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19 judgments found.


CASE OF GÜÇ v. TURKEY

Country: Turkey
Year: 2018
Court: The European Court of Human Rights
Citation: Application no. 15374/11
Health Topics: Child and adolescent health, Mental health, Violence
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

The applicant, a caretaker employed by an education center, had been taken into police custody on suspicion of child molestation. The local prosecutor lodged an indictment against the applicant, charging him with sexual abuse, sexual assault and unlawful detention of a minor. The court, however, ordered the applicant’s acquittal, holding that it was not possible …Read more

Tags: Children, Incompetence, Mental competence, Minor, Molestation, Sexual abuse, Sexual harassment
Download Judgment: English

Erdinç Kurt and Others v. Turkey

Country: Turkey
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 50772/11
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health care and health services, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to due process/fair trial, Right to family life, Right to life
Facts:

The applicants’ daughter suffered from cardiac problems when she was 1 year old and received treatment for it in children’s hospital. The first applicant (father) signed a consent form for a surgery of her daughter. The consent form entailed the risks. A further operation was conducted after obtaining a similar form from the father. After …Read more

Tags: Access to health care, Access to treatment, Children, Compensation, Damages, Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Heart disease, Infant health, Minor, Negligence, Neurological diseases, Non-pecuniary damage, Pediatric health, Public hospitals, Remedies, Standard of care
Download Judgment: English

Alimov v. Turkey

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
Download Judgment: English

Asiye Genç v. Turkey

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
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Senturk v. Turkey

Country: Turkey
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 13423/09
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to life
Facts:

The first applicant’s wife and second applicant’s mother, Menekse Senturk, was 34 weeks pregnant when she began experiencing pain. The first applicant took Mrs. Senturk to the Karsiyaka Public Hospital, the Izmir Public Hospital, the Ataturk Research and Teaching Hospital, and the Ege University Medical Faculty Hospital over the course of the day. Only at …Read more

Tags: Access to health care, Access to treatment, Duty of care, Emergency care, Inadequate treatment, Inappropriate treatment, Maternal mortality, Miscarriage, Negligence, Out-of-pocket expenditures, Patient choice, Pregnancy, Private hospitals, Standard of care
Download Judgment: English

Mehmet Senturk and Bekir Senturk v. Turkey

Country: Turkey
Year: 2013
Court: The European Court of Human Rights
Citation: Application No. 13423/09
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Medicines, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The first applicant took his pregnant wife to the Izmir Pubic Hospital. A midwife examined his wife and the duty gynecologist was not called. As the applicant’s wife was experiencing continuous pain, he took her to another hospital- Atatruk Research and Teaching Hospital. An Assistant Doctor examined her and thereafter referred her to the Urology …Read more

Tags: Access to health care, Access to treatment, Child mortality, Childbirth, Children, Clinics, Diagnostics, Duty of care, Emergency care, Examination, Health expenditures, Health facilities, Health funding, Inadequate treatment, Inappropriate treatment, Maternal health, Maternal mortality, Midwifery, Misdiagnosis, Negligence, Pharmaceuticals, Private hospitals, Public hospitals
Download Judgment: English

Oyal v. Turkey

Country: Turkey
Year: 2010
Court: European Court of Human Rights
Citation: App. No. 4864/05, Eur. Ct. H.R. (unpublished) (2010).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice, Poverty
Human Rights: Right to due process/fair trial, Right to life
Facts:

The primary applicant, the child of the second two applicants, was born prematurely and diagnosed with an “inguinal and umbilical hernia.” The child required a number of blood and plasma transfusions during the first two months of life, and the applicant parents purchased the required blood and plasma quantities from the Turkish Red Cross. Four …Read more

Tags: AIDS, Blood transfusion, Children, Compensation, Damages, Diagnostics, Duty of care, Health care professionals, Health care workers, Health expenditures, Health facilities, Health spending, HIV, HIV positive, HIV status, Indigent, Low income, Minor, Most-at-risk, Negligence, Out-of-pocket expenditures, People living with HIV/AIDS, PLHIV, Poor, Remedies, Standard of care, Subsidies, Testing, Tort, Underprivileged
Download Judgment: English

