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237 judgments found.
Country:
Belgium Year: 2006
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2006-139f, 14 September 2006
Health Topics:
Health care and health services,
Health information,
Health systems and financing,
Medicines Human Rights: Freedom from discrimination,
Right to due process/fair trial,
Right to property Tags: Access to health care,
Access to treatment,
Budget,
Diagnostics,
Examination,
Health care technology,
Health facilities,
Health records,
Medical records,
Non-disclosure,
Private hospitals,
Public hospitals
Country:
Ukraine Year: 2006
Court: Pecherskyi District Court
Citation: No. 2-A-216-1/06
Health Topics:
Health information,
Health systems and financing Human Rights: Right to privacy Facts: Plaintiff Svitlana Yuriyivna Poberezhets challenged the Order “On Approving the Form and Technical Description of a Medical Certificate and the Instructions for Filling In the Medical Certificate,” which required health care institutions to include information regarding a person’s initial and final medical diagnosis, and their associated medical codes, on a person’s medical certificate. The medical …Read more
Tags: Confidentiality,
Disclosure,
Employment,
Health care professionals,
Health insurance,
Health records,
Health regulation,
Medical records,
Non-disclosure,
Social security
Country:
Hungary Year: 2006
Court: Committee on the Elimination of Discrimination against Women
Citation: Committee on the Elimination of Discrimination against Women, Thirty-sixth session, 7-25 August 2006, Szijjarto v. Hungary
Health Topics:
Health care and health services,
Health information,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to family life Facts: The applicant was a Hungarian Roma woman who claimed that she had been subjected to coerced sterilization by medical staff at a Hungarian hospital. On 30 May 2000, the applicant was examined by a doctor and found to be pregnant with her fourth child, with the delivery date estimated to be 20 December 2000. Meanwhile, …Read more
Country:
United States Year: 2005
Court: 3rd Circuit Court of Appeal
Citation: 428 F.3d 167 (2005)
Health Topics:
Health information,
Health systems and financing Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to privacy Facts: This case concerned a challenge to a rule promulgated by the United States Department of Health and Human Services pursuant to the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The original privacy rule “required covered entities to seek individual consent to use or disclose health information in all …Read more
Tags: Confidentiality,
Disclosure,
Electronic health records,
Health data,
Health information,
Health regulation,
Medical records,
Non-disclosure,
Secrecy
Country:
United States Year: 2005
Court: 9th Circuit Court of Appeal
Citation: 400 F.3d 702 (2005)
Health Topics:
Disabilities,
Health information,
HIV/AIDS,
Infectious diseases Human Rights: Freedom from discrimination Facts: The Appellants, Leonel and others, were persons living with HIV. They applied for and were granted offers for flight attendant positions with American Airlines (American). Upon discovery of their HIV-positive status, American rescinded Appellants’ job offers, citing their failure to disclose information during their medical examinations. The Appellants had originally been given conditional offers of …Read more
Tags: AIDS,
Confidentiality,
Disclosure,
Employment,
Health information,
HIV,
HIV positive,
HIV status,
Medical records,
People living with HIV/AIDS,
PLHIV,
Secrecy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
United States Year: 2005
Court: 10th Circuit Court of Appeal
Citation: 419 F.3d 1097 (2005)
Health Topics:
Health information Human Rights: Right to privacy Facts: The Appellant, Douglas, brought suit claiming that the Respondent, Dobbs, an Assistant District Attorney, violated her constitutional right to privacy by approving a police search of her pharmacy records. The search was initiated after a police sergeant learned from Douglas’ physician that he suspected Douglas was abusing prescription pain medication by forging prescriptions, running through …Read more
Tags: Confidentiality,
Disclosure,
Health data,
Health information,
Medical records,
Non-disclosure,
Secrecy
Country:
United Kingdom Year: 2005
Court:
Citation: Roche v. U.K., App. No. 32555/96, 42 Eur. H.R. Rep. 30 (2006).
