Loading, please wait...
717 judgments found.
Country:
France Year: 2009
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2009-584 DC, 16 July 2009
Health Topics:
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Medicines,
Mental health Human Rights: Right to health Facts: This case concerned a constitutional challenge to Articles 1, 10, 23, 84, 91 and 133 of law no. 2009-879 of July 21 2009, Loi portant réforme de l’hôpital et relative aux patients, à la santé et aux territoires (Law reforming hospitals and relating to patients, health and the territories) (the Law) in the Conseil Constitutionnel. …Read more
Tags: Access to health care,
Employment,
Health care professionals,
Health care workers,
Health education,
Health funding,
Health regulation,
Pharmaceuticals,
Private hospitals,
Psychiatry,
Psychology,
Public hospitals
Country:
Russia Year: 2009
Court: Regional Court of Perm
Citation: Case No. АДМ-7-230/09
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Medical malpractice,
Medicines Facts: The state healthcare institution (“SHI”) appealed the imposition of an administrative fine of 10,000 rubles which had been imposed on it for a violation of Paragraph 3 Article 19.20 of the Code of Administrative Offences of the Russian Federation (“CAO RF”), which prohibited conducting activities in violation of the relevant license (here, licenses related to …Read more
Tags: Drug safety,
Health care technology,
Health facilities,
Health regulation,
Public hospitals
Country:
Russia Year: 2009
Court: Moscow District Court
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Medical malpractice Human Rights: Right to health Facts: The applicant R.A. injured his right ankle joint when ice skating on January 4th, 2008. He went to an emergency room at the defendant’s Medical Healthcare Institution ”G” (“MHI ‘G’”) in order to receive care. However, a doctor there only examined his ankle with her hands, and diagnosed a ligament sprain in the right joint, …Read more
Tags: Access to health care,
Access to treatment,
Compensation,
Damages,
Diagnostics,
Emergency care,
Examination,
Health care professionals,
Health care workers,
Health facilities,
Health insurance,
Inadequate treatment,
Inappropriate treatment,
Misdiagnosis,
Negligence,
Police,
Public hospitals
Country:
Russia Year: 2009
Court: Supreme Court
Health Topics:
Informed consent,
Mental health,
Public safety Human Rights: Right of access to information,
Right to due process/fair trial,
Right to liberty and security of person Facts: O. was released from criminal responsibility for violating Article 105 of the Criminal Code of the Russian Federation (relating to a contract killing) because the Supreme Court of the Republic of Bashkortostan determined that O. had committed the act in a state of insanity. O. was sentenced to compulsory outpatient observance and treatment by a …Read more
Tags: Community-based care,
Compulsory commitment,
Compulsory treatment,
Insanity,
Involuntary commitment,
Involuntary treatment,
Mandatory commitment,
Mandatory treatment,
Mental disorder,
Mental illness,
Mental institution,
Psychiatry,
Psychology,
Threat of violence
Country:
Spain Year: 2009
Court: Supreme Court
Citation: STS 16-11-2009 Appeal No. 4426/2008
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals,
Sexual and reproductive health Human Rights: Right to health,
Right to social security Facts: The plaintiff sued the defendant, Regional Healthcare Department of the Generalitat Valenciana (RHD) for a refund of medical expenses following its denial of fertilization treatment. The plaintiff was carrying a genetic illness multiple endocrine neoplasia type II (MEN II). She had surgery after being diagnosed with the disease. Subsequently, the plaintiff decided she wanted to …Read more
Tags: Access to health care,
Access to treatment,
Assisted reproductive technology,
Emergency care,
Fertility,
Health funding,
Health insurance,
In vitro fertilization,
Infertility,
Out-of-pocket expenditures,
Pregnancy,
Private hospitals,
Public hospitals,
Reimbursement,
Social security,
Tertiary care
Country:
Spain Year: 2009
Court: Supreme Court
Citation: STS 4866/2009
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to health Facts: Appeals were filed by both parties to a decision in a case involving health damages sustained by a child as a result of a delay of the mother’s cesarean during childbirth. The child in the case suffered damages when, as a result of the lack of appropriate staff on-site, there was a delay in performing …Read more
Tags: Access to treatment,
Caesarean,
Childbirth,
Children,
Compensation,
Damages,
Duty of care,
Emergency care,
Health care professionals,
