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38 judgments found.


Writ Of Habeas Corpus 124.306 Rio De Janeiro STATE

Country: Brazil
Year: 2016
Court: Supreme Federal Court of Brazil
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The writ of Habeas Corpus was brought for the release of the defendants who were arrested for providing illegal abortion services through their clinic with the consent of the women. The Criminal District Court released the defendants but allowed the appeal of the Public Prosecutor for a pre-trial detention. The decision was based on the …Read more

Tags: Abortion, Access to health care, Access to treatment, Birth control, Childbirth, Clinics, Contraception, Contraceptives, Custody, Detainee, Detention, Family planning, Health facilities, Late-term abortion, Maternal health, Pregnancy, Private hospitals, Termination of pregnancy, Therapeutic abortion
Download Judgment: English Portuguese

S.C. v. Brazil

Country: Brazil
Year: 2014
Court: Committee on the Rights of Persons with Disabilities
Citation: Communication No. 10/2013; U.N. Doc. CRPD/C/12/D/10/2013
Health Topics: Chronic and noncommunicable diseases, Disabilities
Human Rights: Freedom from discrimination, Right to work
Facts:

A Brazilian national, S.C., worked as a teller at a state-run bank. S.C. was involved in three motorcycle accidents, in 2006, 2007, and 2009. She underwent surgery in 2008 after the second accident. She took medical leave in 2009. Under the bank’s internal policy, she was required to return from medical leave within three months …Read more

Tags: Disabled, Handicapped, Noncommunicable diseases, Physically challenged
Download Judgment: English

Alyne da Silva Pimentel Teixeira v. Brazil

Country: Brazil
Year: 2011
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 17/2008; UN Doc. CEDAW/C/49/D/17/2008
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to health, Right to life
Facts:

The author of the communication, the mother of a woman who had died during childbirth, claimed that Brazilian authorities had not ensured access to quality medical treatment during her daughter’s delivery in violation of nondiscrimination provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). More specifically, the author of …Read more

Tags: Access to health care, Access to treatment, Childbirth, Clinics, Diagnostics, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Health funding, Health records, Inadequate treatment, Inappropriate treatment, Indigent, Low income, Maternal health, Maternal mortality, Medical records, Miscarriage, Misdiagnosis, Negligence, Poor, Pregnancy, Private hospitals, Underprivileged
Download Judgment: English

Case AI 745391/MG

Country: Brazil
Year: 2011
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: AI 745391/MG (Attorney General of the Union v. Federal Prosecutor), Supremo Tribunal Federal [Federal Supreme Court] (2011) (Braz.).
Health Topics: Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Brazilian Federal Government filed an interlocutory appeal with the Supreme Court against the decision of the lower court, the Federal Court of the 1st Region (Tribunal Regional Federal da 1ª Região), to dismiss the extraordinary appeal filed to challenge the court’s decision recognizing the legitimacy of the Federal Prosecutor’s Office to propose a public …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Budget
Download Judgment: English Portuguese

Claudio Rodrigues Bernhardt v. Philip Morris

Country: Brazil
Year: 2011
Court: Oitava Câmara Civil do Tribunal de Justiça do Rio de Janeiro (8th Civil Chamber of the Court of Justice of Rio de Janeiro)
Citation: Claudio Rodrigues Bernhardt v. Philip Morris, No. 0000051-90.2002.8.19.0210, Oitava Câmara Civil do Tribunal de Justiça do Rio de Janeiro [8th Civil Chamber of the Court of Justice of Rio de Janeiro] (2011).
Health Topics: Controlled substances, Tobacco
Human Rights: Right to health, Right to life
Facts:

The plaintiff, Claudio Rodrigues, filed a lawsuit against the tobacco company, Souza Cruz, seeking damages for the death of his spouse, alleging that was caused by consumption of the tobacco products produced by Souza Cruz. The plaintiff argued that his spouse had been influenced into consuming the tobacco products by misleading advertisements that portrayed healthy …Read more

Tags: Compensation, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Portuguese

