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22 judgments found.


Nedescu v. Romania

Country: Romania
Year: 2018
Court: The European Court of Human Rights
Citation: Application No. 70035/10
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Facts:

The applicants are husband and wife and wanted to try assisted reproduction at a private clinic. The applicant’s embryos were obtained and freezed for future use by the applicant. A criminal investigation led to the closure of the said clinic. During that process, all genetic material including the applicant’s embryos were transferred to a forensic …Read more

Tags: Assisted reproductive technology, Clinics, Examination, Health care professionals, Health care techn, Health care workers, Health facilities, In vitro fertilization, Infertility, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Ioniță v. Romania

Country: Romania
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 81270/12
Health Topics: Child and adolescent health, 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 life
Facts:

The applicants’ minor son underwent surgery for the removal of a polyp in a public emergency hospital. The child was transferred to the ICU unit under a staff nurse who had assisted in the surgery. Due to a hemorrhage and a number of failed attempts to resuscitate, the child died. There were contrary reports of …Read more

Tags: Access to health care, Access to treatment, Child mortality, Children, Clinics, Compensation, Damages, Diagnostics, Duty of care, Emergency care, Examination, Health data, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Infant health, Infant mortality, Medical records, Minor, Negligence, Non-consensual testing and treatment, Non-pecuniary damage, Patient choice, Pediatric health, Primary care, Public hospitals, Remedies, Standard of care, Testing, Tort, Unauthorized treatment
Download Judgment: English

Lazariu v. Romania

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
Download Judgment: English

Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania

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
Download Judgment: English

Atudorei v. Romania

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
Download Judgment: English

Centre For Legal Resources On Behalf of Valentin Câmpeanu v. Romania

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
Download Judgment: English

Csoma v. Romania

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No.8759/05
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The applicant, Ms. Julia Kinga Csoma, alleged that her gynecologist had committed “grievous unintentional bodily harm and negligence” due to serious medical errors in her treatment. Csoma became pregnant in January 2002.  Her pregnancy was monitored by a gynecologist at the town hospital where Csoma worked as a nurse.  The fetus was diagnosed with hydrocephalus, …Read more

Tags: Abortion, Abortion technique, Damages, Diagnostics, Duty of care, Health care professionals, Health care workers, Health facilities, Health records, Infertility, Informed choice, Medical records, Negligence, Non-consensual testing and treatment, Non-pecuniary damage, Patient choice, Public hospitals, Remedies, Sterilization, Termination of pregnancy, Tort
Download Judgment: English

B. v. Romania (no. 2)

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 1285/03
Health Topics: Disabilities, Informed consent, Mental health
Human Rights: Right to family life, Right to privacy
Facts:

The applicant, M.B., filed a complaint with the European Court of Human Rights for a violation of (1) laws concerning compulsory admission to psychiatric hospitals and (2) laws concerning decisions in child-rearing where the parent or guardian’s mental capacity is in question. M.B. was diagnosed in 2000 with paranoid schizophrenia. As a result of her …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Counselling, Disabled, Forced examination, Handicapped, Incapacity, Incompetence, Informed choice, Involuntary commitment, Involuntary confinement, Involuntary examination, Mandatory commitment, Mandatory confinement, Mandatory examination, Mental competence, Mental disability, Mental disorder, Mental illness, Paranoia, Patient choice, Schizophrenia
Download Judgment: English

Panaitescu v. Romania

Country: Romania
Year: 2012
Court: The European Court of Human Rights
Citation: ECHR 152 (2012)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

The son of the former applicant continued the application after his death. The applicant’s father was diagnosed with cancer in 2005 and had a surgery for removal of a tumour from his kidney. He was first suggested vitamins and saline solution. Later on, when he went to an oncology institute, he was recommended two drugs. …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Cancer, Clinics, Experimental treatment, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Private hospitals, Public hospitals, Reimbursement, Subsidies
Download Judgment: English

Elefteriadis v. Romania

Country: Romania
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 38427/05
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Applicant, Mr. Elefteriadis, alleged that he was exposed to second-hand smoke in crowded cells during several periods of detention, as well as in transport vehicles during frequent transfers between prison and court and in designated rooms for prisoners awaiting hearings. The applicant claimed such situations contravened Article 3 (freedom from inhuman and degrading treatment) of …Read more

Tags: Access to health care, Access to treatment, Cancer, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Lung disease, Noncommunicable diseases, Passive smoking, Prison conditions, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking
Download Judgment: French

Case 95

Country: Romania
Year: 2010
Court: National Council for Combating Discrimination
Citation: Decision No. 95 of 9 June 2010
Health Topics: Aging, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
Facts:

The petitioner, the National Council for Combating Discrimination, alleged that Order No. 1352/2009 (the” challenged order”) issued by the Ministry of Health, the defendant, violated the paragraph 1 of Article 1 and Article 10, pt (b) of Governmental Ordinance No. 137/2000, which prevented and sanctioned all forms of discrimination. The petitioner claimed that the challenged …Read more

Tags: Access to health care, Aged persons, Elderly, Health funding, Health regulation, Older persons, Out-of-pocket expenditures, Senior citizens, Social security
Download Judgment: English