Okyay and Ors. v. Turkey

Country: Turkey
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 36220/97; (2006) 43 EHRR 37
Health Topics: Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to due process/fair trial
Facts:

Ten Turkish nationals filed suit against the Republic of Turkey alleging violation of their right to a fair hearing under the Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”). Plaintiffs alleged administrative authorities had failed to enforce court orders to shut down three thermal power plants in …Read more

Tags: Air pollution, Air safety, Biosafety, Environmental degradation, Environmental hazards, Industrial waste, Law enforcement, Pollution, Waste, Waste management, Water safety
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Taskin and Ors. v. Turkey

Country: Turkey
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 46117/99; (2006) 42 EHRR 50
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to due process/fair trial, Right to family life, Right to life, Right to privacy
Facts:

The applicants lived in the area near Ovacik where the Normandy Madencilik A.Ş company built a gold mine.  The Ministry of Energy and Natural Resources issued a permit for the mine in 1992 for ten years. The Ministry also authorized the use of cyanide leaching during the gold extraction. Following the Environmental Act, the Ministry …Read more

Tags: Biohazard, Biosafety, Clean water, Contamination, Environmental degradation, Environmental hazards, Industrial waste, Law enforcement, Poisoning, Pollution, Toxic waste, Waste, Waste management, Water pollution
Download Judgment: English French Turkish

Süheyla Aydin v. Turkey

Country: Turkey
Year: 2005
Court: European Court of Human Rights
Citation: App. No. 25660/94, 42 Eur. H.R. Rep. 44 (2006).
Health Topics: Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

Applicant, a Turkish national and her husband, Nacati Aydın were detained by the Turkish police. She suffered degrading treatment whilst her husband was subjected to torture. Her husband was subsequently brought before a judge who ordered his release, however, he never physically came out of the court room and was later found tied up and …Read more

Tags: Degrading treatment, Execution, Inhuman treatment, Torture
Download Judgment: English

Öneryildiz v. Turkey

Country: Turkey
Year: 2004
Court: European Court of Human Rights
Citation: Application No. 48939/99; (2005) 41 EHRR 20; [2004] ECHR 657; 18 BHRC 145, (2005); [2004] Inquest LR 108
Health Topics: Disasters and emergencies, Environmental health, Health information, Poverty, Water, sanitation and hygiene
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life, Right to housing, Right to life
Facts:

A household-rubbish tip, or dump, was created in the Ümraniye district of Istanbul. Illegal dwellings were constructed around the rubbish tip. A report found that the rubbish tip posed health risks and the possibility of explosion. In April 1993 there was a methane explosion which triggered a landslide. Nine of the applicants’ family members were …Read more

Tags: Awareness, Cleanliness, Cleansliness, Contamination, Environmental hazards, Forced displacement, Garbage, Indigent, Law enforcement, Low income, Manmade disaster, Pollution, Poor, Sewage, Trash, Underprivileged, Waste, Waste management
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Y.F. v. Turkey

Country: Turkey
Year: 2003
Court: European Court of Human Rights
Citation: Application No. 24209/94; (2003) 39 EHRR 715; [2003] ECHR 391
Health Topics: Informed consent, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to privacy
Facts:

YF was a Turkish national. On 15 October 1993, he was taken into custody on suspicion of aiding and abetting the Kurdish Workers Party (PKK), an illegal terrorist organization. Two days later, his wife, NF, was also taken into custody. NF was held in custody for four days, during which time she was allegedly kept …Read more

Tags: Abuse, Compulsory examination, Custody, Degrading treatment, Detainee, Detention, Forced examination, Humiliating treatment, Informed choice, Involuntary examination, Law enforcement, Mandatory examination, Patient choice, Police, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Torture, Violence against women
Download Judgment: English French Turkish

Cyprus v. Turkey

Country: Turkey
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 25781/94; (2002) 35 EHRR 30; [2001] ECHR 327
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Freedom of religion, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy, Right to property, Rights to the benefits of culture
Facts:

