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208 judgments found.


Chandran a/l Subbiah v. Dockers Marine Pte Ltd

Country: Singapore
Year: 2009
Court: Court of Appeal
Citation: [2009] SGCA 58
Health Topics: Occupational health
Human Rights: Right to favorable working conditions
Facts:

The appellant was assigned to ensure the proper alignment of the cargo containers when moving cargo containers into and out of a hatch within vessels. This required him to repeatedly enter and leave the hatch. He did so via the only means of access available to them – a metal rung ladder hanging vertically alongside …Read more

Tags: Job safety, Occupational accident, Occupational health and safety, Safe working conditions, Workers' compensation
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Smt. Mala Banerjee v. State of West Bengal and Ors

Country: India
Year: 2008
Court: High Court - Calcutta
Citation: 2008 (1) CHN 979
Health Topics: Controlled substances
Human Rights: Right to health, Right to life
Facts:

In order to regulate the distribution of licenses for liquor shops the Government of West Bengal promulgated the West Bengal Excise (Selection of New Sites and grant of License for retail sale of liquor and certain other intoxicant) Rules, 2003 (the new Rules). Under the earlier Rules, objections were invited from elected representatives from the …Read more

Tags: Alcohol
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Mahesh Bhatt, et al. v. Union of India and another

Country: India
Year: 2008
Court: High Court - Delhi
Citation: 2008 Bus LR 366 (Del); 147 (2008) DLT 561
Health Topics: Tobacco
Human Rights: Freedom of expression, Right to health, Right to life
Facts:

Three writ petitions were clubbed together by the Court owing to the similarity in questions to be decided. The first Petitioner, Mr. Mahesh Bhatt, was a film maker. The second and third petitioners were engaged in the publication of the newspaper, The Hindu. The Petitioners challenged the validity of the Cigarette and Other Tobacco Products …Read more

Tags: Advertising, Smoking, Tobacco control, Tobacco regulation
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Sh. Balram Sharma v. Union of India

Country: India
Year: 2008
Court: High Court - Delhi
Citation: WP(C) No.13740/2005
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
Facts:

After suffering from a heart attack, the petitioner had sought treatment at a government hospital. Taking into consideration his critical condition and the length of time that it was expected it would take for him to receive treatment at that hospital, the doctors recommended that the petitioner seek treatment at a private hospital immediately. Thereafter, …Read more

Tags: Access to treatment, Diagnostics, Emergency care, Health insurance, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
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People’s Procuratorate of Taizhou City, Jiangsu Province v. Wang Guiping [江苏省泰州市人民检察院诉王桂平]

Country: China
Year: 2008
Court: High People's Court of Jiangsu Province
Health Topics: Medicines, Public safety
Facts:

The defendant appealed a decision from the Intermediate People’s Court of Taizhou City, Jiangsu Province (the “Intermediate Court”) finding him guilty of: (1) endangering public security by dangerous means; (2) selling counterfeit or fake products; and (3) falsely declaring registered capital. In 2005, the defendant used a counterfeited business license to develop a relationship with …Read more

Tags: Drug quality, Drug safety, Drug testing, Manufacturing, Safety regulation, Spurious medicines
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Advocate Achyut Prasad Kharel v. Government of Nepal

Country: Nepal
Year: 2008
Court: Supreme Court
Citation: Writ No. 3352 of the year 2061 BS (2004 AD)
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to bodily integrity, Right to health, Right to life
Facts:

The petition challenged clause (1) of  No. 28B of the Chapter on Life in the National Code which provided that “a health worker attaining the qualification as prescribed, may, with the consent of the concerned pregnant women, remove her fetus within 12 weeks of conception” (the Clause). The Petitioner contended that this was contrary to …Read more

Tags: Abortion, Health care professionals, Health care workers, Pregnancy, Spousal consent, Spousal notification, Termination of pregnancy
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Dr. Kwok-Hay Kwong v. Medical Council of Hong Kong

