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17 judgments found.


Horvath et al. v. Hungary

Country: Hungary
Year: 2013
Court: European Court of Human Rights
Citation: [2013]ECHR 11146/11
Facts:

The case was the result of an application filed by, Mr.Horváth and Mr. Kiss, Hungarian nationals of Roma origin against the respondent, Republic of Hungary, under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedom (hereinafter ‘Convention’) alleging a violation of Article 2 Protocol no. 1 read in conjunction with …Read more

Tags: Freedom from Discrimination, Mental health, Right to Development, Right to education
Download Judgment: English

Case 2012/B/1991

Country: Hungary
Year: 2011
Court: Constitutional Court
Health Topics: Health care and health services, Infectious diseases, Informed consent
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The petitioner sought a declaration of the unconstitutionality and annulment of a Minister of Health Decree which required mandatory lung screening.  This initial Minister of Health Decree was overruled by a Decree of the Minister of Public Welfare (the “challenged Decree”) which regulated “mandatory screening of epidemiological interest content wise”, (it was aimed at detecting cases of …Read more

Tags: Compulsory examination, Compulsory testing, Diagnostics, Examination, Forced examination, Harm reduction, Informed choice, Involuntary examination, Involuntary testing, Mandatory examination, Mandatory testing, Non-consensual testing and treatment, Patient choice, TB, Tuberculosis
Download Judgment: English Hungarian

Case 857/B/2005 AB

Country: Hungary
Year: 2010
Court: Constitutional Court
Health Topics: Aging, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

Petitioner sought a declaration that a certain provision of a government decree regulating minimum pension amounts was unconstitutional because it (a) regulated a fundamental right which could only be done by statute and (b) provided a social security benefit too low to maintain human dignity, which was guaranteed by the Constitution.

Tags: Aged persons, Budget, Elderly, Health funding, Health insurance, Health regulation, Health spending, Older persons, Out-of-pocket expenditures, Senior citizens, Social security
Download Judgment: English

A.S. v. Hungary

Country: Hungary
Year: 2006
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 4/2004, U.N. Doc. CEDAW/C/36/D/4/2004 (July 14, 2006).
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to family life, Right to health
Facts:

A.S., a Hungarian-Roma woman in labor, was taken to a public hospital in shock and bleeding heavily. Because the fetus was dead, attending personnel informed her that a caesarean section was needed to remove the fetus. While on the operating table, she was asked to sign a statement of consent, including a hand-written note requesting …Read more

Tags: Caesarean, Compulsory sterilization, Forced sterilization, Informed choice, Involuntary sterilization, Sterilization
Download Judgment: English

Case 43/2005 (XI. 14)

Country: Hungary
Year: 2005
Court: Constitutional Court
Health Topics: Aging, Health information, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to privacy
Facts:

The case involved two petitions that required the Constitutional Court to examine certain elements that imposed regulations on sterilization. The first petitioner challenged the constitutionality of the Minister of Health Decree 12/1987 (VIII. 19.) EüM on Sterilization (hereinafter “D1”), which imposed certain restrictions (related to age and number of prior blood children) on a person …Read more

Tags: Birth control, Compulsory sterilization, Confidentiality, Contraception, Contraceptives, Disclosure, Family planning, Forced sterilization, Health records, Informed choice, Involuntary sterilization, Mandatory sterilization, Maternal health, Medical records, Non-disclosure, Notification, Patient choice, Pregnancy, Secrecy, Spousal consent, Spousal notification, Sterilization
Download Judgment: English

A.T. v. Hungary

Country: Hungary
Year: 2005
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 2/2003, UN Doc. CEDAW/C/32/D/2/2003 (26 January 2005).
Health Topics: Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to liberty and security of person, Right to life
Facts:

A. T., a Hungarian national, was subjected to severe physical abuse at the hands of her common law husband, L. F., on many occasions over a period of approximately four years. A. T. sought medical attention as a result of ten of these batteries. Despite A. T.’s attempts to protect herself by denying L. F. …Read more

Tags: Domestic abuse, Domestic violence, Sexual abuse, Sexual assault, Sexual violence, Violence against women
Download Judgment: English

Case 54/2004 (XII.13.)

Country: Hungary
Year: 2004
Court: Constitutional Court
Health Topics: Child and adolescent health, Controlled substances
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

Five petitions brought separate challenges to Act IV of 1978 on the Hungarian Criminal Code (“Act”) related to the misuse of narcotic drugs. They argued that the Parliament had failed to ensure the exercise of the right to self-determination when it ordered the punishment of the production and cultivation of a small amount of narcotic …Read more

Tags: Addiction, Cannabis, Child development, Children, Cocaine, Criminalization, Drug abuse, Drug enforcement, Drug use, Heroin, IDUs, Injecting drug users, Minor, Opioids, Opium, Pediatric health, People who use drugs, Psychotropic drugs, Substance abuse
Download Judgment: English

Case 22/2003 (IV.28)

Country: Hungary
Year: 2003
Court: Constitutional Court
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life
Facts:

The Court of Hungary received several petitions regarding the right of patients suffering from terminal illnesses to end their lives with dignity and consolidated the petitions into a single judgment. One petition asked the Court to declare unconstitutional and annul the last sentence in Section 43, paragraph (2) of Act II of 1972 on Healthcare. …Read more

Tags: Awareness, Disclosure, Duty of care, Forced treatment, Health care professionals, Health care workers, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Palliative care, Patient choice, Unauthorized treatment
Download Judgment: English

Case 48/1998 (XI. 23.)