Health care workers,
Health facilities,
Inadequate treatment,
Infant health,
Maternal health,
Minor,
Negligence,
Pediatric health,
Pregnancy,
Remedies,
Standard of care,
Tort
Country:
Spain Year: 2009
Court: Supreme Court
Citation: No. 3404/2008
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Informed consent Human Rights: Freedom of religion,
Right to health Facts: Mr. Domingo was involved in an accident where he fractured his right femur. The Hospital of Bellvitge, where he was admitted, required patients to consent to a blood transfusion due to the risk of hemorrhage during surgery. Mr. Domingo refused a possible blood transfusion due to his religious beliefs as a Jehovah’s witness. Therefore, Mr. …Read more
Tags: Access to treatment,
Blood transfusion,
Conscientious objection,
Emergency care,
Health care technology,
Inadequate treatment,
Inappropriate treatment,
Informed choice,
Out-of-pocket expenditures,
Patient choice,
Private hospitals,
Public hospitals,
Reimbursement
Country:
Spain Year: 2009
Court: Supreme Court
Citation: STS 6895/2009
Health Topics:
Chronic and noncommunicable diseases,
Disabilities,
Health care and health services,
Health information,
Informed consent,
Medical malpractice Human Rights: Right of access to information,
Right to bodily integrity Facts: Plaintiff sued the Catalonian Institute of Health for alleged medical malpractice and lack of informed consent relating to an electrophysiological study that he underwent when he arrived at the hospital with severe arrhythmia and in an emergency condition. Plaintiff was a high-risk patient due to his past medical history, which included prior heart attacks and …Read more
Tags: Compensation,
Damages,
Disclosure,
Emergency care,
Health care professionals,
Heart disease,
Inappropriate treatment,
Informed choice,
Negligence,
Patient choice,
Remedies,
Standard of care,
Tort,
Unauthorized treatment
Country:
Spain Year: 2009
Court: Supreme Court of Justice of Cataluña
Citation: STSJC 723/2009 (Ángel and Others v. Servei Català de la Salut and Consorci Sanitari Integral)
Health Topics:
Child and adolescent health,
Health care and health services,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right of access to information Facts: The appellants, parents of a child with microephaly disorder, alleged medical malpractice in that the failure of medical services to identify and inform them of their daughter’s condition during the pregnancy denied them the choice to terminate that pregnancy. In July of 2001, the appellants’ daughter was born and the appellants were informed that she …Read more
Tags: Abortion,
Child development,
Children,
Compensation,
Damages,
Diagnostics,
Examination,
Inadequate treatment,
Infant health,
Informed choice,
Misdiagnosis,
Patient choice,
Pediatric health,
Pregnancy,
Termination of pregnancy
Country:
Spain Year: 2009
Court: Supreme Court of Justice of Castilla-Leon
Citation: STSJCL 660/2009. Almudena v. Health Managing Area of the Primary Health Care of Burgos
Health Topics:
Health care and health services,
Health systems and financing Human Rights: Right to health,
Right to social security Facts: This case concerned social security reimbursement for private health care in Spain. The plaintiff suffered from an eating disorder, a personality disorder, and alcoholism. She sought treatment through Spain’s public health service for years. She was eventually discharged and referred to a public hospital, where she spent a year. She then sought reimbursement for the …Read more
Tags: Access to healthcare,
Access to treatment,
Health expenditures,
Health funding,
Health spending,
Out-of-pocket expenditures,
Reimbursement,
Social security,
Subsidies
Country:
Spain Year: 2009
Court: Supreme Court of Justice of Castilla-La Mancha
Citation: STSJCM 12-3-2009
Health Topics:
Health care and health services,
Health systems and financing,
Sexual and reproductive health Human Rights: Right to social security Facts: The appellant, a beneficiary of defendant public health institution Health Service of Castilla-La Mancha (“SESCAM”), received three fertility treatment cycles (two in a private institution and one in a public health institution) with negative results. The appellant then sought new fertility treatments from SESCAM, arguing that she was entitled to funding for three treatments of …Read more
Tags: Access to treatment,
Assisted reproductive technology,
Fertility,
Health care technology,
Health insurance,
Health regulation,
Health spending,
In vitro fertilization,
Infertility,
Social security
Country:
Slovakia Year: 2009
Court: European Court of Human Rights
Citation: App. No. 32881/04, 49 Eur. Ct. H.R. 34 (2009).
