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16 judgments found.
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
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
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
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
Country:
South Africa Year: 2015
Court: High Court, North Gauteng
Citation: [2015] ZAGPHC, 27401/15
Health Topics:
Chronic and noncommunicable diseases,
Controlled substances,
Informed consent,
Mental health Human Rights: Right to bodily integrity,
Right to liberty and security of person,
Right to life Facts: This case concerned physician-assisted suicide in South Africa. The applicant, a 66-year-old highly educated, experienced lawyer with four children and a mother, had terminal stage 4 cancer with only a few weeks left to live and brought suit against various government ministries. He sought a declaratory order that a medical practitioner may end, or enable …Read more
Tags: Cancer,
Informed choice,
Noncommunicable diseases,
Palliative care,
Patient choice,
Suicide
Country:
South Africa Year: 2008
Court: High Court (Cape of Good Hope Provincial Division)
Citation: [2008] ZAWCHC 34; [2008] 4 All SA 360 (C)
Health Topics:
HIV/AIDS,
Medicines Facts: The applicants, T and S, applied for relief against the 12 respondents in relation to certain vitamin-based pharmaceutical products (“Products”) which T and S alleged were being unlawfully distributed and marketed in South Africa as a treatment for AIDS while the distributors discredited legitimate antiretroviral medicines. T and S produced expert testimony that antiretroviral medicines …Read more
Tags: AIDS,
Alternative medicines,
Antiretrovirals,
ARVs,
Clinical trials,
Drug quality,
Drug safety,
HIV,
People living with HIV/AIDS,
Pharmaceuticals,
PLHIV,
Spurious medicines
Country:
South Africa Year: 2006
Court: High Court - Durban and Coast Local Division
Citation: 2006 (6) SA 575 (D); 2007 (1) BCLR 84 (SAHC Durban 2006)
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Infectious diseases,
Medicines,
Prisons Human Rights: Right to due process/fair trial,
Right to life Facts: This is an application for leave to appeal an interim implementation order. In the main application fifteen prisoners were successful in compelling the State to provide them, and other similarly situated prisoners living with HIV/AIDS, with antiretroviral (ARV) treatment while they were incarcerated at the Westville Correctional Centre (WCC) in KwaZulu-Natal province. The Respondents filed …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Budget,
Detention,
First-line treatment,
HIV positive,
Imprisonment,
Incarceration,
Second-line treatment,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
South Africa Year: 2006
Court: High Court - Durban and Coast Local Division
Citation: 2006 (6) SA 543 (D); 2007 (1) BCLR 84 (D)
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Infectious diseases,
Medicines,
Poverty,
Prisons Human Rights: Right to health Facts: An urgent application was filed on behalf of fifteen prisoners living with HIV/AIDS who required antiretroviral (ARV) treatment while incarcerated at the Westville Correctional Centre (WCC) in KwaZulu-Natal province. The Applicants were acting in their individual capacities and as representatives of the class of prisoners incarcerated at WCC. The sixteenth applicant was the Treatment Action …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Budget,
Custody,
Detention,
Essential medicines,
First-line treatment,
Health expenditures,
Health funding,
Health spending,
HIV,
HIV positive,
Imprisonment,
Incarceration,
Inmate,
Jail,
People living with HIV/AIDS,
Pharmaceuticals,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
South Africa Year: 2005
Court: High court of Transvaal Provincial Division
Citation: Case No: 38151 / 05; [2007] JOL 18957 (T)
Health Topics:
Disabilities,
Health care and health services,
HIV/AIDS,
Hospitals,
Infectious diseases,
Medicines,
Prisons Facts: The Applicant, Simon Musi Mazibuko, was a prisoner living with HIV. He had been convicted of murder assault with intent to do grievous bodily harm, robbery, theft, and unlawful possession of a firearm and ammunition, and sentenced to life in prison. The Applicant was suffering from several opportunistic infections, including tuberculosis, and his CD4 count …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Detention,
Disabled,
Handicapped,
Health care professionals,
Health care workers,
HIV positive,
Imprisonment,
Jail,
People living with HIV/AIDS,
Physically challenged,
PLHIV,
Testing
Country:
South Africa Year: 2004
Court: High Court - Transvaal Provincial Division
Citation: [2004] 3 All SA 613 (T)
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to health,
Right to liberty and security of person Facts: The Applicant, a prisoner, was suffering from chronic myeloid leukemia, a terminal illness. He had no prospects of recovery and was on the verge of dying in prison. He sought the review and setting aside of Respondents’ refusal to release him on medical parole and requested his immediate release. He also requested an order allowing …Read more