Country: Hungary
Year: 1998
Court: Constitutional Court
Citation: Decision 48/1998 (XI. 23.) AB
Health Topics: Health information, Sexual and reproductive health, Violence
Human Rights: Right to a clean environment, Right to bodily integrity, Right to life, Right to privacy
Facts:

This case concerned the impact of Hungary’s constitutional guarantee of the right to life on its parliament’s ability to pass abortion laws. Petitioners submitted that Hungary’s Act LXXIX/1992 on the Protection of Foetal Life (“the Act”), regarding permissible abortion, was unconstitutional. The Act allowed a pregnant woman to have an abortion if she was “in …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Birth control, Criminalization, Health care professionals, Health care workers, Maternal health, Maternal mortality, Notification, Pregnancy, Rape, Termination of pregnancy, Unsafe abortion
Download Judgment: English

Case 1316B/1995

Country: Hungary
Year: 1996
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health
Facts:

A petition was filed challenging the constitutionality of Section 24 Paragraph 4 of Government Decree 103/1995 (VIII. 25.) on Certain Issues of Social Security Funding of Health Care and its Annex No. 6. It was argued that as a result of these provisions, equal in patient care as a constitutional right, was violated. Financing was …Read more

Tags: Access to health care, Budget, Health expenditures, Health facilities, Health funding, Health insurance, Health spending, Public hospitals, Secondary care, Subsidies
Download Judgment: English

Case 56/1995 (IX.15.) AB

Country: Hungary
Year: 1995
Court: Constitutional Court
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to property
Facts:

Petitioners challenged several amendments to statutes regulating employee benefit entitlements, which were inexorably connected to their social security entitlements under Hungary’s “mixed system” of social security (insurance and solidarity). The challenged amendments (1) provided that an employee was entitled to 25 sick days per year, for 5 of which she was not entitled to remuneration, …Read more

Tags: Employment, Health expenditures, Health funding, Health insurance, Health spending, Out-of-pocket expenditures, Social security, Subsidies
Download Judgment: English

Case 537B/1994

Country: Hungary
Year: 1994
Court: Alkotmánybíróság (Constitutional Court)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
Facts:

Petitioner challenged the constitutionality of a portion of a decree covering the financing of health services, which included a “professional” factor in determining the amount of funding for local governments. This provided more funding for doctors with higher skills, as opposed to merely the number of years spent as a public servant or the number …Read more

Tags: Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health spending, Primary care, Secondary care
Download Judgment: English Hungarian

Case 28/1994 (V.20)

Country: Hungary
Year: 1994
Court: Constitutional Court
Health Topics: Environmental health
Human Rights: Right to a clean environment, Right to life, Right to property
Facts:

The petitioner claimed that that s. 13(7)(4) of Act II of 1993 on Land Reallocation and Land Distribution Committees (the “Land Reallocation Act”) violated Article 18 of the Constitution of Hungary (the “Constitution”) and requested that the Constitutional Court declare an annulment of the provision. The Land Reallocation Act repealed s. 19 of Act II …Read more

Tags: Environmental degradation, Precautionary principle
Download Judgment: English

Case 62/1993

Country: Hungary
Year: 1993
Court: Constitutional Court
Health Topics: Aging, Health systems and financing
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Freedom of religion, Right to health, Right to social security
Facts:

The petitioners challenged the constitutionality of a law (Act XII of 1991 on Revision of Certain Pensions and Terminating Certain Pension Supplements (the “Act”)) that annulled the distribution of pension supplements which were given to individuals based on certain honors or honorary titles associated with achievements in science, sport or art, or service in specific …Read more

Tags: Aged persons, Budget, Elderly, Older persons, Senior citizens, Social security
Download Judgment: English

Case 64/1991 (XII. 17) AB

Country: Hungary
Year: 1991
Court: Constitutional Court
Health Topics: Child and adolescent health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of religion, Right to bodily integrity, Right to life
Facts:

Two groups of petitioners, one pro-life and the other pro-choice, challenged provisions regulating abortion in Article 29(4) of the Health Act, Decree 76/1988. (XI.3.) MT, and its implementing Decree 15/1988. (XII. 15) SZEM. Article 29(4) established that abortion would be permitted in circumstances outlined under the regulations. The implementing regulations in Decree 15/1988 provided that …Read more

Tags: Abortion, Children, Conscientious objection, Criminalization, Family planning, Health care professionals, Health care workers, Pregnancy, Termination of pregnancy
Download Judgment: English

Case 750B/1990

Country: Hungary
Year: 1991
Court: Constitutional Court
Health Topics: Aging, Child and adolescent health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life
Facts:

The petitioner, Dr. Zsuzsanna Gábor, challenged the constitutionality of Hungary’s law that required women to be married and under forty years of age in order to undergo artificial insemination. The law was challenged on the grounds that it discriminated based on age and marital status, which was prohibited under Article 70 of Hungary’s constitution.

Tags: Assisted reproductive technology, Child development, Family planning, Fertility, In vitro fertilization, Infertility, Older persons, Pregnancy
Download Judgment: English Hungarian
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