Country: China
Year: 2008
Court: Court of Appeal
Citation: [2008] HKCA 23
Health Topics: Health information
Human Rights: Freedom of expression, Right of access to information
Facts:

K, a medical practitioner, sought judicial review proceedings to challenge the Medical Counsel of Hong Kong (‘the MC’)’s decision that certain restrictions relating to practice promotion (or advertising) contained in the Professional Code and Conduct for the Guidance of Registered Medical Practitioners (‘the Code’) were justified. K argued that these restrictions were contrary to the …Read more

Tags: Advertising, Awareness, Health care professionals, Health care workers, Health education, Health promotion
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F. Hoffmann-La Rouche Ltd., et al. v. Cipla Limited

Country: India
Year: 2008
Court: High Court of Delhi
Citation: I.A 642/2008 IN CS (OS) 89/2008; 148 (2008) DLT 598, MIPR 2008 (2) 35
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to life
Facts:

The Plaintiffs were the owners of the patented cancer-drug Erlotinib. Erlotinib is a Quinazolin derivative and destroys some types of cancer cells with little secondary effects. The Defendant announced that it was going to sell a generic version of Erlotinib in India and in foreign markets. The Plaintiffs sought a permanent injunction to stop the …Read more

Tags: Access to drugs, Access to medicines, Cancer, Essential medicines, Generic drugs, Intellectual property, Patents, Pharmaceuticals, Pricing, TRIPS
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Case 20-2(A) KCCR 696; 2007 Hun-Ka17·21; 2008 Hun-Ka7·26; 2008 Hun-Ba21·47 (consolidated), October 30, 2008

Country: South Korea
Year: 2008
Court: Constitutional Court of Korea
Health Topics: Sexual and reproductive health
Human Rights: Right to privacy
Facts:

Defendants from six separate cases – 2007 Hun-Ka17, 2007 Hun-Ka21, 2008 Hun-Ka7, 2008 Hun-Ka26, 2008 Hun-Ba21, 2008 Hun-Ba47 – were prosecuted for adultery and fornication.  These cases were consolidated and brought before the Constitutional Court of Korea.  The Court was asked to review Article 241 of the Criminal Act and determine whether this article violated …Read more

Tags: Criminalization, Spousal consent
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Case 2005 (A) 947

Country: Japan
Year: 2008
Court: Supreme Court [Saikō Saibansho]
Citation: Case No. 2005 (A) 947
Health Topics: Health systems and financing, HIV/AIDS, Medical malpractice
Facts:

This case concerned whether the accused, the Director of the Biologics and Antibiotics Division of the Pharmaceutical Affairs Bureau of the Ministry of Health and Welfare, could be held criminally negligent after a patient was given unheated blood products contaminated with HIV and later died of AIDS. The victim was a hemophiliac patient at Osaka …Read more

Tags: AIDS, Blood transfusion, Duty of care, Health regulation, HIV, HIV positive, Negligence, Standard of care, Transmission
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2008Hun-Ka23

Country: South Korea
Year: 2008
Court: Constitutional Court
Citation: 22-1(A) KCCR 36
Health Topics: Prisons, Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to liberty and security of person, Right to life
Facts:

The petitioner was charged with murder of four people and the sexual assault of three women. The Gwangju District Court sentenced the petitioner to the death penalty in accordance with Article 250 Section 1 of the Criminal Act and Article 10 Section 1 of the Former Special Act on Punishment of Sex Crimes and Victim …Read more

Tags: Cruel and unusual punishment, Degrading treatment, Execution, Humiliating treatment, Imprisonment, Incarceration, Inhumane treatment, Law enforcement, Rape, Sexual assault, Sexual violence, Threat of violence
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Novartis AG v. Union of India

Country: India
Year: 2007
Court: High Court - Madras
Citation: (2007) 4 MLJ 1153
Health Topics: Medicines
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

