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717 judgments found.
Country:
Poland Year: 2016
Court: European Court of Justice
Citation: C-358/14
Health Topics:
Tobacco Facts: Pursuant to Article 7 and Article 9 of the World Health Organisation Framework Convention on Tobacco Control, the European Union passed Directive 2014/40 to regulate tobacco products. The Directive required cigarette packs to include graphic images of diseased human organs and banned menthol cigarettes. It also regulated electronic or “e-cigarettes” by limiting the amount of nicotine they could …Read more
Tags: Health regulation,
Smoking,
Tobacco control,
Tobacco regulation
Country:
Turkey Year: 2016
Court: The European Court of Human Rights
Citation: Application no. 14344/13
Health Topics:
Prisons,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to liberty and security of person,
Right to water and sanitation Facts: This case relates to the lawfulness and material conditions of the detention of an Uzbek refugee in Turkish holding facilities. The applicant and his family sought refuge in Turkey. The applicant was refused entry. He was placed in a detention facility at the airport pending his repatriation. The applicant’s new asylum request was rejected, to …Read more
Tags: Asylum,
Cleanliness,
Degrading treatment,
Detainee,
Detention,
Immigrants,
Immigration,
Refugees
Country:
Czech Republic Year: 2016
Court: The European Court of Human Rights
Citation: Applications nos. 28859/11 and 28473/12
Health Topics:
Health care and health services,
Health systems and financing,
Sexual and reproductive health Human Rights: Right to health,
Right to privacy Facts: Ms. Šárka Dubská and Ms. Alexandra Krejzová brought an action against the Czech Republic, claiming that Czech legislation violated the right to private life provided by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms by effectively prohibiting health professionals, including midwifes, from assisting in home births. Czech legislation required …Read more
Tags: Access to health care,
Childbirth,
Health regulation,
Maternal health,
Midwifery,
Pregnancy
Country:
Moldova Year: 2016
Court: The European Court of Human Rights
Citation: ECHR 343 (2016)
Health Topics:
Infectious diseases,
Public safety,
Water, sanitation and hygiene Human Rights: Right to water and sanitation Facts: The applicant and his daughter were admitted to the hospital as they suffered from serious dysentery after drinking tap water. She ensued action against the State-owned utilities provided. The District Court ruled in her favor. The Higher Courts confirmed the findings of the first instance but reduced the award by more than half of the …Read more
Tags: Clean water,
Cleanliness,
Drinking water,
Dysentery,
Potable water,
Safe drinking water,
Water safety,
Water-borne disease
Country:
Russia Year: 2016
Court: The European Court of Human Rights
Citation: Applications nos. 31039/11, 48511/11, 76810/12, 14618/13 and 13817/14
Health Topics:
Health information,
HIV/AIDS Human Rights: Freedom from discrimination,
Freedom of movement and residence,
Right to family life Facts: The first applicant-Novruk, a Moldovian national after his first marriage and divorce, married Ms. S, a Russian national. The applicant discovered that he was HIV positive. Ms. S had a daughter from previous marriage and also was a foster mother to nine orphaned children. Some of the children were HIV positive. The applicant applied for …Read more
Tags: AIDS,
Confidentiality,
Disclosure,
Health data,
Health records,
HIV,
HIV positive,
HIV status,
Medical records,
Most-at-risk,
People living with HIV/AIDS,
PLHIV,
Transmission
Country:
Bulgaria Year: 2016
Court: The European Court of Human Rights
Citation: Application No. 23796/10
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Right to due process/fair trial,
Right to family life,
Right to health Facts: The applicant suffered from cancer and underwent mastectomy of her left breast. After two years, she experienced pain in the left side of her chest. After undergoing two bone scintigraphies, a pathological uptake of radioactive tracer was found in her sixth rib. A computerized tomography showed metastasis in the eighth and the ninth rib contrary …Read more
Tags: Access to health care,
Access to treatment,
Cancer,
Diagnostics,
Examination,
Health care technology,
Testing
Country:
Czech Republic Year: 2016
Court: European Committee of Social Rights
Citation: Complaint No. 104/2014
Facts: The complainant, European Roma and Travellers Forum (ERTF), filed a complaint against the respondent, the Czech Republic, alleging violation of Article 16 of the European Social Charter, 1961, which provides for right of the family to social, legal and economic protection, on the grounds that Roma people suffered from a lack of accessible housing, residential …Read more
Tags: Child and adolescent health,
Freedom from Discrimination,
Health care and health services,
Health information,
Health systems and financing,
Infectious diseases,
Poverty,
Right to a Clean Environment,
Right to Health,
right to housing,
Right to water and sanitation,
sanitation and hygiene,
Water
Country:
Russia Year: 2016
Court: The European Court of Human Rights
Citation: SABLINA and others against Russia
Health Topics:
Hospitals,
Informed consent Human Rights: Right to due process/fair trial,
Right to family life Facts: The applicants in this case were Russian nationals; the first applicant being the mother to her deceased daughter (Ms. A.S.) and the other two applicants were grandmothers to the deceased. In January, the deceased faced a severe car accident for which she underwent emergency surgery and resuscitation but continued to be in an unconscious state. …Read more