Cyprus lodged an application against Turkey for alleged violations of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) which occurred during and after the Turkish military operations in Cyprus in 1974 and the subsequent 1983 establishment of the “Turkish Republic of Northern Cyprus” (“TRNC”). Cyprus alleged that Turkey was responsible …Read more

Tags: Access to health care, Cruel treatment, Degrading treatment, Execution, Humiliating treatment, Immigration, Inhuman treatment, Migrants
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Akkoc v. Turkey

Country: Turkey
Year: 2000
Court: European Court of Human Rights
Citation: Akkoc v. Turk., App. No. 22947/93, 34 Eur. H.R. Rep. 51 (2002).
Health Topics: Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

The applicant, a former teacher and former head of the Diyarbakır branch of the Education and Science Workers Union, made comments to a local newspaper about the mistreatment of teachers by government authorities. She was disciplined according to domestic law—an administrative court ultimately overturned this penalty six years later. Following this incident, the applicant received …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Torture
Download Judgment: English Turkish

İlhan v. Turkey

Country: Turkey
Year: 2000
Court: European Court of Human Rights
Citation: Application No. 22277/93
Health Topics: Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant alleged that his brother had been severely beaten by police when they apprehended him at his village and that he was not provided with the necessary medical treatment for his life-threatening injuries. He also complained of discrimination on the basis of his brother’s Kurdish origin. In 1992, the applicant Nasır İlhan and his …Read more

Tags: Assault, Cruel treatment, Inhuman treatment, Law enforcement, Police, Torture
Download Judgment: English

Aydin v. Turkey

Country: Turkey
Year: 1998
Court: European Court of Human Rights
Citation: App. No. 23178/94, 25 Eur. H.R. Rep. 251 (1998).
Health Topics: Child and adolescent health, Hospitals, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The applicant was a 17-year old Turkish national of Kurdish origin girl who lived with her parents in a village in south-east Turkey. Since 1985 serious disturbances had raged in this part of the country between the security forces and the members of a Kurdish separatist party. Turkey claimed that these had resulted in the deaths …Read more

Tags: Armed conflict, Children, Compensation, Cruel treatment, Degrading treatment, Health care professionals, Health care workers, Humiliating treatment, Military, Minor, Pregnancy, Public hospitals, Rape, Sexual assault, Sexual violence, Terrorism, Torture
Download Judgment: English

Kalaç v. Turkey

Country: Turkey
Year: 1997
Court: European Court of Human Rights
Citation: (1997) 27 EHRR 552
Health Topics: Health systems and financing
Human Rights: Freedom of religion, Right to social security
Facts:

Kalac (K), a judge advocate and director of legal affairs for the air force, was a practicing Muslim who was permitted to pray five times a day and to perform his other religious duties, such as keeping the fast of Ramadan and attending Friday prayers at the mosque. He was one of three officers and …Read more

Tags: Health insurance, Military, Social security
Download Judgment: English

Mentes and Others v. Turkey

Country: Turkey
Year: 1997
Court: European Court of Human Rights
Citation: Application No. 23186/94
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person
Facts:

Mentes (M), T1, T2 and U lived in a village in south-east Turkey, the first three in its lower neighbourhood and the fourth in a separate hamlet. Since 1985 serious disturbances had raged in this part of the country between the security forces and the members of a Kurdish separatist party. Turkey claimed that these …Read more

Tags: Armed conflict, Cruel treatment, Degrading treatment, Inhuman treatment, Military, Terrorism
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Aksoy v. Turkey

Country: Turkey
Year: 1996
Court: European Court of Human Rights
Citation: Judgment of the ECtHR, 18 December 1996
Health Topics: Disasters and emergencies, Health care and health services, Medical malpractice, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Aksoy (A) claimed that in November 1992 he was taken into custody by twenty policemen after M (another detainee with them) had allegedly identified him as a member of the PKK which was engaged in a conflict with security forces for Kurdish autonomy. This conflict had resulted in nearly 8,000 deaths and there was a …Read more

Tags: Abuse, Access to health care, Access to treatment, Armed conflict, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Health care professionals, Health care workers, Humiliating treatment, Incarceration, Inhuman treatment, Inmate, Law enforcement, Prison conditions, Torture
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