Tags: Access to treatment,
Cancer,
Emergency care
Download Judgment:
Country:
South Africa Year: 2004
Court: High Court - Transvaal Provincial Division
Citation: 2004 (10) BCLR 1086 (T)
Health Topics:
Child and adolescent health,
Informed consent,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to family life,
Right to health,
Right to liberty and security of person,
Right to privacy Facts: Christian Lawyers’ Association (“plaintiff”) submitted an action seeking to find unconstitutional sections of the Choice on Termination of pregnancy Act 92 of 1996 (“the Act”). The sections enabled women under the age of 18 to terminate their pregnancy without restrictions such as parental consent, parental consultation, required counselling, or a waiting period (collectively called “parental …Read more
Tags: Abortion,
Children,
Criminalization,
Health care professionals,
Health care workers,
Informed choice,
Minor,
Parental consent,
Parental notification,
Pregnancy,
Termination of pregnancy
Country:
South Africa Year: 2003
Court: High Court - Cape of Good Hope Provincial Division
Citation: [2003] ZAWCHC 46
Health Topics:
Chronic and noncommunicable diseases,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity Facts: While serving a six-year sentence in prison, Stanfield was diagnosed with lung cancer. Prior to this diagnosis he had already suffered from advanced coronary disease. The lung cancer required treatment with chemotherapy for three consecutive days every twenty-one days over a period of at least six months. In light of his medical condition, Stanfield sought …Read more
Tags: Cancer,
Custody,
Detainee,
Detention,
Imprisonment,
Incarceration,
Jail,
Lung disease,
Noncommunicable diseases
Country:
South Africa Year: 2001
Court: High Court - Transvaal Provincial Division
Citation: 2002(4) BCLR 356 (T)
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
HIV/AIDS,
Hospitals,
Infectious diseases,
Medicines,
Sexual and reproductive health Human Rights: Right to health,
Right to life Facts: Applicants sought an order that the respondents (the Minister of Health and the members of the executive council for health) make Nevirapine available to pregnant women with HIV who give birth in public health institutions and “produce and implement an effective national program to prevent or reduce mother to child transmission (MTCT) of HIV, including …Read more
Tags: Access to medicines,
Access to treatment,
Antiretrovirals,
ARVs,
Child development,
Child mortality,
Children,
Counseling,
HIV positive,
Infant health,
Infant mortality,
Maternal health,
Minor,
Public hospitals,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Testing
Country:
South Africa Year: 1998
Court: High Court of South Africa-Former Transvaal Provincial Division
Citation: Christian Lawyers Assoc. of S. Afr. & Ors. v. Minister of Health & Ors., High Court of South Africa, Transvaal Provincial Division, 50 BMLR 241, July 10, 1998. (S. Afr.).
Facts: Plaintiffs brought on a constitutional challenge to the recently enacted Choice of Termination of Pregnancy Act of 1996, alleging that the Act violated Section 11 of the South African Constitution, which provides that everyone has the right to life. The Choice of Termination Act allowed abortion during the first trimester regardless of the reason and …Read more
Country:
South Africa Year: 1997
Court: High Court - Cape of Good Hope Provincial Division
Citation: 1997 (4) SA 441 (C); 1997 (6) BCLR 789 (C)
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Infectious diseases,
Medicines,
Poverty,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health Facts: The Applicants were four prisoners living with HIV. They sought an order declaring that prisoners living with HIV who had reached the symptomatic stage of the disease and whose CD4 counts was less than 500 per milliliter of blood were entitled to receive appropriate antiretroviral treatment at the Government’s expense. They noted that Section 35(2)(e) …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Budget,
Custody,
Detention,
Essential medicines,
First-line treatment,
Health expenditures,
Health funding,
Health spending,
HIV,
HIV positive,
Imprisonment,
Incarceration,
Inmate,
Jail,
People living with HIV/AIDS,
Pharmaceuticals,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
South Africa Year: 1996
Court: High Court
Citation: 1996 (4) SA 292 (T)
Health Topics:
Health information,
HIV/AIDS,
Infectious diseases,
Informed consent,
Prisons Human Rights: Right of access to information,
Right to privacy Facts: While a prisoner in custody of the defendant, the plaintiff was informed by the prison nurse in the presence of other prisoners that he was to undergo a blood test for HIV and that he had the right to refuse such test. This information was repeated to the plaintiff in a closed consulting room, but …Read more
Tags: AIDS,
Compulsory testing,
Confidentiality,
Custody,
HIV,
HIV positive,
HIV status,
Imprisonment,
Incarceration,
Informed choice,
Inmate,
Involuntary testing,
Jail,
Mandatory testing,
Most-at-risk,
Non-consensual testing and treatment,
Patient choice,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Transmission