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Occupational health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of expression,
Right of access to information,
Right to due process/fair trial,
Right to health,
Right to privacy,
Right to property Facts: Applicant, a United Kingdom national who had served in the British Army, maintains that his health problems, which left him handicapped, were the result of his participation in mustard and nerve gas tests conducted while he served in the British Armed Forces at the Chemical and Biological Defense Establishment (CBDE) at Porton Down Barracks (England) …Read more
Tags: Asthma,
Awareness,
Contamination,
Cruel treatment,
Degrading treatment,
Duty of care,
Inhuman treatment,
Negligence,
Notification,
Pollution,
Respiratory diseases,
Tort,
Torture,
Toxic waste
Country:
Greece Year: 2005
Court: European Committee of Social Rights
Citation: Complaint No.30/2005
Health Topics:
Chronic and noncommunicable diseases,
Environmental health,
Health information,
Occupational health Human Rights: Right to favorable working conditions,
Right to health Facts: The plaintiff alleges that Greece failed to comply with its obligation to protect public health against air pollution of the European Social Charter by allowing the operate of lignite mines and power stations without taking all necessary steps to reduce this impact. The MFHR bases its claim on studies of particulate matter that show that …Read more
Tags: Air pollution,
Asthma,
Awareness,
Environmental degradation,
Health education,
Job safety,
Lung disease,
Occupational accident,
Occupational health and safety,
Pollution,
Safe working conditions,
Workers' compensation
Country:
United States Year: 2005
Court: 10th Circuit Court of Appeal
Citation: 397 F.3d 897 (2005)
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Infectious diseases,
Medical malpractice Facts: Gary and Renna Pehle (“Appellants”), husband and wife, applied for life insurance with the Farm Bureau Life Insurance Company (“Farm Bureau”) in Wyoming in 1999. As part of the application process, the Pehle’s submitted a blood test. The test was contracted to LabOne, an independent company located in Kansas. Both Appellants tested positive for Human …Read more
Tags: AIDS,
Duty of care,
Health records,
HIV,
HIV positive,
HIV status,
Medical records,
Negligence,
Sexually transmitted diseases,
Testing
Country:
Georgia Year: 2005
Court: Supreme Court
Citation: Case No. bs-434-25 (3k-05)
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Health information,
Medicines Human Rights: Right to health,
Right to life Facts: The plaintiffs alleged violations of the statute on the Protection of Consumers’ Rights for the failure of the respondents to develop standards of evaluation regarding imported vaccinations and the failure to notify the public about the risks associated with the imported vaccinations. G. Qobalia was a 12 year-old healthy child. He was vaccinated against Hepatitis …Read more
Tags: Awareness,
Children,
Compensation,
Damages,
Drug quality,
Drug safety,
Health data,
Health education,
Immunization,
Informed choice,
Labeling,
Minor,
Neurological diseases,
Pediatric health,
Tort,
Vaccination,
Vaccines
Country:
Sweden Year: 2005
Court: European Court of Human Rights
Citation: [2005] E.C.H.R. 56529/00
Health Topics:
Child and adolescent health,
Controlled substances,
Health care and health services,
Health information,
HIV/AIDS,
Hospitals,
Infectious diseases,
Mental health,
Public safety,
Sexual and reproductive health Human Rights: Right to liberty and security of person Facts: The Applicant was an HIV-positive man who had sex with men. He had transmitted HIV to another, younger man through a sexual encounter prior to his diagnosis. He was subsequently instructed by the county medical officer, among other things, not to have sexual intercourse without first disclosing to his partner that he was HIV-positive, to …Read more
Tags: Addiction,
AIDS,
Alcohol,
Children,
Clinics,
Compulsory commitment,
Compulsory confinement,
Condoms,
Counseling,
Disclosure,
Gay,
HIV,
HIV positive,
Homosexual,
Involuntary commitment,
Involuntary confinement,
Isolation,
LGBTI,
Mandatory commitment,
Mandatory confinement,
Mental disorder,
Mental illness,
Paranoia,
People living with HIV/AIDS,
PLHIV,
Public hospitals,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Substance abuse,
Transmission
Country:
Belgium Year: 2005
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2005-147, 28 September 2005
Health Topics:
Health care and health services,
Health information Human Rights: Freedom of association Tags: Access to health care,
Access to treatment,
Freedom of information,
Health care professionals,
Health care workers,
Health data,
Health education,
Health promotion
Country:
France Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Appeal No. 97-10267. Cass civ I, 7 October 1998.
