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807 judgments found.
Country:
United Kingdom Year: 2008
Court: European Court of Human Rights
Citation: Application No. 23800/06; [2008] ECHR 108; (2008) 46 EHRR SE16
Health Topics:
Controlled substances,
Health care and health services,
Health systems and financing,
HIV/AIDS,
Infectious diseases,
Informed consent,
Prisons Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to life,
Right to privacy Facts: The applicant was a United Kingdom national imprisoned at H.M. Prison Whitemoor who complained that the Government’s failure to provide needle exchange programs in prisons violated the rights of prisoners under Article 2 (respect for the right to life), Article 3 (prohibition of torture and inhuman or degrading treatment or punishment), Article 8 (respect for …Read more
Tags: Custody,
Drug use,
Harm reduction,
Health care technology,
Health regulation,
Hepatitis,
HIV,
IDUs,
Imprisonment,
Incarceration,
Informed choice,
Inhuman treatment,
Injecting drug users,
Inmate,
Jail,
Most-at-risk,
People who use drugs,
Prison conditions,
Transmission
Country:
United Kingdom Year: 2008
Court: European Court of Human Rights
Citation: Application No. 26565/05; [2008] ECHR 453
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
HIV/AIDS,
Medicines Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to privacy Facts: The applicant, a Ugandan national, was HIV positive and claimed that if the United Kingdom forced her to return to Uganda then she would not have sufficient access to medical treatment for her condition. She claimed that this result would violate her rights under Articles 3 (prohibiting torture and inhuman or degrading treatment or punishment) …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Asylum,
Cruel treatment,
Degrading treatment,
Essential medicines,
HIV,
HIV positive,
Immigration,
Inhuman treatment,
Migrants,
People living with HIV/AIDS,
Pharmaceuticals,
PLHIV,
Refugees
Country:
Russia Year: 2008
Court: European Court of Human Rights
Citation: Application No. 46468/06; [2009] ECHR 1226
Health Topics:
Disabilities,
Health care and health services,
HIV/AIDS,
Infectious diseases,
Informed consent,
Medicines,
Prisons Human Rights: 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: A, a Russian national, was a former practicing member of the Moscow bar. On 29 March 2006 a Moscow district court authorized the criminal prosecution of A in connection with his alleged participation in the embezzlement of property and shares of several oil companies in the late 1990s. On 5 April 2006 Russian authorities searched …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Blind,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Essential medicines,
First-line treatment,
HIV,
HIV positive,
HIV status,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
Bolivia Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 8/08, Case 11.426
Health Topics:
Controlled substances,
Health care and health services,
Mental health,
Prisons,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: The petitioner sued the Bolivian State (“the State”) for numerous violations regarding her treatment in prison. The present case is deciding whether this petition is admissible before the Inter-American Commission on Human Rights (“the Commission”). There is disagreement between the parties as to the facts. Marcela Alejandra Porco, an Argentine citizen, was detained in the …Read more
Tags: Abuse,
Access to health care,
Access to treatment,
Cocaine,
Counseling,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Diagnostics,
Examination,
Imprisonment,
Isolation,
Jail,
Mental illness,
Mental institution,
Prison conditions,
Psychosis,
Schizophrenia,
Solitary confinement
Country:
Ecuador Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 76/08, Petition 1055-06, October 17, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics:
Child and adolescent health,
Health care and health services,
Mental health,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to due process/fair trial,
Right to liberty and security of person,
Right to life Facts: The Centro de Derechos Reproductivos (Center for Reproductive Rights) and the Centro Ecuatoriano para la Promoción y Acción de la Mujer (Center for the Advancement and Action of Women) (CEPAM-Guayaquil) alleged that the assistant principal at the public school where Paola del Rosario Guzmán Albarracín, age 16, was a student, took advantage of his position …Read more
Tags: Abortion,
Access to treatment,
Child development,
Childbirth,
Children,
Emergency care,
Maternal health,
Minor,
Molestation,
Pregnancy,
Rape,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Suicide,
Termination of pregnancy,
Unsafe abortion,
Violence against women
Country:
United States Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 63/08, Case 12.534
Health Topics:
Chronic and noncommunicable diseases,
Controlled substances,
Health care and health services,
HIV/AIDS,
Infectious diseases,
Medicines,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to health Facts: This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners included the Legal Aid Society and the International Human Rights Clinic at Washington College of Law. Petitioners alleged the United States violated the …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Addiction,
