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11 judgments found.


Black et al. v. City of Toronto

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
Download Judgment: English

Thompson v Ontario (Attorney General)

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
Download Judgment: English

Mshengu and Others v. Msunduzi Local Municipality and Others

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
Download Judgment: English

Krajnc v. Slovenia

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
Download Judgment: English

X and Y v. Georgia

Country: Georgia
Year: 2015
Court: Committee on the Elimination of All Forms of Discrimination Against Women
Citation: Communication No. 24/2009; U.N. Doc. CEDAW/C/61/D/24/2009
Health Topics: Violence
Human Rights: Freedom from discrimination
Facts:

X and her daughter Y claimed a long history of physical and sexual assault at the hands of X’s husband, who was Y’s father. X was raped by him in 1987 and later married him, believing that Georgian social and cultural norms defining virginity as essential to female virtue compelled her to marry him or …Read more

Tags: Assault, Domestic abuse, Domestic violence, Molestation, Rape, Sexual abuse, Sexual assault, Sexual violence, Violence against women
Download Judgment: English French Spanish

Levan Asatiani, et al. v. Minister of Labour, Health and Social Affairs

Country: Georgia
Year: 2014
Court: Constitutional Court [საქართველოს საკონსტიტუციო სასამართლო]
Citation: Case #2/1/536
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Public safety
Human Rights: Freedom from discrimination
Facts:

The Minister of Labour, Health and Social Affairs of Georgia issued orders by which “homosexuals” were prohibited from donating blood or its components. The plaintiffs self-identified as homosexuals and, accordingly were impacted by the order. The plaintiffs alleged that the regulations of the Minister of Labour, Health and Social Affairs of Georgia were in contradiction …Read more

Tags: AIDS, Blood transfusion, Hepatitis, HIV, Sexually transmitted diseases, Sexually transmitted infections, Smallpox, STDs, STIs, Testing, Transmission
Download Judgment: English Georgian

Jeladze v. Georgia

Country: Georgia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 1871/08
Health Topics: Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Mr. Genadi Jeladze, an imprisoned Georgian national, discovered that he had contracted a chronic form of viral Hepatitis C (“HCV”) while in prison. A self-funded medical examination recommended antiviral treatment on an outpatient basis. In response, the prison offered drug treatment which did not include antiviral drugs. Over the next year, Jeladze’s lawyer requested a …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hepatitis, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Testing
Download Judgment: English

Goginashvili v. Georgia

Country: Georgia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 47729/08
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Goginashvili, a prisoner, sued the government of Georgia, alleging that the prison authority violated his right to health care due to its failure to protect his health and well-being in prison, contrary to its obligation under Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). Article 3 prohibits …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Detainee, Detention, Hepatitis, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Kidney disease, Prison conditions
Download Judgment: English

X v. Kutaisi City 2nd Police Department

Country: Georgia
Year: 2010
Court: Kutaisi Appellate Court
Citation: Case no. # 4/ა- 182-2010
Health Topics: Controlled substances, Medicines
Facts:

This case was an appeal regarding the perpetration of an administrative misdemeanor. On August 14, 2010, the Chief of the Kutaisi City 2nd Police Department sent a report on administrative misdemeanor against X to the Kutaisi City Court. A drug test showed that X had consumed marijuana. As a result, an administrative fine of 500 …Read more

Tags: Drug abuse, Drug enforcement, Drug testing, Drug use, Marijuana, People who use drugs, Substance abuse
Download Judgment: English Georgian

National Centre of Tuberculosis and Lung Diseases, et al. v. M. O-shvili

Country: Georgia
Year: 2009
Court: Supreme Court
Citation: Case No. as-771-986-08
Health Topics: Chronic and noncommunicable diseases, Health information, Infectious diseases, Medical malpractice
Human Rights: Right of access to information
Facts:

The Plaintiff had a number of medical procedures related to urological problems and tuberculosis over the course of several years at Tbilisi State Medical University Clinic. The Plaintiff alleged that the medical institution had been obligated to provide him with information about the diagnosis and necessary anti-tuberculosis treatment, and its failure to do so had …Read more

Tags: Compensation, Damages, Disclosure, Inadequate treatment, Kidney disease, Non-disclosure, Notification, Public hospitals, Remedies, TB, Tuberculosis
Download Judgment: English Georgian