Health Topics:
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Informed consent,
Medical malpractice,
Poverty,
Sexual and reproductive health Human Rights: Right of access to information,
Right to due process/fair trial,
Right to family life Facts: The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more
Tags: Caesarean,
Compulsory sterilization,
Compulsory treatment,
Disclosure,
Family planning,
Fertility,
Forced sterilization,
Forced treatment,
Freedom of information,
Health care professionals,
Health care workers,
Health data,
Health records,
Health regulation,
Inappropriate treatment,
Indigent,
Infertility,
Informed choice,
Involuntary treatment,
Low income,
Mandatory sterilization,
Maternal health,
Medical records,
Non-consensual testing and treatment,
Non-disclosure,
Patient choice,
Poor,
Pregnancy,
Public hospitals,
Secrecy,
Sterilization,
Tort,
Unauthorized treatment,
Underprivileged
Country:
Switzerland Year: 2009
Court: Court of Justice, Penal Division [Cour de Justice, Chambre pénale]
Citation: Switzerland
Health Topics:
HIV/AIDS,
Hospitals,
Infectious diseases,
Medicines,
Sexual and reproductive health,
Violence Human Rights: Right to bodily integrity,
Right to liberty and security of person Facts: The Petitioner, S, was a man living with HIV. He was aware that he was HIV-positive since 1998 and had been undergoing treatment since then. In 2006, he began combination antiretroviral therapy. The Petitioner’s viral load had been undetectable since 2008 and he was not suffering from any other infections. The Petitioner’s doctors had assured …Read more
Tags: AIDS,
Antiretrovirals,
ARVs,
Condoms,
Contraceptives,
Health care professionals,
Health care workers,
HIV,
HIV positive,
People living with HIV/AIDS,
PLHIV,
Public hospitals,
Sexual assault,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Transmission
Country:
Croatia Year: 2009
Court: European Committee of Social Rights
Citation: Complaint No. 45/2007
Health Topics:
Child and adolescent health,
Health information,
HIV/AIDS,
Infectious diseases,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to education Facts: NTERIGHTS brought a complaint which alleged that Croatia was not complying with Articles 11(2) and 16 taken alone and in light of the non-discrimination clause in the Preamble and Article 17 of the European Social Charter (“ESC”) because Croatian schools were not providing adequate sexual and reproductive health education for children and young people. It …Read more
Tags: AIDS,
Awareness,
Children,
Gay,
Health education,
HIV,
HIV positive,
Homosexual,
LGBTI,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
Portugal Year: 2009
Court: European Court of Human Rights
Citation: Application No. 31276/05
Health Topics:
Sexual and reproductive health Human Rights: Freedom of association,
Freedom of expression Facts: In 2004, three associations sent the ship Borndiep to Portugal where abortion was illegal that would stage activities promoting the decriminalization of abortion including distribution of drugs that can induce abortion. Aware of the project, the Portuguese Government prevented the boat from entering its national territory. The three plaintiffs sued Portugal in national courts, which …Read more
Tags: Abortion,
Abortion counseling,
Abortion technique,
Condoms,
Contraception,
Contraceptives,
Family planning
Country:
Romania Year: 2009
Court: European Court of Human Rights
Citation: Application no. 6586/03
Health Topics:
Environmental health,
Prisons,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to a clean environment,
Right to privacy,
Right to water and sanitation Facts: B, a Romanian national, was sentenced to ten years in prison for fraud by the Court of Appeal of Timisoara. In January 2003 B lodged an application with the European Court of Human Rights based on the conditions of his detention in the prisons of Arad and Timisoara. B alleged that Romania violated Article 3 (prohibition of torture) of the European …Read more
Tags: Air pollution,
Cleanliness,
Custody,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Pollution,
Prison conditions,
Sewage,
Trash,
Waste,
Waste management
Country:
United Kingdom Year: 2009
Court: European Court of Human Rights
Citation: Application no. 36936/05
Health Topics:
Health care and health services,
Health information,
Prisons Human Rights: Right to privacy Facts: The applicant, an inmate in prison, appealed to the European Court of Human Rights because he wanted to correspond privately with an external medical specialist. In 2001, the applicant suffered a brain hemorrhage while he was on bail awaiting trial for a conspiracy to sell drugs. He underwent surgery twice before being discharged to prison. …Read more
Tags: Access to health care,
Access to treatment,
Confidentiality,
Disclosure,
Health care professionals,
Imprisonment,
Incarceration,
Inmate,
Jail
Country:
Germany Year: 2009
Court: European Court of Human Rights
Citation: Case of Colak and Tsakiridis v. Germany, Applications nos. 77144/01 and 35493/05. Strasbourg, 5 March 2009.