Municipality of Caxias do Sul v. Vinícius Carpeggiani

Country: Brazil
Year: 2011
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Municipality of Caxias do Sul v. Vinícius Carpeggiani, AI 797349/RS, Supremo Tribunal Federal [Federal Supreme Court] (2011).
Health Topics: Health care and health services, Medicines, Mental health, Poverty
Human Rights: Right to health, Right to life
Facts:

The Municipality of Caxias do Sul filed an extraordinary appeal against the decision of the lower court, which had found that the federal, state and municipal governments possessed joint liability to provide medications free of charge, for the treatment of serious disease, to those deemed to be financially needy, in order to abide by the …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Depression, Paranoia
Download Judgment: English Portuguese

Public Prosecutor’s Office of the State of São Paulo v. Attorney General of the State of São Paulo

Country: Brazil
Year: 2011
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Public Prosecutor's Office of the State of São Paulo v. Attorney General of the State of São PauloAC 2836/SP, Supremo Tribunal Federal [Federal Supreme Court] (2011).
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

A defendant in a rape case petitioned a writ of Habeas Corpus before the Federal Supreme Court against the Court of Appeals decision because the survivor refused to be subject to physical exam and the jurisprudence gives extra weight to witness evidence in absence of such exam.  The second argument was that the Court of …Read more

Tags: Health care technology, Low income, Poor, Underprivileged
Download Judgment: English Portuguese

Case AI 839594/RS

Country: Brazil
Year: 2011
Court: Supremo Tribunal Federal (Federal Supreme Court)
Citation: AI 839594/RS, Supremo Tribunal Federal [Federal Supreme Court] (2011).
Health Topics: Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

Rio Grande do Sul filed an interlocutory appeal against the lower court’s decision that denied the special appeal affirming Rio Grande do Sul’s duty to care for its citizen’s health, specifically by providing surgery and certain medications at no cost to Rinaldo Pinzetta, a needy citizen. The Court also assessed a fine to Rio Grande …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Low income, Poor
Download Judgment: English Portuguese

Case AI 840928/SP

Country: Brazil
Year: 2011
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: AI 840928/SP,
Health Topics: Health care and health services
Human Rights: Right to health, Right to social security
Facts:

The State of São Paulo filed an interlocutory appeal against the decision of the lower court (Tribunal de Justicia del Estado de São Paulo) that recognized the Public Prosecutor’s Office as a legitimate party to bring civil actions to protect “unavailable individual interests.” The state argued that the decision contravened articles 129 (institutional functions of the …Read more

Tags: Access to health care, Health regulation, Low income, Poor, Social security
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Adriana Ricardo da Rosa v. Sociedade de Onibus Porto Alegrense

Country: Brazil
Year: 2011
Court: Tribunal Superior do Trabalho, Primeira Turma (Superior Labor Court, 1st Section)
Citation: TST-RR-104900-64.2002.5.04.0022
Health Topics: Health care and health services, HIV/AIDS
Human Rights: Right to health, Right to life, Right to work
Facts:

Plaintiff carrying the HIV virus was wrongfully terminated from her employment at the Sociedade de Onibus Porto Alegrense and alleged discriminatory motives, because the employer was aware that the employee carried the HIV virus at the time of termination. The employer asserts that it first became aware of the employee’s condition four years prior to her …Read more

Tags: Access to health care, Employment, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV
Download Judgment: English Portuguese

Case AI 826577/RS

Country: Brazil
Year: 2010
Court: Federal Supreme Court
Citation: AI 826577/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics: Health care and health services, Medicines, Mental health, Poverty
Human Rights: Right to health, Right to life
Facts:

The Court of Justice found that the State of Rio Grande do Sul was responsible for providing medications, free of charge, to those who need them but are unable to afford them. In accordance with in accordance with Article 196 (right to health) and 23 (state and federal governments’ obligations to provide for health and …Read more

Tags: Access to drugs, Access to medicines, Bipolar, Depression, Essential medicines, Indigent, Low income, Mental disability, Mental illness, Paranoia, Poor, Schizophrenia, Suicide, Underprivileged
Download Judgment: Portuguese

Case AI 773049/RS

Country: Brazil
Year: 2010
Court: Federal Supreme Court
Citation: AI 773049/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics: Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Superior Court of Justice found that the State of Rio Grande do Sul had the obligation of providing the plaintiff in the case with medication free of charge because the plaintiff could not afford it. The court founded its decision on the constitutional rights to life, health, and human dignity.The state refused to comply …Read more