Health Topics:
Health information,
Informed consent,
Medical malpractice Human Rights: Right of access to information,
Right to health Facts: Mrs. X was treated for persistent kyphosis (curvature of the spine) by Dr. Y. After her spinal graft operation, she developed a problem with her eye known as cavernous sinus thrombosis. As a result, she lost sight in her left eye. Mrs. X sued Dr. Y for failing to inform her about all of the risks …Read more
Tags: Awareness,
Duty of care,
Informed choice,
Notification,
Patient choice,
Standard of care
Country:
France Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass Civ I, n°94-19685, 25 February 1997
Health Topics:
Health care and health services,
Health information,
Informed consent,
Medical malpractice Human Rights: Right of access to information Facts: After a colonoscopy, a patient suffered from intestinal perforation. The patient sued the doctor for not having provided information on the possible risks of the surgery to him prior to the surgery. The Court of Appeal held that the patient had the burden to prove that the doctor had breached his duty to inform, and …Read more
Tags: Awareness,
Compensation,
Counseling,
Damages,
Diagnostics,
Duty of care,
Freedom of information,
Informed choice,
Notification,
Patient choice,
Secrecy,
Standard of care
Country:
Hungary Year: 2005
Court: Constitutional Court
Health Topics:
Aging,
Health information,
Informed consent,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to family life,
Right to privacy Facts: The case involved two petitions that required the Constitutional Court to examine certain elements that imposed regulations on sterilization. The first petitioner challenged the constitutionality of the Minister of Health Decree 12/1987 (VIII. 19.) EüM on Sterilization (hereinafter “D1”), which imposed certain restrictions (related to age and number of prior blood children) on a person …Read more
Tags: Birth control,
Compulsory sterilization,
Confidentiality,
Contraception,
Contraceptives,
Disclosure,
Family planning,
Forced sterilization,
Health records,
Informed choice,
Involuntary sterilization,
Mandatory sterilization,
Maternal health,
Medical records,
Non-disclosure,
Notification,
Patient choice,
Pregnancy,
Secrecy,
Spousal consent,
Spousal notification,
Sterilization
Country:
Belgium Year: 2005
Court: Constitutional Court of Belgium [Cour constitutionnelle]
Citation: Case 2005-016F, 19 January 2005
Health Topics:
Controlled substances,
Health information Human Rights: Right to privacy Facts: J.V. filed an action in the Belgian Constitutional Court to annul article 40.6, line 2, of the Flemish Parliament’s Act of 1991 on the practice of sport with respect to health imperatives. He stated that the impugned provision that required the publication of details on a government website such as the name, date of birth …Read more
Tags: Confidentiality,
Disclosure,
Drug abuse,
Drug use,
Non-disclosure,
Notification,
People who use drugs,
Performance-enhancing drugs,
Secrecy,
Substance abuse
Country:
Canada Year: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics:
Disabilities,
Health care and health services,
Health information,
Hospitals,
Medicines,
Mental health Human Rights: Right of access to information,
Right to due process/fair trial,
Right to privacy Facts: Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more
Tags: Compensation,
Confidentiality,
Damages,
Depression,
Differently abled,
Disabled,
Disclosure,
Duty of care,
Handicapped,
Health care professionals,
Health care workers,
Health records,
Inadequate treatment,
Inappropriate treatment,
Medical records,
Mental disorder,
Mental illness,
Negligence,
Non-disclosure,
Physically challenged,
Remedies,
Secrecy,
Standard of care,
Tort
Country:
United States Year: 2005
Court: United States Court of Appeals, Second Circuit
Citation: Pelman ex rel. Pelman v. McDonald’s Corp 396 F.3d 508 (2d Cir. 2005)
Health Topics:
Chronic and noncommunicable diseases,
Diet and nutrition,
Health information Human Rights: Right to health Facts: Plaintiffs, Ashley Pelman and Jazlen Bradley, brought suit against defendant, McDonald’s Corporation, for violating Section 349 and 350 of the New York General Business Law, known commonly as the New York Protection Act between 1987 and 2002 on three counts. Count I claimed that the effect of McDonald’s promotions was to create the false impression …Read more
Tags: Advertising,
Awareness,
Cancer,
Diabetes,
Diet,
Disclosure,
Food,
Food safety,
Health promotion,
Heart disease,
Malnutrition,
Noncommunicable diseases,
Obesity
Download Judgment:
Country:
Argentina Year: 2005
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Z. 215. XXXIX.
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Informed consent Human Rights: Freedom of religion,
Right of access to information,
Right to bodily integrity,
Right to health,
Right to life,
Right to privacy,
Right to social security Facts: The plaintiff filed a suit against the National Institute of Social Services for Retiree [Instituto Nacional de Servicios Sociales para Jubilados y Pensionados] and Prestaciones Médico Asistenciales S.A. [PAMI] for the reimbursement of the surgical procedure the plaintiff had to go through in a Hospital that wasn’t designated by the health insurance company. This occurred because …Read more
Tags: Access to healthcare,
Access to treatment,
Freedom of Thought,
Health care professionals,
Health information,
Health insurance,
Informed choice,
Informed consent
Country:
Australia Year: 2004
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 639;[2004] NSWCA 97
Health Topics:
Health information,
HIV/AIDS,
Infectious diseases,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity Facts: The Respondent, PD, was a patient of the Alpha Medical Centre (the Centre) from October 1997 until February 1999. On 16 November 1998, she participated in a joint medical consultation with her husband-to-be, FH. The Appellants, Dr. Harvey and Dr. Chen, were their treating physicians. The couple met with Dr. Harvey for the purpose of …Read more
Tags: AIDS,
Compensation,
Confidentiality,
Damages,
Disclosure,
Duty of care,
Health information,
Hepatitis,
HIV,
HIV positive,
HIV status,
Informed choice,
Negligence,
Non-disclosure,
Patient choice,
People living with HIV/AIDS,
PLHIV,
Remedies,
Secrecy,
Sexually transmitted diseases,
Sexually transmitted infections,
Standard of care,
STDs,
STIs,
Tort,
Transmission
Country:
France Year: 2004
Court: European Court of Human Rights
Citation: Plon (société) v. Fr., App. No. 58148/00, 42 Eur. H.R. Rep. 36 (2006).