Health Topics:
Health information,
HIV/AIDS,
Infectious diseases,
Medical malpractice Human Rights: Right to due process/fair trial,
Right to family life,
Right to life,
Right to privacy Facts: The first applicant (“the applicant”) was born in 1968 and lives in Wiesbaden. In December 1992 the applicant’s companion found out that he was suffering from cancer and AIDS. He informed the applicant about the cancer but concealed his AIDS infection. On 21 January 1993 he informed their family physician about his diseases but forbade him to …Read more
Tags: Health care professionals,
HIV/AIDS,
Medical malpractice,
Right to Fair Trial,
Right to Life,
Right to Privacy
Country:
Romania Year: 2009
Court: European Court of Human Rights
Citation: Application No. 3036/04
Health Topics:
Disabilities,
Prisons,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: The plaintiff, Eugen Gabriel Radu, a Romanian national, applied to the European Court of Human Rights claiming that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, which prohibits torture and inhumane or degrading treatment. The plaintiff was sentenced in 2001 and again in 2006 for aggravated …Read more
Tags: Clean water,
Cleanliness,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Disabled,
Handicapped,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Physically challenged,
Prison conditions,
Waste management
Country:
Romania Year: 2009
Court: European Court of Human Rights
Citation: Application No. 12934/02
Health Topics:
Prisons,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: The plaintiff, Marian Stoicescu, a Romanian national, applied to the European Court of Human Rights in 2002 alleging that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, prohibiting torture and inhumane or degrading treatment. In 2000, the plaintiff was sentenced to 8 years in prison for …Read more
Tags: Clean water,
Cleanliness,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Drinking water Potable water,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Prison conditions,
Safe drinking water,
Waste management
Country:
United Kingdom Year: 2009
Court: Supreme Court of Judicature Court of Appeal (Civil Division)
Citation: [2009] EWCA Civ 795; Case No: C1/2008/1307
Health Topics:
Health systems and financing,
Hospitals,
Tobacco Human Rights: Freedom from discrimination,
Right to privacy Facts: The appellants challenged a ban on smoking at the Rampton Hospital. The smoking ban was introduced because of a policy by Nottinghampshire Health Care NHS Trust (the Trust), which banned smoking in and outside of the hospital. The Smoke-Free (Exemption & Vehicles) Regulations 2007 (the Exemption Regulation) allowed the prohibition of smoking inside, but did …Read more
Tags: Health facilities,
Health regulation,
Passive smoking,
Public hospitals,
Second-hand smoke,
Smoking,
Tobacco control,
Tobacco regulation
Country:
Italy Year: 2009
Court: European Court of Human Rights
Citation: Application No. 74912/01
Health Topics:
Health care and health services,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: The plaintiff, Salvatore Enea, was sentenced to 30 years in prison for crimes related to mafia-type criminal organization, drug trafficking, and illegal possession of firearms. The Minister of Justice ordered the plaintiff be subject to a special prison regime for one year due to the danger he presented to society. The regime included restricting family …Read more
Tags: Access to health care,
Custody,
Degrading treatment,
Detainee,
Detention,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Prison conditions,
Torture
Country:
Slovakia Year: 2009
Court: The European Court of Human Rights
Citation: Application no. 32881/04
Health Topics:
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right of access to information,
Right to bodily integrity Facts: The applicants are Slovakian females. After their treatment in two Eastern Slovakian hospitals for their pregnancies and deliveries, they could not conceive after multiple attempts. They suspected that a sterilisation procedure must have been conducted during their caesarean delivery. The lawyers of the plaintiffs attempted to get their medical records from the hospitals but were …Read more
Tags: Caesarean,
Childbirth,
Clinics,
Compulsory sterilization,
Forced sterilization,
Health facilities,
Inappropriate treatment,
Patient choice,
Pregnancy,
Sterilization,
Unauthorized treatment
Country:
Lithuania Year: 2009
Court: The European Court of Human Rights
Citation: Application No. 23373/03
Facts: The largest Lithuanian daily in an article titled “Pasvalys villages paralysed by the fear of death: residents of the remote Lithuanian area shackled by the AIDS threat” stated about Ms. Biriuk that she was notoriously promiscuous and that she had HIV. They also stated that she came to be infected with HIV by drug users. …Read more
Tags: AIDS,
Confidentiality,
Disclosure,
HIV,
HIV positive,
HIV status,
People living with HIV/AIDS,
PLHIV,
Testing
Country:
Slovenia Year: 2009
Court: The European Court of Human Rights
Citation: Application No. 71463/01
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Medical malpractice Human Rights: Right to due process/fair trial,
Right to life Facts: Applicants were Slovenian nationals whose son of 20 years old died as a result of an allergic reaction to one of the medications. The medication was given by the duty doctor to treat the son’s urticaria. The applicants alleged medical negligence and filed a criminal complaint, which was dismissed for the lack of evidence. The …Read more
Tags: Clinics,
Diagnostics,
Duty of care,
Emergency care,
Examination,
Health facilities,
Inappropriate treatment,
Negligence,
Primary care,
Remedies,
Standard of care
Country:
United Kingdom Year: 2009
Court: The Supreme Court of the United Kingdom
Citation: [2009] EWCA Civ 1543
Health Topics:
Child and adolescent health,
Mental health,
Violence Human Rights: Right to bodily integrity,
Right to housing Facts: The appellant approached the housing authority for help in finding alternate accommodation for her. Under Section 177(1) of the Homelessness Act (2002), it was not reasonable for a person to remain in their house if there was a possibility of domestic or other violence. The appellant’s husband was mistreating her, verbally abusing her and would …Read more
Tags: Assault,
Children,
Depression,
Domestic abuse,
Domestic violence,
Minor,
Trauma,
Violence against women