AIDS,
Antiretrovirals,
ARVs,
Cocaine,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Detainee,
Detention,
Drug abuse,
Drug enforcement,
Drug use,
Emergency care,
First-line treatment,
HIV,
HIV positive,
HIV status,
Immigration,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Marijuana,
Migrants,
People living with HIV/AIDS,
Pharmaceuticals,
PLHIV,
Second-line treatment,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Substance abuse,
Torture
Country:
United Kingdom Year: 2008
Court: House of Lords
Citation: [2008] UKHL 52
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Infectious diseases,
Medicines Human Rights: Right to housing,
Right to social security Facts: M was Zimbabwean citizen diagnosed as HIV positive, who was living in the United Kingdom while his appeal of a decision to return him to Zimbabwe was ongoing. Because of his illness, he applied to the local health authority to assess his needs for accommodation. The authority declined to provide accommodation to M. It determined …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
First-line treatment,
HIV,
HIV positive,
HIV status,
Immigration,
Migrants,
People living with HIV/AIDS,
PLHIV,
Second-line treatment,
Sexually transmitted diseases,
Sexually transmitted infections,
Social security,
STDs,
STIs,
Subsidies
Country:
Egypt Year: 2008
Court: State Council, Court of Administrative Justice, First Circuit
Citation: Cases no. 21550/61, 21665/61, 22912/61, 23003/61, 25752/61, and 25857/61
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Right to health,
Right to life,
Right to social security Facts: On March 21, 2007, the Egyptian Prime Minister issued a Decision (“The Decision”), no. 637/2007, establishing the Egyptian Holding Company for Health Care (“The Holding Company”). The Decision transferred the assets of the Public Health Insurance Organization’s (“HIO”) hospitals and clinics to The Holding Company and its affiliates, declaring the assets privately owned by the …Read more
Tags: Access to health care,
Budget,
Clinics,
Health expenditures,
Health facilities,
Health funding,
Health insurance,
Health spending,
Private hospitals,
Public hospitals
Country:
Argentina Year: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 9/9/2008, "Núñez de Zanetti, Mónica c/ Famyl Salud s/ Amparo", (N. 289, L. XLIII)(Arg.)
Health Topics:
Diet and nutrition,
Health care and health services,
Health systems and financing,
Medicines,
Sexual and reproductive health Human Rights: Right to health,
Right to life Facts: Mónica Núñez de Zanetti requested that the prepaid medical care company, Famyl S. A., pay for her parenteral nutrition, a life-saving diet she required as a result of a chronic small bowel resection she suffered. Famyl S.A. contended that it was not responsible for provide the nutritional services because Nuñez’s peritonitis was the result of …Read more
Tags: Abortion,
Access to health care,
Access to treatment,
Food,
Food safety,
Health spending
Country:
Brazil Year: 2008
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Federal Public Prosecutor's Office v. Euclebe Roberto Vessoni, et al., RE 541627/PA, Supremo Tribunal Federal [Federal Supreme Court] (2008).
Health Topics:
Health care and health services,
Health systems and financing,
Occupational health Human Rights: Right to health,
Right to life Facts: The Federal Prosecutor’s Office filed an extraordinary appeal against the decision of the First Region Federal Court, which ruled that crimes against employees amounting to conditions analogous to slavery (crime against the organization of work), exposure to risk of life and health of such workers, the frustration of their labor rights and omission of data …Read more
Tags: Occupational hazards,
Occupational health and safety,
Safe working conditions
Country:
Colombia Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Segunda de Revisión No. 092 abril 14, 2008, M.P.: Manuel José Cepeda Espinosa, Auto 092/08 (Colom.).
Health Topics:
Child and adolescent health,
Disasters and emergencies,
Environmental health,
Health care and health services,
Health systems and financing,
Mental health,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Right to bodily integrity,
Right to due process/fair trial,
Right to education,
Right to health,
Right to liberty and security of person,
Right to life,
Right to property,
Right to work Facts: The Constitutional Court considered the persistence of an unconstitutional state of affairs with regard to forced displacement, which disproportionately affected women in Colombia. The Court originally declared an unconstitutional state of affairs in Ruling T-025 of 2004 and again in Resolution 218 of 2006. More than half the displaced people in Colombia (54 per cent) …Read more
Tags: Armed conflict,
Cruel treatment,
Degrading treatment,
Forced abortion,
Forced displacement,
Humiliating treatment,
Indigenous groups,
Inhuman treatment,
Mental illness,
Pregnancy,
Rape,
Refugees,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Torture,
Violence against women
Country:
Colombia Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Segunda de Revisión julio 31, 2008, M.P.: Manuel José Cepeda Espinoza, Sentencia T-760/08 (Colom.).
