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12 judgments found.
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:
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:
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:
Bolivia Year: 2014
Court: Inter-American Commission on Human Rights
Citation: Report No. 72/14, Case 12.655; Merits I.V. BOLIVIA; August 15, 2014
Health Topics:
Informed consent,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to family life,
Right to privacy Facts: I.V. went to a hospital for a cesarean section and was sterilized by her doctor. She alleged that the only questions that the doctor had asked her before the procedure were where she had her first cesarean section and whether she had previously had an infection. I.V. maintained that she was not given any information …Read more
Tags: Compulsory sterilization,
Compulsory treatment,
Forced sterilization,
Forced treatment,
Health care professionals,
Informed choice,
Involuntary sterilization,
Involuntary treatment,
Non-consensual testing and treatment,
Patient choice,
Pregnancy,
Sterilization,
Unauthorized treatment
Country:
Bolivia Year: 2010
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
HIV/AIDS,
Medicines,
Poverty Human Rights: Right to health,
Right to life Facts: A constitutional amparo (writ of injunctive relief) petition was brought the petitioner on behalf of his minor daughter against the Department Director of the Sexually Transmitted Infections/A.I.D.S. (“STI/AIDS”) Program, alleging violations of his daughter’s rights to life, to health, to “legal certainty,” and to petition, as guaranteed by the Bolivian Constitution. The petitioner’s daughter lived …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Children,
Essential medicines,
Health expenditures,
Health funding,
HIV,
HIV positive,
Indigent,
Low income,
Minor,
Pediatric health,
People living with HIV/AIDS,
PLHIV,
Poor,
Subsidies
Country:
Bolivia Year: 2010
Court: Constitutional Court [Tribunal Constitucional]
Citation: SC 0074/2010-R, Sucre, May 3, 2010.
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Freedom of movement and residence,
Right to health,
Right to liberty and security of person,
Right to life Facts: This case was an appeal of a petition for a writ of habeas corpus brought by the claimant, Eusebio Alejandro Soto, against Marcelo Cuellar Crespo, director of the San Juan de Dios Municipal Public Hospital. The claimant brought the petition against the hospital when he was detained there for failure to pay for his treatment …Read more
Tags: Access to health care,
Access to treatment,
Detainee,
Detention,
Emergency care,
Health insurance,
Out-of-pocket expenditures,
Private hospitals,
Public hospitals
Country:
Bolivia Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 8/08, Case 11.426
Health Topics:
Controlled substances,
Health care and health services,
Mental health,
Prisons,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: The petitioner sued the Bolivian State (“the State”) for numerous violations regarding her treatment in prison. The present case is deciding whether this petition is admissible before the Inter-American Commission on Human Rights (“the Commission”). There is disagreement between the parties as to the facts. Marcela Alejandra Porco, an Argentine citizen, was detained in the …Read more
Tags: Abuse,
Access to health care,
Access to treatment,
Cocaine,
Counseling,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Diagnostics,
Examination,
Imprisonment,
Isolation,
Jail,
Mental illness,
Mental institution,
Prison conditions,
Psychosis,
Schizophrenia,
Solitary confinement
Country:
Bolivia Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 40/08, Petition 270-07, July 23, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics:
Informed consent,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom of expression,
Right to bodily integrity,
Right to due process/fair trial,
Right to family life,
Right to liberty and security of person,
Right to privacy Facts: In 2000, the Ombudsman of Bolivia, on behalf of the victim, lodged a petition to the Inter-American Commission on Human Rights alleging that victim was submitted to a surgical procedure of ligature of the fallopian tubes in a public hospital without her informed consent and this was therefore an involuntary sterilization. The Ombudsman further alleged …Read more
Tags: Caesarean,
Childbirth,
Forced sterilization,
Forced treatment,
Infertility,
Informed choice,
Involuntary sterilization,
Involuntary treatment,
Maternal health,
Maternal mortality,
Non-consensual testing and treatment,
Patient choice,
Pregnancy,
Sterilization,
Unauthorized treatment
Country:
Bolivia Year: 2007
Court: Constitutional Tribunal
Citation: Tribunal Constitucional [Constitutional Court], Constitutional Judgment 0874/2007-R, December 12, 2007 (Bol.).
Health Topics:
Sexual and reproductive health Human Rights: Right to health,
Right to liberty and security of person,
Right to life,
Right to social security,
Right to work Facts: The plaintiff worked as the Senior Administrative Officer of the Municipal Office of Ocuri. When she became pregnant, she informed the Mayor in order to receive a prenatal allowance. The mother received the subsidy for only one of the two months to which she was entitled and she did not received any salary during that …Read more
Tags: Employment,
Maternal health,
Pregnancy,
Social security,
Subsidies
Country:
Bolivia Year: 2004
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Citation: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia], Constitutional Judgment 12/94/2004-R, August 12, 2004 (Bol.)