Tags: Access to drugs, Access to medicines, Essential medicines, Indigent, Low income, Poor, Pricing, Underprivileged
Download Judgment: Portuguese

Case AI 780709/RS

Country: Brazil
Year: 2010
Court: Federal Supreme Court
Citation: AI 780709/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics: HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Court of Justice held the State of Rio Grande do Sul responsible for providing medicines free of charge to an individual living with HIV who was unable to afford them. The court based its decision on the rights to life and health. Considering these medications necessary for the survival of the individual, the court blocked …Read more

Tags: Access to drugs, Access to medicines, AIDS, Antiretrovirals, ARVs, Budget, Essential medicines, Health spending, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV
Download Judgment: Portuguese

Gomes Lund, et al. (Araguaia Guerrilla) v. Brazil

Country: Brazil
Year: 2010
Court: Inter-American Court of Human Rights
Citation: Series C No. 219
Health Topics: Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right to due process/fair trial, Right to liberty and security of person
Facts:

On 26 March 2009, the IACmHR submitted to the IACtHR a lawsuit against Brazil, which originated in a petition filed on 7 August 1995 by the Center for Justice and International Law (CEJIL) and Human Rights Watch/Americas. The underlying claims concerned Brazil’s alleged responsibility for the arbitrary detention, torture and forced disappearance of 70 people, …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detainee, Detention, Execution, Forced disappearance, Humiliating treatment, Imprisonment, Military, Torture
Download Judgment: English Spanish

Antonio Tavares Pereira, et al. v. Brazil

Country: Brazil
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 96/09, Petition 4-04
Health Topics: Violence
Human Rights: Freedom of association, Freedom of movement and residence, Right to bodily integrity, Right to life
Facts:

Fifty buses worth of landless rural workers attempted to protest in Paraná’s capital for agrarian reform as large amounts of the rural lands in the state were owned by a few landholders. The caravan was intercepted by military police. When passengers got off one of the buses to inquire what was happening, the military police …Read more

Tags: Law enforcement, Military, Police
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Agência Nacional de Vigilância Sanitária (ANVISA) v. Philip Morris Brasil Ind. Com. Ltda.

Country: Brazil
Year: 2009
Court: Tribunal Regional da 2a Regiao (Regional Federal Court of the 2nd Region)
Citation: Agência Nacional de Vigilância Sanitária (ANVISA) v. Philip Morris Brasil Ind. Com. Ltda., No. 2009.02.01.006674-2, Tribunal Regional da 2a Regiao [Regional Federal Court of the 2nd Region] (2009).
Health Topics: Controlled substances, Tobacco
Human Rights: Freedom of expression, Right to health
Facts:

ANVISA (National Agency for Health Surveillance), brought action seeking a review of the lower court’s decision allowing Phillip Morris to refrain from placing the health warnings on the packaging of its tobacco products as required by Resolution 54/2008. The plaintiff alleged that failure to follow the tobacco-control regulation requiring tobacco companies to place a warning …Read more

Tags: Contamination, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Portuguese

Case MI 2090 / DF

Country: Brazil
Year: 2009
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Agenor Pereira Dias Filho v. National Congress, MI 2090 / DF, Supremo Tribunal Federal [Federal Supreme Court] (2009) (Braz.).
Health Topics: Occupational health
Human Rights: Right to social security
Facts:

The plaintiff, Agenor Pereira Dias Filho, filed an action against the National Congress before the Federal Supreme Court of Brazil, asking the Court to have §4 of article 40 of the Federal Constitution regulated. The plaintiff claimed that the nature of his work as nursing assistant subjected him to unhealthy working conditions and entitled him …Read more

Tags: Occupational hazards, Occupational health and safety, Safe working conditions
Download Judgment: English Portuguese

Municipality of Vitória, et al. v. Almeida, et al.