Country:
Turkey Year: 2016
Court: European Court of Human Rights
Citation: Akkoyunlu v. Turkey, [2016] EHCE
Health Topics:
Disabilities,
Health care and health services,
Hospitals,
Medical malpractice Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health Facts: In 2001, Mr. Akkoyunlu (the applicant) started his compulsory military service in Turkey. On July 25, 2001, he went to the infirmary of his regiment to complain about severe pain in his left eye. The military doctor was unavailable, so he was given eye drops by another soldier, who had no medical qualifications. He later …Read more
Tags: Access to healthcare,
Access to treatment,
Blind,
Diagnostics,
Handicapped,
Misdiagnosis,
Negligence,
Public hospitals
Country:
Germany Year: 2016
Court: European Court of Human Rights
Citation: no. 62303/13, § 59, ECHR 2016
Health Topics:
Controlled substances,
Health care and health services,
HIV/AIDS,
Infectious diseases,
Medicines,
Public safety Human Rights: Right to bodily integrity,
Right to health,
Right to liberty and security of person,
Right to life Facts: The applicant has been a heroin addict since 1973, suffered from hepatitis C since 1975 and been HIV-positive since 1988. Attempts to overcome his heroin addiction through various treatments failed, and from 1991 to 2008 he was treated with drug substitution therapy. In 2008, the applicant was arrested on suspicion of drug trafficking and detained …Read more
Tags: Access to drugs,
Access to health care,
Access to treatment,
Addiction,
Cocaine,
Drug safety,
Drug use,
Examination,
Heroin,
HIV,
HIV/AIDS,
Imprisonment,
Incarceration,
People living with HIV/AIDS,
People who use drugs,
Rehabilitation,
Substance abuse
Country:
Netherlands Year: 2016
Court: European Court of Human Rights
Citation: [2016] ECHR 10511/10
Health Topics:
Health care and health services,
Mental health,
Prisons Human Rights: Right to bodily integrity,
Right to health,
Right to liberty and security of person Facts: In 1980, the Applicant, Mr. James Clifton Murray, was found guilty of the murder of a six year old girl in Aruba. At the time of his conviction, the Netherlands consisted of the Netherlands and the Netherlands Antilles, which included the islands of Aruba and Curaçao. The judgment from the First Instance Court of the …Read more
Tags: Access to health care,
Access to treatment,
Imprisonment,
Incarceration,
Inmate,
Jail,
Mental disability,
Mental disorder,
Mental illness,
Mental retardation
Country:
France Year: 2015
Court: Conseil constitutionnel [Constitutional Council]
Citation: Decision n° 2015-470 QPC
Health Topics:
Water, sanitation and hygiene Human Rights: Right to water and sanitation Facts: The claimant water company alleged that France’s prohibition on allowing water providers to interrupt the provision of drinking water to users who did not pay their bills violated the constitutionally protected rights of contractual freedom and entrepreneurial freedom and the principles of equality before the law and public expenditures, especially considering that the electricity, heating, …Read more
Tags: Drinking water,
Potable water
Country:
United Kingdom Year: 2015
Court: High Court of Justice, Queen’s Bench Division, Administrative Court
Citation: Case No. CO/3077/2014; [2015] EWHC 1706 (Admin)
Health Topics:
Chronic and noncommunicable diseases,
Informed consent,
Sexual and reproductive health Human Rights: Right to family life Facts: The issue of the case was whether AM, deceased daughter of IM and MM, gave sufficient informed consent to export her gametes to the U.S. to be fertilized there using a donor selected by her parents and used in the treatment of in vitro fertilization of her mother, IM. Even if it found that AM …Read more
Tags: Assisted reproductive technology,
Cancer,
Fertility,
In utero fertilization,
In vitro fertilization,
Informed choice,
Patient choice
Country:
United Kingdom Year: 2015
Court: Court of Protection
Citation: [2015] EWCOP 80
Health Topics:
Hospitals,
Informed consent,
Mental health Human Rights: Right to bodily integrity Facts: The Kings College Hospital challenged respondent C’s ability to decide to end life-saving treatment, effectively choosing to die, by alleging that she lacked mental capacity. C had attempted to commit suicide by ingesting 60 paracetamol tablets with champagne. She made this decision shortly after undergoing treatment for breast cancer and ending of a long term …Read more
Tags: Compulsory treatment,
Degrading treatment,
Forced treatment,
Health care professionals,
Incapacity,
Informed choice,
Involuntary treatment,
Mandatory treatment,
Mental competence,
Mental disorder,
Mental illness,
Non-consensual testing and treatment,
Patient choice,
Psychiatry,
Psychology,
Public hospitals,
Suicide,
Unauthorized treatment
Country:
France Year: 2015
Court: European Court of Human Rights
Citation: Application No. 46043/14
Health Topics:
Health systems and financing,
Informed consent Human Rights: Right to bodily integrity,
Right to family life,
Right to life Facts: The applicants appealed a decision to terminate artificial nutrition and hydration for their son, who was in a chronic vegetative state. In 2013, Mr. Lambert’s doctor and wife initiated proceedings to terminate care under the Act of 22 April 2005 (“Act”), which amended provisions of the Public Health Code (“Code”). However, the applicants received an …Read more
Tags: Compulsory treatment,
Forced treatment,
Health care professionals,
Health care workers,
Health regulation,
Informed choice,
Involuntary treatment,