This case has been reviewed by the Supreme Court, which upheld this court’s verdict. The Petitioner, Novartis, had its patent application rejected by the relevant statutory authority, the Controller General of Patents and Designs (Patent Controller) because did not comply with the requirements of section 3(d) of the Indian Patent (Amendment) Act, 2005 (the Act). …Read more

Tags: Access to drugs, Access to medicines, Generic drugs, Intellectual property, Manufacturing, Patents, Pharmaceuticals, TRIPS
Download Judgment: English

Social Jurist v. Government of NCT of Delhi and Ors

Country: India
Year: 2007
Court: High Court - Delhi
Citation: 140 (2007) DLT 698
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

The Delhi Development Authority (DDA) and the Land and Development Office (L&DO) allocated land to some hospitals in the city of Delhi at rates which were much lower than the market value of the land (concessional rate) but with some conditions. Hospitals which were being awarded land at concessional rates were to provide free treatment …Read more

Tags: Poor, Public hospitals
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M. Chinnaiyan v. Sri Gokulam Hospital and another

Country: India
Year: 2007
Court: National Consumer Disputes Redressal Commission
Citation: III (2007) CPJ 228 NC;
Health Topics: Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity
Facts:

R. Lalitha, late wife of the Petitioner, M. Chinnaiyan underwent an operation in Sri Gokulam Hospital, the 1st Respondent (R1). In the post operative period, two units of blood from Queen Mary’s Laboratory, the 2nd Respondent (R2), was transfused into her. Soon thereafter, she developed many infections and tested positive for HIV. She later died …Read more

Tags: Blood transfusion, Duty of care, Examination, Negligence, Patient choice, Reimbursement, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing
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K. Mani v. Secretary of Government

Country: India
Year: 2007
Court: High Court - Madras
Citation: 2007 (3) MLJ 34
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

The petitioner, who worked as a Head Constable in Tamil Nadu, filed a case against the Secretary to the Government, Health and Family Welfare Department, Tamil Nadu and others, for rejecting his request for reimbursement under the Tamil Nadu Government Employees’ Health Fund Scheme. The petitioner requested such reimbursement for an angioplasty he underwent on November …Read more

Tags: Access to treatment, Emergency care, Heart disease, Private hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Rabia Bhuiyan MP v. Ministry of Local Government and Rural Development, et al.

Country: Bangladesh
Year: 2007
Court: Supreme Court - High Court Division
Citation: 59 DLR (AD) (2007)
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

The Appellant, a former Member of Parliament, filed a writ petition in the High Court of Bangladesh against the Government and other public authorities for their failure to comply with the Environment Conservation Act 1995 and the Environment Conservation Rules 1997. The petition alleged that there was widespread arsenic contamination in tube wells across the …Read more

Tags: Clean water, Contamination, Health regulation, Industrial waste, Noncommunicable diseases, Poisoning, Pollution, Potable water, Safe drinking water, Water pollution
Download Judgment: English

Syed Mansoor Ali Shah v. Government of Punjab

Country: Pakistan
Year: 2007
Court: High Court
Citation: CLD 533
Health Topics: Environmental health
Human Rights: Right to a clean environment, Right to life
Facts:

Mr. Syed Mansoor Ali Shah petitioned the High Court at Lahore, asserting that air pollution from vehicular emissions had severely affected human life by causing citizens to suffer diseases. Under Rule 163 of the Provincial Motor Vehicles Rules 1969, the owner of a vehicle was required by law to properly maintain the vehicle so that it did not cause damage or annoyance to …Read more

Tags: Pollution
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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

Clean Air Foundation LTD and Another v. The Government of the HKSAR

Country: China
Year: 2007
Court: Hong Kong Special Administrative Region Court of First Instance
Citation: [2007] HKCFI 757; HCAL 35/2007
Health Topics: Environmental health, Public safety
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

