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717 judgments found.
Country:
Italy Year: 2015
Court: European Court of Human Rights
Citation: Applications nos. 18766/11 and 36030/11
Human Rights: Freedom from discrimination Facts: Six Italian Nationals brought a claim of discrimination to the European Court of Human Rights. They claim that the Italian courts refused to grant them the right to get married, based on the fact that they were same sex couples. They brought the case to the European Court on the basis of breach of the …Read more
Country:
Sweden Year: 2015
Court: European Committee of Social Rights
Citation: Complaint No. 99/2013
Facts: The complainant, Federation of Catholic Families in Europe (FAFCE), had alleged violation of Article 11 of the European Social Charter(hereinafter Charter) on the ground that the government of Sweden (hereinafter respondent) had failed to enact legislation or insufficient/poorly implement legislation governing the practice of conscientious objection by health care providers, which had led to discrimination …Read more
Tags: Freedom from Discrimination,
freedom of religion,
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medical malpractice,
Occupational health,
Right to Enjoyment of Favorable Working Conditions,
Right to Health,
Sexual and reproductive health
Country:
United Kingdom Year: 2014
Court: European Court of Human Rights
Citation: Application No. 11577/06
Health Topics:
Mental health Human Rights: Freedom from discrimination,
Right to due process/fair trial,
Right to liberty and security of person Facts: The applicant was severely disabled as a result of Down’s Syndrome. The applicant lived with her mother, her nearest relative. She often exhibited difficult behavior and towards the end of 2002 social workers had become extremely concerned about the impact on the physical and mental health of the applicant and her mother. On 31 January …Read more
Tags: Compulsory commitment,
Detainee,
Detention,
Incapacity,
Involuntary commitment,
Mandatory commitment,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Mental retardation,
Psychiatry
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
Country:
Latvia Year: 2014
Court: European Court of Human Rights
Citation: Application no. 33011/08
Health Topics:
Health care and health services,
Health information,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right of access to information,
Right to due process/fair trial,
Right to family life,
Right to privacy Facts: After giving birth to a child with Down syndrome, the Petitioner (a forty years old woman) alleged that she was denied adequate and timely medical care in the form of antenatal screening tests. She claimed that her doctor failed to refer her for proper prenatal testing in accordance with the medical protocols in place. According to …Read more
Tags: Childbirth,
Maternal health,
Medical records,
Pregnancy,
Testing
Country:
Kazakhstan Year: 2014
Court: United Nations Human Rights Committee
Citation: Communication No. 2104/2011
Health Topics:
Health care and health services,
Infectious diseases,
Prisons,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to due process/fair trial Facts: Nikolai Valetov, a Russian national, was arrested and charged in June 2001 with murder by Kyrgyzstan authorities while living in Kyrgyzstan. In addition to maintaining that he was framed for this crime by the police, Valetov further claimed that he was tortured by the police so severely while in pre-trial detention that he was permanently …Read more
Tags: Abuse,
Access to health care,
Asylum,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Detainee,
Detention,
Examination,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Rape,
TB,
Torture,
Tuberculosis
Country:
Latvia Year: 2014
Court: European Court of Human Rights
Citation: Application No. 52019/07
Health Topics:
Health information,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to privacy Facts: The applicant gave birth by Caesarean section in the Cesis District Central Hospital (Cesis Hospital) in 1997. The surgeon conducting the Caesarean section performed a tubal ligation (surgical contraception) without the applicant’s consent. The applicant commenced civil proceedings against the hospital to recover damages for the unauthorized procedure. Ultimately, in December 2006, the applicant’s claim …Read more
Tags: Caesarian,
Childbirth,
Compulsory sterilization,
Confidentiality,
Disclosure,
Forced sterilization,
Health records,
Inappropriate treatment,
Informed choice,
Involuntary sterilization,
Involuntary treatment,
Mandatory sterilization,
Medical records,
Non-consensual testing and treatment,
Non-disclosure,
Notification,
Patient choice,
Public hospitals,
Sterilization,
Unauthorized treatment
Country:
Belgium Year: 2014
Court: Grand Chamber