Non-consensual testing and treatment,
Patient choice,
Unauthorized treatment
Country:
United Kingdom Year: 2015
Court: United Kingdom Supreme Court
Citation: [2015] UKSC 47; UKSC 2014/0166
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Disabilities,
Health systems and financing,
Hospitals Human Rights: Freedom from discrimination,
Right to social security Facts: The appellant, Craig Mathieson, represented his deceased son, whose Disability Living Allowance (DLA) had been suspended by the Secretary of State for Work and Pensions. The son had been severely disabled since birth and required a high level of care. His parents were his primary care-givers. The son was admitted to the hospital for chronic …Read more
Tags: Budget,
Child development,
Child mortality,
Children,
Differently abled,
Disabled,
Handicapped,
Health expenditures,
Health facilities,
Health funding,
Health insurance,
Health regulation,
Health spending,
Infant health,
Infant mortality,
Minor,
Noncommunicable diseases,
Out-of-pocket expenditures,
Pediatric health,
Physically challenged,
Public hospitals,
Reimbursement,
Social security,
Subsidies
Country:
Romania Year: 2015
Court: European Court of Human Rights
Citation: Application No. 31973/03
Health Topics:
Mental health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to liberty and security of person Facts: The applicant, a lawyer, was accused of inciting false testimony from witnesses involved in several sets of criminal proceedings. Upon presenting herself to the prosecutor’s office, she was prevented from leaving and eventually taken to a psychiatric hospital. The government alleged that the applicant was detained after she refused to review the criminal file against …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Involuntary commitment,
Involuntary confinement,
Law enforcement,
Mandatory confinement,
Mental competence,
Mental institution,
Police
Country:
United Kingdom Year: 2015
Court: The High Court of Justice in Northern Ireland, Queen’s Bench Division
Citation: [2015] NIQB 96; 2014 No. 125661/01
Health Topics:
Child and adolescent health,
Disabilities,
Health care and health services,
Health systems and financing,
Informed consent,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to life,
Right to privacy Facts: The Northern Ireland Human Rights Commission (“Commission”) brought an application alleging that the rights of women in Northern Ireland who are or become pregnant with a serious malformation of the fetus (SMF), fatal fetal abnormality (FFA) or who are pregnant as a result of sexual crimes were being breached by Section 58 and Section 59 …Read more
Tags: Abortion,
Abortion counseling,
Abortion technique,
Access to health care,
Disabled,
Family planning,
Health regulation,
Infant health,
Infant mortality,
Informed choice,
Late-term abortion,
Maternal health,
Maternal mortality,
Patient choice,
Pregnancy,
Rape,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Termination of pregnancy,
Therapeutic abortion,
Unsafe abortion,
Violence against women
Country:
United Kingdom Year: 2015
Court: High Court of Justice, Queen’s Bench Division
Citation: [2015] EWHC 990 (Admin)
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to family life,
Right to privacy Facts: The Claimant was a male-to-female transgendered woman who challenged the requirement that she was recorded as the father on her children’s birth certificates. Following the birth of her daughter, but before the birth of her son, the Claimant decided to live as a man and changed her name to a female name. The Claimant was …Read more
Tags: Gender identity,
Gender reassignment,
Homosexual,
LGBTI,
Queer,
Sex reassignment,
Sexual orientation,
Tags: Gay,
Transgender
Country:
Netherlands Year: 2015
Court: Hague District Court (Chamber for Commercial Affairs)
Citation: C/09/456689
Health Topics:
Environmental health Human Rights: Right to a clean environment,
Right to family life,
Right to life Facts: The plaintiff Urgenda, a foundation committed to a more sustainable society, brought a claim on behalf of over 800 individuals against the defendant, the state of the Netherlands, regarding climate change. Specifically, the plaintiff asked the court to rule that it would be unlawful for the defendant not to reduce annual greenhouse gas emissions by …Read more
Tags: Air pollution,
Climate change,
Environmental degradation,
Global warming,
Harm reduction,
Pollution
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
Country:
Romania Year: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Infectious diseases,
Informed consent,
Medical malpractice,
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to life Facts: The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea. Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more
Tags: Abuse,
Access to health care,
Access to treatment,
Compulsory examination,
Compulsory testing,
Compulsory treatment,
Counseling,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Diagnostics,
Duty of care,
Emergency care,
Epilepsy,
Examination,
Forced examination,
Forced treatment,
Imprisonment,
Inadequate treatment,
Inappropriate treatment,
Incapacity,
Incarceration,
Informed choice,
Inmate,
Involuntary examination,
Involuntary treatment,
Jail,
Lung disease,
Mandatory examination,
Mandatory treatment,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Negligence,
Neurological diseases,
Noncommunicable diseases,
Patient choice,
Pneumonia,
Prison conditions,
Psychosis,
Pulmonary diseases,
Respiratory diseases,
Standard of care,
Suicide,
Trauma
Country:
Ireland Year: 2015
Court: High Court of Ireland
Citation: [2015] IEHC 396 (Ir.)