The applicants were a group that advocates for improvement of Hong Kong’s air quality. They alleged that the Hong Kong government did not enact adequate legislation or effective policy to combat air pollution and that this failure was a breach of the government’s legal duty to ensure the right to life and the right to …Read more

Tags: Air pollution, Air safety, Contamination, Environmental degradation, Environmental hazards, Harm reduction, Pollution
Download Judgment: English

Kranti v. Union of India & Ors

Country: India
Year: 2007
Court: Supreme Court
Citation: Appeal (civil) No. 2681/2007
Health Topics: Diet and nutrition, Disasters and emergencies, Health systems and financing, Poverty, Water, sanitation and hygiene
Human Rights: Right to food, Right to water and sanitation
Facts:

The plaintiffs were residents of a group of islands heavily affected by the 2004 tsunami. They argued that they were facing a number of problems which the local administration could take steps to mitigate and that the problems required immediate governmental action. They argued that, while there were relief funds, these funds were not being …Read more

Tags: Budget, Clean water, Cleanliness, Dehydration, Diet, Drinking water, Flooding, Food, Food shortages, Health expenditures, Health funding, Health spending, Humanitarian crisis, Hunger, Indigent, Low income, Malnutrition, Natural disaster, Poor, Potable water, Safe drinking water, Starvation, Underprivileged
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Confederation of Ex-Servicemen Associations v. Union of India and Others

Country: India
Year: 2006
Court: Supreme Court
Citation: (2006) Supp (4) SCR 872; 2006 (8) SCC 399
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

The Confederation of Ex-Servicemen Associations (the Petitioner) filed this public interest litigation in the Supreme Court under Article 32 of the Constitution (right to move the Supreme Court for a violation of fundamental right). Ex-servicemen, their families, and their dependents did not have access to full and free medical services as provided to serving defence …Read more

Tags: Military, Public hospitals, Subsidies
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Mangesh G. Salodkar v. Monsanto Chemicals of India Ltd.

Country: India
Year: 2006
Court: High Court - Bombay
Citation: 2007 (2) BomCR 883
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life
Facts:

The Respondent, Monsanto Chemicals of India, was engaged in the formulation of herbicides in India. In accordance with the Insecticide Act, 1968, the Respondent had been granted statutory approval by the Central Insecticides Board. Mangesh G. Salodkar, the Petitioner was employed at Monsanto’s establishment at Lonavala. Soon after taking voluntary retirement, he suffered a brain …Read more

Tags: Health records, Occupational disease, Occupational hazards, Occupational health and safety, Pesticide, Respiratory diseases, Workers' compensation
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Praveen Rashtrapal, I.R.S. v. Chief Officer, Kadi Municipality

Country: India
Year: 2006
Court: High Court - Gujarat
Citation: (2006) 3 GLR 1809
Health Topics: Environmental health, Health systems and financing, Occupational health, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to favorable working conditions, Right to health, Right to life
Facts:

The Petitioners, including Praveen Rashtrapal, filed this public interest litigation in the Gujarat High Court under Article 226 of the Constitution (original writ jurisdiction of High Courts). The petition was filed on behalf of sewage cleaners (cleaners) in and around the City of Ahmadabad. The Petitioners claimed that the right to life and health of …Read more

Tags: Health insurance, Occupational disease, Occupational health and safety, Sewage, Waste management
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C. Nagamuthu v. State of Tamil Nadu and Ors

Country: India
Year: 2006
Court: High Court - Madras
Citation: 2006-3-L W529; (2006) 2 MLJ 747
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination
Facts:

The Petitioner was a retired Works Inspector at the Public Works Department in the State of Tamil Nadu. He was enrolled under the Tamil Nadu Government Employees Health Fund Scheme (the Scheme). He was thus entitled to free medical treatment for himself and his dependents at approved hospitals. In 1998, the Petitioner’s son had to …Read more

Tags: Access to treatment, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
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A.B. Colaco v. Coffee Board