Case 838

Country: Romania
Year: 2010
Court: Constitutional Court
Citation: Decision No. 838 of 24 June 2010
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person
Facts:

An explanatory statement challenged certain provisions of the Law No. 95/2006 on the Health Sector Reform (the “Health Law”) and the Governmental Ordinance No. 92/2003 on the Tax Procedure Code (the “Government Ordinance”) as being unconstitutional under the Romanian constitution (the “Constitution). These provisions provided for mandatory social security contributions and “[a]lthough allowing the functioning …Read more

Tags: Health expenditures, Health funding, Health insurance, Health spending, Social security, Subsidies
Download Judgment: English Romanian

Case 1.240

Country: Romania
Year: 2010
Court: Curtea Cnstituţională (Constitutional Court)
Citation: Decision No. 1.240 of 7 October 2007
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health
Facts:

Two merged cases challenged the constitutionality of a law on health sector reform. The law provided care for insured person under the Health Insurance Fund. However, to be an insured person required that the person has paid all dues, including retroactive payments, even if that meant paying for coverage when no services were provided. These …Read more

Tags: Access to health care, Access to treatment, Health expenditures, Health funding, Health insurance
Download Judgment: English Romanian

Case 1.657

Country: Romania
Year: 2010
Court: Constitutional Court [CURTEA CONSTITUŢIONALĂ]
Citation: DECISION No. 1.657 of 28 December 2010
Health Topics: Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

The case was introduced by a group of 54 deputies under Article 146 of the Constitution seeking a constitutionality review of the 2011 State Budget Law. Alleged violations from the 2011 State Budget Law included: (1) the Government submitted the 2011 State Budget law two months later than the deadline mandated in the Constitution for …Read more

Tags: Budget, Health expenditures, Health funding, Health spending, Social security
Download Judgment: English Romanian

Brânduse v. Romania

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
Download Judgment: French

Eugen Gabriel Radu v. Romania

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
Download Judgment: French

Marian Stoicescu v. Romania

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
Download Judgment: French

Case 649

Country: Romania
Year: 2008
Court: National Council for Combating Discrimination
Citation: Decision No. 649 of 4 December 2008
Health Topics: Child and adolescent health, Health care and health services, Hospitals
Human Rights: Freedom from discrimination, Right to health
Facts:

The petitioner claimed that the defendant hospital’s practice of only admitting mothers with sick children was discriminatory. In particular, the petitioners pointed to the defendant hospital’s notice board which read:  “children up to 3 years of age are admitted along with their mothers”, and “Mother – not relatives”. However, the defendant hospital argued that this …Read more

Tags: Access to health care, Budget, Children, Health facilities, Health spending, Infant health, Minor, Pediatric health, Public hospitals, Social security
Download Judgment: English

Case 149

Country: Romania
Year: 2007
Court: National Council for Combating Discrimination
Citation: Decision No. 149 of 17 October 2007
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

On August 28, 2009, Mrs. Y, a pregnant woman of Roma ethnic origin, went to Targu Neamt Hospital Obstetrics and Gynaecology Department, a public hospital, for a check-up.  Dr. X performed the check-up and sent her home, telling her there was nothing wrong with her and making certain derogatory statements about gypsies. When Mrs. Y …Read more

Tags: Access to health care, Access to treatment, Clinics, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Maternal health, Miscarriage, Pregnancy, Primary care, Private hospitals, Public hospitals, Termination of pregnancy
Download Judgment: English

Case 350

Country: Romania
Year: 2007
Court: National Council for Combating Discrimination
Citation: Case File Number: 167/2007. Decision No. 350 of 17 October 2007
Health Topics: Health care and health services
Human Rights: Freedom from discrimination
Facts:

The plaintiff, a Romani woman, claimed that she was discriminated against by I.A., an ambulance technician, who supposedly refused to lift the plaintiff into the ambulance because of her ethnic origin. These facts were contested by the ambulance technician, who claims that she was hit by one of the plaintiff’s male family members while trying …Read more

Tags: Access to health care, Access to treatment, Emergency care, Health care professionals, Health care workers
Download Judgment: English

Case 1.182

Country: Romania
Year: 2007
Court: Constitutional Court
Citation: Decision No. 1.182 of 13 December 2007
Health Topics: Health systems and financing
Human Rights: Right to health
Facts:

Governmental Emergency Ordinance 120/2006 (hereinafter referred to as “The Ordinance”) transferred the health units established by local councils of cities with less than 5000 people to the county councils, unless the local councils wished to retain the health units at their own expense. The Iasi County Council objected before the Iasi Tribunal-Commercial and Administrative Appeal …Read more

Tags: Budget, Health expenditures, Health funding, Health regulation, Health spending
Download Judgment: English

Moldovan and Others v. Romania

Country: Romania
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 41138/98 and 64320/01; (2007) 44 EHRR 16
Health Topics: Poverty, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life
Facts:

The applicants were 25 Romanian nationals of Roma origin that faced attacks against their property and persons during a riot and the following few days. By the time of the present case, 18 of the applicants had participated in a friendly settlement and only seven remained as parties to this judgment. In September 1993, a …Read more

Tags: Assault, Degrading treatment, Humiliating treatment, Indigent, Low income, Poor, Underprivileged
Download Judgment: English French Romanian
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