Country: Brazil
Year: 2009
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Municipality of Vitória, et al. v. Almeida, et al.,RE 573061/ES, Supremo Tribunal Federal [Federal Supreme Court] (2009).
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The Municipality of Vitoria, in the State of Espritio Santo, Brazil, and the Federal Government appealed to the Federal Supreme Court of Brazil – an extraordinary appeal – to have the decision of the lower court overruled. The lower court had decided in favor of Alessandro Dias Almeida and others that the State should provide …Read more

Tags: Access to treatment, Budget, Gender reassignment
Download Judgment: Portuguese

Pediatric Clinic of Los Lagos v. Brazil

Country: Brazil
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 70/08, Petition 12.242, October 16, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Hospitals, Infectious diseases, Medical malpractice, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to life
Facts:

Ten children died as a result of the presumed medical negligence of the personnel at the Clínica Pediátrica da Região dos Lagos. The hospital received funds from the state via the public system of health of Brazil called Sistema Unico de Salud. The majority of children treated at the hospital were from families with “reduced …Read more

Tags: Childbirth, Children, Cleanliness, Clinics, Compensation, Damages, Duty of care, Inadequate treatment, Inappropriate treatment, Indigent, Infant health, Infant mortality, Low income, Minor, Negligence, Pediatric health, Poor, Pregnancy, Private hospitals, Remedies, Standard of care, Underprivileged
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Federal Public Prosecutor’s Office v. Euclebe Roberto Vessoni, et al.

Country: Brazil
Year: 2008
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Federal Public Prosecutor's Office v. Euclebe Roberto Vessoni, et al., RE 541627/PA, Supremo Tribunal Federal [Federal Supreme Court] (2008).
Health Topics: Health care and health services, Health systems and financing, Occupational health
Human Rights: Right to health, Right to life
Facts:

The Federal Prosecutor’s Office filed an extraordinary appeal against the decision of the First Region Federal Court, which ruled that crimes against employees amounting to conditions analogous to slavery (crime against the organization of work), exposure to risk of life and health of such workers, the frustration of their labor rights and omission of data …Read more

Tags: Occupational hazards, Occupational health and safety, Safe working conditions
Download Judgment: English Portuguese

Municipality of Caxias do Sul v. Martha Rath Bohrer

Country: Brazil
Year: 2007
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Municipality of Caxias do Sul v. Martha Rath Bohrer, AI 559055/RS, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Municipality of Caxias do Sul brought an interlocutory appeal against the Court of Justice of Rio Grande do Sul’s decision, refusing to admit an extraordinary appeal. The Court of Justice found that the federal, state and municipal governments possessed joint liability, stemming from their duty to provide free pharmaceuticals for the treatment of serious …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment
Download Judgment: English Portuguese

Public Prosecutor’s Office of the State of Rio Grande do Sul v. State of Rio Grande do Sul

Country: Brazil
Year: 2007
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Public Prosecutor's Office of the State of Rio Grande do Sul v. State of Rio Grande do Sul, RE 570308/RS, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Health care and health services
Human Rights: Right to health, Right to life
Facts:

The Public Prosecutor’s Office of the State of Rio Grande do Sul filed an extraordinary appeal against the decision of the Rio Grande do Sul’s Court of Justice. The Court of Justice found that the Public Prosecutor was not entitled to bring an action on the behalf of an individual, because any individual may bring …Read more

Tags: Access to health care
Download Judgment: Portuguese

Public Prosecutor’s Office of the State of Santa Catarina v. State of Santa Catarina

Country: Brazil
Year: 2007
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Public Prosecutor's Office of the State of Santa Catarina v. State of Santa Catarina, RE 509569/SC, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Public Prosecutor’s Office of Santa Catarina filed a public action to compel the State of Santa Catarina to provide pharmaceuticals to a needy individual, for the treatment of his hepatitis B and C. The Court of Justice found that the Public Prosecutor’s filing of the action had been illegitimate. The Public Prosecutor then filed …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Hepatitis
Download Judgment: Portuguese

State of Espírito Santo v. Eduardo Antônio Vieira Tápias

Country: Brazil
Year: 2007
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: State of Espírito Santo v. Eduardo Antônio Vieira Tápias, RE 523726/ES, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Medicines, Poverty, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The State of Espírito Santo filed an extraordinary appeal against the decision of the Court of Justice of Espírito Santo. The Court of Justice found that the State was responsible for providing all medicine and medical assistance required for the treatment of an individual’s serious disease, including the drug Viagra. The State argued that the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment
Download Judgment: Portuguese