Health Topics:
Infectious diseases Human Rights: Right to due process/fair trial Facts: The appellant was diagnosed as a carrier of hemophilia A as an infant. Since she was a factor VII deficient, she had to get factor replacement therapy to cover any surgical or dental operation. The appellant was treated with a variety of blood products in the course of her childhood and teenage years including a …Read more
Tags: Blood transfusion,
Compensation,
Hepatitis
Country:
Italy Year: 2015
Court: The European Court of Human Rights
Citation: Application No. 20034/11
Health Topics:
Aging,
Chronic and noncommunicable diseases,
Hospitals,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: Ms. Ebe Gigliola Giorgini, the applicant, is an Italian national who was born in 1933. In 2008, the applicant was convicted by the District Court for a number of different offenses, including criminal association, aggravated fraud, and ill-treatment. In 2010, the applicant underwent a second set of criminal proceedings. On June 9, 2010, the Pistoia …Read more
Tags: Aged persons,
Degrading treatment,
Detainee,
Detention,
Elderly,
Health facilities,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Older persons,
Prison conditions
Country:
Netherlands Year: 2015
Court: Committee on the Elimination of All Forms of Discrimination Against Women
Citation: Communication No. 52/2013; UN Doc. CEDAW/C/61/D/52/2013
Health Topics:
Poverty,
Violence Human Rights: Freedom from discrimination,
Right to housing,
Right to social security Facts: DG, arrived in the Netherlands from Bulgaria in 2007. She worked at a restaurant and then as a prostitute. She stated in her complaint that she left prostitution after a client held her hostage at gunpoint. Unable to pay her rent, DG became homeless in December 2008. DG applied for shelter under the Social Support …Read more
Tags: Gender-based violence,
Indigent,
Low income,
Migrants,
Poor,
sex work,
Sex workers,
Underprivileged,
violence,
Violence against women
Country:
Turkey Year: 2015
Court: The European Court of Human Rights
Citation: ECHR 027 (2015)
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life Facts: The applicant gave birth by Caesarean section to a premature boy in a public hospital. The baby had breathing difficulties. There were no suitable neonatal wards in the hospital and therefore the doctors decided to move the baby to another public hospital, which was more than 100 kilometers away. The latter public hospital stated that …Read more
Tags: Access to health care,
Access to treatment,
Caesarean,
Child mortality,
Childbirth,
Children,
Clinics,
Emergency care,
Health facilities,
Infant health,
Infant mortality,
Lung disease,
Minor,
Negligence,
Pediatric health,
Pregnancy,
Primary care,
Public hospitals,
Pulmonary diseases,
Respiratory diseases
Country:
Latvia Year: 2015
Court: The European Court of Human Rights
Citation: ECHR 005 (2015)
Health Topics:
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to family life,
Right to privacy Facts: The applicant’s husband died in a car accident. She saw her husband’s body when he was transported from the Forensic department. His legs were tied and he was buried like that. After two years, criminal inquiry into illegal removal of organs and tissues were ensued by the Police. The applicant was told that her husband …Read more
Tags: Awareness,
Clinics,
Disclosure,
Emergency care,
Examination,
Health care technology,
Health facilities,
Health records,
Medical records,
Non-disclosure,
Patient choice,
Private hospitals,
Public hospitals,
Standard of care,
Unauthorized treatment