Citation: C-562/13. Centre public d’action sociale d’Ottgnies-Louvain-la-Neuve v. Moussa Abdida
Health Topics:
Health care and health services,
Health systems and financing Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health Facts: Mr. Abdida, a Niegrian national, was in Belgium seeking asylum from torture and inhuman treatment. While in Belgium, he suffered from a serious illness and submitted an application to reside in Belgium on medical grounds. The application was accepted, and he began receiving social assistance from the Public Social Action Centre of Ottignies-Louvain-la-Neuve (“CPAS”). In 2011, …Read more
Tags: Access to health care,
Access to treatment,
Asylum,
Emergency care,
Health expenditures,
Health funding,
Health spending,
Immigrants,
Immigration,
Migrants,
Refugees
Country:
Russia Year: 2014
Court: European Court of Human Rights
Citation: Application No. 37873/04, § 1, ECHR 2014
Health Topics:
Health information,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to privacy Facts: Ms. Konovalova, a Russian citizen, experienced contractions due to her pregnancy and was taken to S. M. Kirov Military Medical Academy Hospital. After she was admitted to the gynecology ward, she was given a booklet issued by the hospital that contained a notice stating, “We ask you to respect the fact that medical treatment in …Read more
Tags: Childbirth,
Confidentiality,
Cruel treatment,
Degrading treatment,
Disclosure,
Health care professionals,
Health facilities,
Health records,
Humiliating treatment,
Inappropriate treatment,
Informed choice,
Maternal health,
Medical records,
Non-pecuniary damage,
Notification,
Patient choice,
Pregnancy,
Public hospitals
Country:
Moldova Year: 2014
Court: European Court of Human Rights
Citation: Application No. 50073/07
Health Topics:
Health information,
Hospitals,
Sexual and reproductive health Human Rights: Right to privacy Facts: The plaintiff was a lecturer at the Police Academy in Moldova. In 2003, she became pregnant through artificial insemination. Due to her increased risk of miscarriage, a doctor at the No. 7 Center for Family Doctors (“the CFD”), a state-owned hospital, ordered her hospitalization. This extended hospitalization caused her to be absent from work. The …Read more
Tags: Confidentiality,
Disclosure,
Employment,
Health data,
Health records,
In vitro fertilization,
Maternal health,
Medical records,
Non-disclosure,
Pregnancy,
Public hospitals,
Secrecy
Country:
Estonia Year: 2014
Court: European Court of Human Rights
Citation: Application No. 66393/10; [2014] ECHR 294
Health Topics:
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: Mr. Tali, an Estonian sentenced to life in prison, claimed he was subjected to inhuman and degrading treatment contrary to Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). On July 3 2009, Tali was told he would be taken to a punishment cell. The guards used defensive equipment …Read more
Tags: Abuse,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Jail
Country:
Romania Year: 2014
Court: European Court of Human Rights
Citation: Application No. 50131/08
Health Topics:
Hospitals,
Informed consent,
Mental health Human Rights: Right to liberty and security of person,
Right to privacy Facts: Atudorei, a Romanian citizen, alleged that, from an early age, she has been subjected to continued physical and psychological abuse by her parents. The abuse had escalated after they discovered that she attended yoga classes organised by the Movement for Spiritual Integration into the Absolute (MISA), an organisation that was targeted by the police and …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Compulsory examination,
Compulsory treatment,
Forced examination,
Forced treatment,
Health care professionals,
Health care workers,
Involuntary commitment,
Involuntary confinement,
Involuntary examination,
Involuntary treatment,
Mandatory commitment,
Mandatory confinement,
Non-consensual testing and treatment,
Unauthorized treatment
Country:
United Kingdom Year: 2014
Court: Royal Courts of London
Citation: [2014] EWHC 3820 (Admin)
Health Topics:
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: The claimant, DD, a Somali man, was granted asylum and indefinite leave to remain shortly after his arrival in the UK in 2003. Due to his involvement in fundraising for Al-Shabaab, a Terrorism Prevention and Investigation Measure (TPIM) was imposed in 2012. He was charged with breaching the TPIM, remanded into custody, and was sentenced …Read more
Tags: Custody,
Degrading treatment,
Depression,
Detention,
Imprisonment,
Inhuman treatment,
Mental disability,
Mental illness,
Psychiatry,
Psychosis,
Refugees,
Schizophrenia,
Solitary confinement,
Terrorism,
Torture,
Trauma
Country:
Malta Year: 2014
Court: European Court of Human Rights
Citation: Application Nos. 60908/11, 62110/11, 62129/11, 62312/11 and 62338/11
Health Topics:
Chronic and noncommunicable diseases,