State of Pernambuco v. Geni Lira de Sales

Country: Brazil
Year: 2007
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: State of Pernambuco v. Geni Lira de Sales, AI 676044/PE, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The State of Pernambuco filed an interlocutory appeal against the Court of Justice of Pernambuco’s decision, refusing to admit an extraordinary appeal. The Court of Justice of Pernambuco found that the State was responsible for providing medication and health services to a needy individual suffering from chronic disease. The State argued that the constitutional obligation …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Low income, Poor, Underprivileged
Download Judgment: Portuguese

Case RE 568073/RN

Country: Brazil
Year: 2007
Court: Federal Supreme Court
Citation: RE 568073/RN, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Court of Justice found that the State of Rio Grande do Norte had the obligation of providing high-cost medication, free of charge, to an indigent individual suffering from melanoma. The Court of Rio Grande do Norte had previously dismissed an interlocutory appeal brought by the state. The State of Rio Grande do Norte filed an extraordinary …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Essential medicines, Indigent, Low income, Poor, Underprivileged
Download Judgment: Portuguese

State of Rio Grande do Sul v. Public Prosecutor’s Office of Rio Grande do Sul

Country: Brazil
Year: 2007
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: State of Rio Grande do Sul v. Public Prosecutor's Office of Rio Grande do Sul, AI 658993/RS, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Child and adolescent health, Health care and health services
Human Rights: Right to health, Right to life
Facts:

The Public Prosecutor’s Office of the State of Rio Grande do Sul filed an extraordinary appeal against the decision of the Rio Grande do Sul’s Court of Justice. The Court of Justice found that the Public Prosecutor was not entitled to bring an action on the behalf of an individual, because any individual may bring …Read more

Tags: Access to health care
Download Judgment: Portuguese

Case RE 399664/SP

Country: Brazil
Year: 2007
Court: Federal Supreme Court
Citation: Recurso Extraordinario, RE 399664/SP, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Health care and health services, Health systems and financing, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

A Chief of Police contracted Hepatitis C while intervening in the attempted suicide of a prisoner. The the Court of Justice of São Paulo held that the state and its health system were responsible for providing him, an individual in financial need, with medications to treat his Hepatitis C. The State of São Paulo filed an extraordinary …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Budget, Health expenditures, Health funding, Health regulation, Health spending, Low income, Poor
Download Judgment: Portuguese

Health Department of Sao Paulo v. Municipality of Sao Paulo

Country: Brazil
Year: 2007
Court: Court of Justice for the Minority and Collective Interest [Procuradoria da Jutica de Interesses Difusos e Coletivos]
Citation: Civil Appeal No. 152.887.0/1-00
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Poverty
Human Rights: Right to health, Right to life
Facts:

A minor diagnosed with progressive muscular dystrophy was denied access to a special Municipal transportation service called the ATENDE program because he was not yet using a wheelchair. The ATENDE program was instituted to meet the needs of handicapped people who could not otherwise access common public transportation. The Health Department of Sao Paulo, on …Read more

Tags: Access to health care, Access to treatment, Children, Differently abled, Disabled, Handicapped, Indigent, Low income, Minor, Pediatric health, Physically challenged, Poor
Download Judgment: English Portuguese

Ximenes-Lopes v. Brazil

Country: Brazil
Year: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 149 (July 4, 2006).
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

Damião Ximenes-Lopes, a person with mental illness, was hospitalized for psychiatric treatment at a private psychiatric clinic that operated within Brazil’s public health system. Ximenes-Lopes died three days following hospitalization while undergoing psychiatric treatment. He endured “inhuman and degrading” conditions and died under violent circumstances in the hands of hospital staff. Ximenes-Lopes’ sister filed a …Read more

Tags: Abuse, Clinics, Cruel treatment, Degrading treatment, Depression, Humiliating treatment, Inappropriate treatment, Inhuman treatment, Involuntary confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Private hospitals, Psychiatry, Psychology, Torture
Download Judgment: English Portuguese Spanish
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