Iuri Archuadze v. Ministry of Health and Social Affairs; Municipality of Gori

Country: Georgia
Year: 2008
Court: Tbilisi City Court
Citation: Case no. #bs-758-730(k-08)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
Facts:

The applicant, Iuri Archuadze, suddenly developed a life threatening jaw condition and went to the Tbilisi State Medical Institute where he had an immediate surgical operation, and, following post-surgical complications, was taken to the intensive therapy department.  In total, the cost of the treatment was 9263,71 GEL, but the applicant was only reimbursed 205,94 GEL …Read more

Tags: Budget, Emergency care, Health funding, Out-of-pocket expenditures, Reimbursement, Social security
Download Judgment: English Georgian

Kutaisi Regional Blood Bank v. Lamira Chaladze

Country: Georgia
Year: 2007
Court: Cassation Court
Citation: Case No. as-296-624-07
Health Topics: Health information, HIV/AIDS, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to life
Facts:

While giving birth to her second son, the Respondent lost a large amount of blood and needed a blood transfusion. Her relatives bought erythrocyte mass and karyoplasms from the Kutaisi Regional Blood Bank.  After the transfusion, the Respondent and her son became sick and doctors ultimately concluded that the Respondent and her son was HIV …Read more

Tags: AIDS, Blood transfusion, Breast feeding, Childbirth, Compensation, Damages, Disclosure, Duty of care, Health care technology, HIV, HIV positive, HIV status, Infant health, Informed choice, Maternal health, Notification, People living with HIV/AIDS, PLHIV, Standard of care, Transmission
Download Judgment: English Georgian

Qobalia v. Ministry of Labour, Health and Social Affairs

Country: Georgia
Year: 2005
Court: Supreme Court
Citation: Case No. bs-434-25 (3k-05)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health information, Medicines
Human Rights: Right to health, Right to life
Facts:

The plaintiffs alleged violations of the statute on the Protection of Consumers’ Rights for the failure of the respondents to develop standards of evaluation regarding imported vaccinations and the failure to notify the public about the risks associated with the imported vaccinations. G. Qobalia was a 12 year-old healthy child. He was vaccinated against Hepatitis …Read more

Tags: Awareness, Children, Compensation, Damages, Drug quality, Drug safety, Health data, Health education, Immunization, Informed choice, Labeling, Minor, Neurological diseases, Pediatric health, Tort, Vaccination, Vaccines
Download Judgment: English Georgian

N.V. v. LLC “… Hospital”

Country: Georgia
Year: 2005
Court: Supreme Court [საქართველოს უზენაესი სასამართლო]
Citation: Docket number #ას-33-406-05
Health Topics: Aging, Disabilities, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to health
Facts:

N.V. submitted a lawsuit in Court against the respondent LLC “… Hospital” for reimbursement of pecuniary and non-pecuniary damages after multiple failed surgeries. The plaintiff alleged the resulting damages were caused by poorly done surgeries and post-surgical treatment. The plaintiff was operated on for left pelvis-hip joint total endoprosthesis. The plaintiff had three surgical operations …Read more

Tags: Aged persons, Compensation, Damages, Disabled, Duty of care, Handicapped, Inadequate treatment, Negligence, Older persons, Physically challenged, Public hospitals, Remedies, Standard of care
Download Judgment: English Georgian

Berishvili v. Rustavi City Hall, et al.

Country: Georgia
Year: 2004
Court: Court of Cassation
Citation: Case no. bs-205-172-k-04
Health Topics: Child and adolescent health, Environmental health, Health care and health services, Health systems and financing, Mental health, Public safety
Human Rights: Right to a clean environment
Facts:

Petitioner Berishvili requested reimbursement from defendants Rustavi City Hall and LLC “Cultural and Recreational Park” for medical expenses incurred by her son after he was injured in a city park. Petitioner and her son went to the Cultural Recreation Park in Rustavi City. While at the park, a poisonous snake bit her son who required …Read more

Tags: Access to health care, Access to treatment, Children, Environmental hazards, Minor, Out-of-pocket expenditures, Pediatric health, Psychiatry, Psychology, Secondary care
Download Judgment: English Georgian