father’s …Read more

Tags: Indigenous groups
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Navid Hussain v. City District Government of Karachi

Country: Pakistan
Year: 2005
Court: High Court of Karachi
Citation: NLC 912
Health Topics: Environmental health
Human Rights: Freedom from discrimination, Right to a clean environment, Right to life, Right to property
Facts:

The Plaintiffs were lessees of Plot No.151-A, Block-II, PECHS Karachi (the plot), a residential complex. The lessor was the Ministry of Housing and Works, who was impleaded as Defendant No. 4 in the suit. The lease deed had a restrictive covenant which prevented the land from being converted from residential to commercial uses even after …Read more

Tags: Pollution
Download Judgment: English

Draon v. France

Country: France
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 1513/03; (2006) 42 EHRR 40; [2005] ECHR 679
Health Topics: Child and adolescent health, Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property
Facts:

The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Lionel and Christine Draon. AP-HP admitted liability for its negligence, and the Draons submitted an application to the Paris Administrative …Read more

Tags: Child development, Childbirth, Children, Compensation, Damages, Disabled, Handicapped, Infant health, Maternal health, Minor, Misdiagnosis, Negligence, Physically challenged, Pregnancy, Remedies
Download Judgment: English French

Maurice v. France

Country: France
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 11810/03; (2006) 42 EHRR 42; [2005] ECHR 683
Health Topics: Child and adolescent health, Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property
Facts:

The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Didier and Sylvia Maurice. Mr. and Mrs. Maurice submitted an application to the Paris Administrative Court for an assessment of …Read more

Tags: Child development, Childbirth, Children, Compensation, Damages, Disabled, Handicapped, Infant health, Maternal health, Minor, Misdiagnosis, Negligence, Physically challenged, Pregnancy, Remedies
Download Judgment: English French
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