Occupational health Human Rights: Right to family life,
Right to favorable working conditions,
Right to life Facts: From 1968 to early 2003 the applicants were employees at the state-owned Malta Drydocks Corporation (MDC), where they alleged they were exposed to asbestos. The applicants also alleged that the asbestos particles settled in their clothing and were carried home, affecting their private life. Asbestos had been known to be dangerous since the 1950s, however, …Read more
Tags: Asbestos,
Cancer,
Industrial hygiene,
Noncommunicable diseases,
Occupational health and safety,
Pulmonary diseases,
Respiratory diseases
Country:
Ireland Year: 2014
Court: High Court of Ireland
Citation: [2014] IEHC 622
Facts: The plaintiff, P.P., was the father of N.P., a pregnant woman who was admitted to the defendant hospital situated outside Dublin after experiencing severe headache and nausea. Two days later of being admitted, N.P. suffered a fall and was found unresponsive. She was later transferred to a Hospital in Dublin who advised the plaintiff that …Read more
Country:
Iceland Year: 2014
Court: High Court of Ireland
Citation: [2014] IEHC 592
Health Topics:
Hospitals,
Informed consent Human Rights: Right to health,
Right to liberty and security of person Facts: This is a case about the applicant challenging an order from Mental Health Tribunal (“the Tribunal”) that demanded her involuntary admission to St. John of God’s Hospital (“the Hospital”) for treatment of a mental disorder. On April 28th, 2014, a member of An Garda Síochána detained the applicant because there were sufficient grounds to believe …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Compulsory examination,
Compulsory testing,
Compulsory treatment,
Confinement,
Health facilities,
Involuntary commitment,
Involuntary examination,
Involuntary testing,
Involuntary treatment,
Mandatory examination,
Mandatory testing,
Mandatory treatment,
Mental disorder,
Mental institution,
Non-consensual testing and treatment,
Unauthorized treatment
Country:
Russia Year: 2014
Court: The European Court of Human Rights
Citation: [2014] EHCR 51857/13
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Infectious diseases,
Medicines,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to health Facts: Amirov is a local politician who was arrested and charged in June 2013 with attempted murder, attempting to organize a terrorist attack, and related charges. Amirov was paralyzed in 1993 and requires constant medical care. Amirov argued that he should not be detained pending trial because of his poor health, age and position in the …Read more
Tags: Access to health care,
Access to treatment Health facilities,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Diabetes,
Handicapped,
heart disease neurological diseases,
Hepatitis,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Kidney disease,
Noncommunicable diseases,
Physically challenged,
Prison conditions
Country:
Germany Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 36356/10
Health Topics:
Health care and health services,
Hospitals,
Medicines,
Mental health,
Violence Human Rights: Right to bodily integrity,
Right to liberty and security of person Facts: On August 19, 2004, Mr. Veit Aurnhammer was convicted by the Regensburg Juvenile District Court of causing bodily harm and damage to property after he struck two ticket collectors in the face when they tried to prevent him from evading ticket controls. Aurnhammer was further convicted of dangerous bodily injury after attacking his sleeping cellmate …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Incapacity,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental disorder,
Mental illness,
Mental institution,
Psychiatry,
Schizophrenia
Country:
Germany Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 75095/11
Health Topics:
Health care and health services,
Hospitals,
Medicines,
Mental health Human Rights: Right to bodily integrity Facts: Ms. Rosel Zierd filed an application claiming that the psychiatric medication administered against her late son’s will violated her own and her late son’s Convention rights. On May 31, 2006, Ms. Zierd’s son, H, was found by the Meiningen Regional Court to have committed a number of traffic offenses, including involuntary manslaughter. The court determined …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Incapacity,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental disorder,
Mental illness,
Mental institution,
Suicide
Country:
Romania Year: 2014
Court: The European Court of Human Rights
Citation: ECHR 222 (2014)
Health Topics:
Health care and health services,
HIV/AIDS,
Hospitals,
Infectious diseases,
Medicines,