Country: India
Year: 2006
Court: High Court - Karnataka
Citation: Writ Petition No.39031 of 2003 (S-R)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Petitioner had worked for the Coffee Board (the “Board”), a statutory body working under the administrative control of the Department of Commerce, for 24 years prior to his retirement. The pension benefits for retiring employees under the Central Civil Services (Pension) Rule (the “Rules”) were fixed by the Board. The Central Government had effectuated a …Read more

Tags: Access to treatment, Aged persons, Elderly, Older persons, Primary care, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Pramod Bhagwan Nayak v. State of Gujarat

Country: India
Year: 2006
Court: High Court - Gujarat
Citation: (2007) 1 GLR 796
Health Topics: Child and adolescent health, Health care and health services, HIV/AIDS, Infectious diseases, Poverty, Prisons, Public safety, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

The petitioner was challenging an order of detention for allegedly engaging in trafficking of women and girls. The grounds of the order were that petitioner was an “immoral traffic offender” which is “a person who habitually commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, …Read more

Tags: AIDS, Assault, Children, Contraception, Criminalization, Custody, Detention, Examination, Family planning, HIV, Minor, Poor, Sex workers, Sexual abuse, Sexual assault, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing, Underprivileged
Download Judgment: English

Shri O.N. Chhibber v. Union of India

Country: India
Year: 2006
Court: Central Administrative Tribunal - Delhi
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

The applicant worked as a section officer in the Department of Foods and then became a pensioner post retirement. As a central government employee, he was entitled to reimbursement of medical expenses incurred by him or his family members under the Central Government Health Scheme (CGHS). In 2001 the applicant and the applicant’s wife incurred …Read more

Tags: Access to treatment, Emergency care, Heart disease, Private hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Henares, et al. v. Land Transportation Franchising and Regulatory Board, et al.

Country: Philippines
Year: 2006
Court: Supreme Court
Citation: G.R. No. 158290
Health Topics: Chronic and noncommunicable diseases, Environmental health, Infectious diseases
Human Rights: Right to a clean environment
Facts:

The Petitioners sought to require the Land Transportation Franchising and Regulatory Board and the Department of Transport and Communications to use compressed natural gas (CNG) in their public utility vehicles. They alleged that particulate matter emitted from vehicles had caused serious health problems and lowered the overall quality of life, and contended that this problem …Read more

Tags: Air pollution, Contamination, Environmental degradation, Environmental hazards, Pollution, Respiratory diseases, TB, Tuberculosis
Download Judgment: English

Hernandez, et al. v. National Power Corp.

Country: Philippines
Year: 2006
Court: Supreme Court
Citation: G.R. No. 145328
Health Topics: Chronic and noncommunicable diseases, Environmental health, Public safety
Human Rights: Right to health, Right to life
Facts:

In 1996, the National Power Corporation (NPC) began building towers to support high tension cables for a power transmission project. The transmission lines ran through the Dasmarinas Village, where the Petitioners lived. The Petitioners, fearing the health effects of the towers, discovered studies linking high rates of cancer and other illnesses with exposure to electromagnetic …Read more

Tags: Cancer, Environmental hazards, Leukemia, Noncommunicable diseases, Radiation
Download Judgment: English

Victoria Yisraeli v. Health Basket Committee

Country: Israel
Year: 2006
Court: Supreme Court (sitting as High Court of Justice)
Citation: HCJ 2974/06
Health Topics: Disabilities, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health
Facts:

Vicki Yisraeli was gradually going deaf, and was diagnosed as having hearing at a level 15% of that of a healthy person. She sought a cochlear implant procedure to save her hearing. However, to obtain one, she was required under the Second Supplement of the National Insurance Law, 1994 (the Law) to pay a participation …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Deaf, Disabled, Health care technology, Health expenditures, Health funding, Health insurance, Health spending, Low income, Out-of-pocket expenditures, Social security, Subsidies
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