Health Topics:
Aging,
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals,
Poverty Human Rights: Right to health,
Right to life,
Right to social security Facts: The National Commission on Benefits of the National Health Treasury (CNS) provided free medical insurance for the elderly. Alejandro Cuba Plaza, a beneficiary of CNS, was diagnosed with “terminal chronic kidney failure” and treated with ongoing hemodialysis at Obrero Hospital. After 52 weeks of treatment, CNS ordered the Director of Obrero Hospital to transfer Plaza …Read more
Tags: Access to health care,
Access to treatment,
Aged persons,
Budget,
Elderly,
Health care technology,
Health funding,
Health insurance,
Health regulation,
Health spending,
Kidney disease,
Long-term care,
Low income,
Older persons,
Out-of-pocket expenditures,
Poor,
Private hospitals,
Public hospitals,
Senior citizens,
Social security,
Subsidies,
Tertiary care
Country:
Bolivia Year: 2003
Court: Constitutional Tribunal [Tribunal Constitucional]
Citation: Ana María Romero de Campero, Defensora del Pueblo v. Máximo García Bonilla, et al., General Manager of Health
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Medicines Human Rights: Right to health,
Right to life,
Right to social security Facts: The applicant ombudsman, representing N.N., brought an action against the President and General Auditor of the Supreme Court of Military Justice, and against the General Manager and Manager of Health of Military Social Security Corporation (COSSMIL). The applicant alleged that by denying N.N. a right to medical treatment, his right to health, life and social …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Health insurance,
Health spending,
HIV,
HIV positive,
HIV status,
Military,
People living with HIV/AIDS,
Social security
Country:
Bolivia Year: 2003
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics:
Health care and health services,
HIV/AIDS,
Infectious diseases,
Mental health,
Prisons,
Violence Human Rights: Right to health,
Right to life Facts: After being violently captured during an attempted escape from prison, Carlos Orlando and Rubén Suárez Saavedra, the sons of the plaintiff, were in need of medical treatment. Carlos Orlando was suffering from appendicitis, an inflamed gallbladder, and a broken rib while Rubén had AIDS and was experiencing pulmonary tuberculosis, immunodeficiency, symptoms of depression, and a …Read more
Tags: Abuse,
Access to health care,
Access to treatment,
AIDS,
Assault,
Cruel treatment,
Custody,
Degrading treatment,
Depression,
Imprisonment,
Incarceration,
Inmate,
People living with HIV/AIDS,
PLHIV,
Police,
TB,
Tuberculosis
Country:
Bolivia Year: 2002
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Prisons,
Violence Human Rights: Right to health,
Right to life Facts: A constitutional amparo (writ of injunctive relief) petition was filed by Marco Marino Diodato del Gallo against the Governor of the Center for Rehabilitation “Santa Cruz” (the “Prison Governor”), alleging infringement of the claimant’s rights to life and health and safety. On March 12, 2001, the claimant suffered a triple heart attack caused by the …Read more
Tags: Abuse,
Access to health care,
Assault,
Custody,
Heart disease,
Imprisonment,
Incarceration,
Inmate,
Jail,
Noncommunicable diseases,
Prison conditions
Country:
Bolivia Year: 2000
Court: Constitutional Tribunal of Bolivia [Tribunal Constitucional de Bolivia]
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing Human Rights: Right to health,
Right to life,
Right to social security Facts: After her body rejected a kidney transplant, Rocio Mercadeo Zimerman began hemodialysis treatment with the National Health Fund (the “Fund”) on June 6, 1995. The treatment was authorized to continue for one year, but was discontinued on May 18, 1996 after Zimerman’s health was stabilized because of a new, successful kidney transplant. In March of …Read more
Tags: Access to health care,
Access to treatment,
Budget,
Health funding,
Health insurance,
Health regulation,
Kidney disease,
Noncommunicable diseases,
Out-of-pocket expenditures,
Reimbursement,
Secondary care,
Social security
Country:
Bolivia Year: 2000
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to work Facts: Gloria Máxima Ortiz Rivera, an employee at the Municipality of Sucre, received memorandum No. 95/00 on February 22, 2000, which she claimed put her in the fifth bracket of the payroll and constituted a demotion and an indirect dismissal. Rivera asserted that upon reaching her 32nd week of pregnancy she was prevented from accepting the …Read more
Tags: Employment,
Maternal health,
Pregnancy