Mental health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to life Facts: The application was lodged by Centre for Legal Resources (CLR) on behalf of Campeanu, who was born in 1985 and died in 2004. He was abandoned at birth and was diagnosed as being HIV positive and suffered from a mental disability. In 2003, Mr. Campeanu had to leave the centre. Two assessments of his health …Read more
Tags: Access to drugs,
Access to healthcare,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Clinics,
Health facilities,
HIV,
HIV positive,
HIV status,
Negligence,
People living with HIV/AIDS,
PLHIV
Country:
United Kingdom Year: 2014
Court: The Supreme Court of the United Kingdom
Citation: [2014] HRLR 17
Health Topics:
Disabilities,
Informed consent,
Mental health Human Rights: Right to bodily integrity,
Right to liberty and security of person Facts: The appellants, all individuals suffering from severe medical conditions, wished to die but were physically incapable of doing so themselves, due to their respective medical limitations. They could not find anyone to assist them in ending their lives; UK law criminalized assisting suicide. At issue was whether s. 2(1) of the Suicide Act 1961 (“s. …Read more
Tags: Criminalization,
Disabled,
Informed choice,
Patient choice,
Suicide
Country:
Germany Year: 2014
Court: The European Court of Human Rights
Citation: Application no. 49278/09
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Medical malpractice,
Medicines Human Rights: Right to life Facts: The applicants are brothers whose father died after being treated by a German doctor for acute pain due to kidney stones. The doctor had ben recruited by a private agency to provide medical services for the National Health Services (NHS). The doctor was suspended by the private agency and returned to Germany. The doctor had …Read more
Tags: Access to treatment,
Clinics,
Compensation,
Damages,
Drug safety,
Duty of care,
Emergency care,
Health facilities,
Inappropriate treatment,
Negligence,
Non-pecuniary damage,
Public hospitals,
Remedies,
Standard of care,
Tort
Country:
Latvia Year: 2014
Court: The European Court of Human Rights
Citation: ECHR 181 (2014)
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to family life,
Right to privacy Facts: The applicant’s son at the age of 23 was in a car accident and sustained very serious injuries. He had to be operated on but his condition became worse after her surgery and he died. After a few months, she discovered that her son’s kidneys and spleen had been removed for organ transplantation after his …Read more
Tags: Clinics,
Degrading treatment,
Emergency care,
Health facilities,
Inhuman treatment,
Patient choice,
Public hospitals
Country:
Year: 2014
Court: 2014
Citation: ECHR 328 (2014)
Facts: This case is concerned with the conditions surrounding the compulsory admission of the applicant, Mr. Dvořáček, to a psychiatric hospital to undergo, what the European Court of Human Rights described as, “protective sexological treatment”. The applicant was diagnosed with Wilson’s disease in 1999 and was also found to be afflicted with hebephilia owing to which …Read more
Tags: Chronic and noncommunicable diseases,
Freedom from Torture and Cruel,
Hospitals,
Informed consent,
Inhuman or Degrading Treatment,
Mental health,
Right to bodily integrity,
sexual and reproductive rights
Country:
United Kingdom Year: 2013
Court: Court of Protection
Citation: [2013] EWHC 1417 (COP)
Health Topics:
Hospitals,
Informed consent,
Medicines,
Mental health,
Sexual and reproductive health Facts: A pregnant 37-year-old woman diagnosed with bipolar disorder was compulsorily detained under Section 2 of the Mental Health Act 1983. She had been on and off medication for 8 years and had suffered both remissions and relapses, due to which she was detained at various times in Italy, France and in England where she currently …Read more
Tags: Abortion,
Bipolar,
Compulsory commitment,
Compulsory confinement,
Incapacity,
Incompetence,
Informed choice,
Insanity,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental disorder,
Mental illness,
Mental institution,
Paranoia,
Patient choice,
Psychiatry,
Spousal consent,
Suicide,
Termination of pregnancy
Country:
Armenia Year: 2013
Court: Court of Cassation (Հայաստանի Հանրապետության Վճռաբեկ դատարան)
Citation: Case No. ‘ԵԿԴ/0077/11/12’
Health Topics:
Health care and health services,
Hospitals,
Infectious diseases,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to due process/fair trial,
Right to life Facts: Arman Antonyan, the son of the applicant Susanna Antonyan, died upon receiving treatment at a medical institution. A. Antonyan’s death was caused by acute liver failure resulted from the fulminant viral malignant hepatitis B. On May 31, 2010, S. Antonyan reported to the RA General Prosecutor’s Office that after her son A. Antonyan received treatment …Read more
Tags: Duty of care,
Emergency care,
Examination,
Health care professionals,
Health care workers,
Health facilities,
Hepatitis,
Infertility,
Negligence,
Public hospitals,
Testing