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health information Human Rights: Freedom of expression,
Right to privacy Facts: The applicant, a publishing company named Plon, and the authors of a book that contained information about former French President Mitterrand’s secret battle with cancer, entitled “Le Grand Secret,” were stopped through a court injunction by the family of President Mitterrand from distributing the book. On 23 October 1996 the Paris tribunal de grande instance, …Read more
Tags: Cancer,
Confidentiality,
Disclosure,
Health information,
Secrecy
Country:
United States Year: 2004
Court: 7th Circuit Court of Appeal
Citation: 362 F.3d 923 (2004)
Health Topics:
Health information,
Sexual and reproductive health Human Rights: Right to privacy Facts: The Respondent, the Attorney General of the United States, appealed a district court order quashing a subpoena that commanded Northwestern Memorial Hospital (NMH) to produce the medical records of certain patients. The records were to be used in an upcoming suit challenging the constitutionality of the Partial-Birth Abortion Ban Act of 2003. The records contained …Read more
Tags: Abortion,
Abortion technique,
Confidentiality,
Criminalization,
Disclosure,
Electronic health records,
Health data,
Health information,
Medical records,
Non-disclosure,
Partial birth abortion,
Termination of pregnancy
Country:
India Year: 2004
Court: High Court - Rajasthan
Citation: AIR 2005 Raj 82; RLW 2005 (2) Raj 1437
Health Topics:
Environmental health,
Health information,
Health systems and financing,
Infectious diseases,
Poverty,
Public safety,
Water, sanitation and hygiene Human Rights: Right to a clean environment,
Right to food,
Right to health,
Right to life,
Right to water and sanitation Facts: The case was regarding multiple suo moto orders issued by the Rajasthan High Court to the municipal authorities of the city of Jaipur to clean-up, restore and maintain the city which was plagued with trash, open sewage and polluted water bodies. Specific orders were issued to remove and dispose of the plastic and polyethylene bags …Read more
Tags: Awareness,
Clean water,
Cleanliness,
Drinking water,
Environmental degradation,
Environmental hazards,
Garbage,
Health education,
Health expenditures,
Health promotion,
Health spending,
Low income,
Pollution,
Poor,
Potable water,
Safe drinking water,
Sewage,
Trash,
Underprivileged,
Waste,
Waste management,
Water pollution
Country:
India Year: 2004
Court: High Court - Rajasthan
Citation: RLW 2005 (1) Raj 486; 2005 (1) WLC 52
Health Topics:
Chronic and noncommunicable diseases,
Diet and nutrition,
Environmental health,
Health information,
Public safety,
Water, sanitation and hygiene Human Rights: Freedom of expression,
Right of access to information,
Right to life,
Right to water and sanitation Facts: The case concerned a claim that the sale of PepsiCo and Coca-Cola carbonated beverages should be banned on the account that they are contaminated with pesticide residue and suspended impurities and are therefore harmful to human life. The petitioners relied on the report published by the Centre for Science and Environment (“CSE”), which conducted an …Read more
Tags: Awareness,
Cancer,
Clean water,
Disclosure,
Food,
Food poisoning,
Food safety,
Freedom of information,
Pesticide,
Poisoning,
Potable water,
Safe drinking water
Country:
United Kingdom Year: 2004
Court: High Court of Justice, Queen's Bench Division
Citation: [2004] EWHC 644 (QB), [2005] Lloyds Rep Med 1, [2004] 2 FLR 365, [2005] 2 WLR 358, [2004] Fam Law 501, [2005] QB 506, [2004] 3 FCR 324, [2005] Lloyd's Rep Med 1, (2004) 77 BMLR 145
Health Topics:
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medical malpractice,
Mental health,
Sexual and reproductive health Human Rights: Right of access to information,
Right to bodily integrity,
Right to family life Facts: In 1999, it was disclosed that for many years tissue and organs had been taken at or after post-mortems on deceased children, which were retained without the knowledge of the parents. Hospital post-mortem examinations were generally carried out following the death of a person in a hospital, provided, in accordance with the Human Tissue Act …Read more
Tags: Awareness,
Childbirth,
Depression,
Diagnostics,
Disclosure,
Duty of care,
Examination,
Family planning,
Health care professionals,
Health care workers,
Health facilities,
Informed choice,
Mental disorder,
Miscarriage,
Negligence,
Non-disclosure,
Notification,
Parental consent,
Patient choice,
Pregnancy,
Public hospitals,
Testing,
Tort,
Trauma
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