Health Topics:
Health care and health services,
Health systems and financing Human Rights: Right to due process/fair trial,
Right to health,
Right to life,
Right to social security Facts: In 1993, Colombia passed Law 100, a broad national healthcare reform act that attempted to improve delivery of health services in Colombia by utilizing public and private insurers (“Health Promoting Entities,” or EPSs) as substitutes to purchase health care for insured patients. To this end, the law established a two-tier system of benefits: (1) a …Read more
Tags: Access to health care,
Access to medicines,
Access to treatment,
Budget,
Health expenditures,
Health funding,
Health regulation,
Health spending,
Out-of-pocket expenditures,
Primary care,
Secondary care,
Social security,
Subsidies,
Testing
Country:
Colombia Year: 2008
Court: Higher Court on Administrative Law, Chamber of Administrative Litigation
Citation: Case File No. 11001-03-24-000-2002-00251-01
Health Topics:
Health care and health services,
Medicines,
Sexual and reproductive health Human Rights: Right to life Facts: A Colombian citizen challenged before the Supreme Administrative Court the constitutionality of an administrative decision that allowed the Asociación Probienestar de la Familia Colombiana PROFAMILIA to import and distribute the emergency contraception pill Postinor 2. The petitioner argued that the drug suppressed life in its initial stages, acting as an abortive and therefore violating the …Read more
Tags: Abortion,
Access to drugs,
Access to health care,
Access to medicines,
Birth control,
Contraception,
Contraceptives,
Family planning,
Pregnancy,
Termination of pregnancy
Country:
Mexico Year: 2008
Court: District Court of the State of Guerrero
Citation: Juzgado del Distrito de Guerrero [JD] [District Court of Guerrero], J.A.IA. 1157/2007-II (Mex.). (Mini Numa Community v. Secretary of Health, et al.)
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Medicines Human Rights: Freedom from discrimination,
Right to health,
Right to life,
Right to social security Facts: Mini Numa is an indigenous rural community located in the state of Guerrero, Mexico, composed of a population of 270 and whose closest medical center is four kilometers/one hour away in Metlatónoc, Guerrero. The regulations for the construction of a medical center in Guerrero required that the community hold at least 2500 to 3000 inhabitants …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Budget,
Clinical testing,
Clinics,
Essential medicines,
Health facilities,
Health funding,
Health regulation,
Health spending
Country:
Uruguay Year: 2008
Court: Civil Appeals Court, 5th District [Tribunal Apelaciones Civil 5ºTº]
Citation: Sentencia Nº16/2008
Health Topics:
Health care and health services,
Health systems and financing,
Medicines Human Rights: Right to health Facts: This case was brought against the Central Unit of State Acquisition of Medication and Related Goods for supplying generic versions of antiretroviral drugs that were allegedly of lower quality than their original versions. The complainants alleged that their constitutional right to health had been violated. The complainants had lost at the trial court level and …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Antiretrovirals,
ARVs,
Drug quality,
Drug safety,
Generic drugs,
Health expenditures,
Health funding,
Health spending
Country:
Bulgaria Year: 2008
Court: Върховен касационен съд (Vǎrhoven kasatsionen sǎd) [Supreme Court of Cassation]
Citation: Decision No. 211 on Case No. 6087/2007
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Medical malpractice,
Medicines Human Rights: Right to health Facts: The Plaintiff, T.D.Z., complained that the Bulgarian Ministry of Health failed to carry out the necessary procurement procedure for Zoladex, a cancer medication, for the period of 1 January 2004 to 1 March 2005. During this period, the plaintiff, a high-risk cancer patient, was essentially deprived of a key part of her treatment. As a …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Cancer,
Compensation,
Damages,
Inadequate treatment,
Non-pecuniary damage
Country:
Bulgaria Year: 2008
Court: Supreme Court of Cassation
Citation: SCC. Decision No. 1160, dated December 16th, 2008 of the Supreme Court of Cassation on civil case No. 3373/2007, 3d Civil Division, Civil College
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals,
Medical malpractice Facts: The appellants sued the defendant hospital for their son’s death; they alleged that their son died three months after his birth due to the hospital’s wrongful acts and omissions in the administration of his treatment. The Appellate Court found that medical malpractice had not been established; the child’s death was neither due to medical malpractice …Read more
Tags: Child mortality,
Children,
Diagnostics,
Emergency care,
Health facilities,
Inadequate treatment,
Inappropriate treatment,
Infant health,
Infant mortality,
Minor,
Negligence,
Pediatric health,
Tort
Country:
Bulgaria Year: 2008
Court: European Court of Human Rights
Citation: Dodov v. Bulg., App. No. 59548/00, 47 Eur. H.R. Rep. 41 (2008).
Health Topics:
Aging,
Health care and health services,
Health systems and financing,
Medical malpractice,
Mental health Human Rights: Right to due process/fair trial,
Right to life Facts: Applicant, Mr. Dodov is a Bulgarian national. His mother, Mrs. Stoyanova, suffered from Alzheimer’s disease and disappeared from a state-owned nursing home and was never found. Efforts by applicant to bring criminal and civil proceedings against the hospital staff for negligence in causing the disappearance of his mother did not yield results. Relying on Article …Read more
Tags: Aged persons,
Compensation,
Damages,
Duty of care,
Elderly,
Inadequate treatment,
Inappropriate treatment,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Negligence,
Neurological diseases,
Nursing home,
Older persons,
Remedies,
Senior citizens,
Standard of care,
Tort
Country:
Colombia Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional[C.C.][Constitutional Court],Sala Novena de Revisión febrero 28, 2008, M.P.: Clara Inés Vargas Hernández, Sentencia T-209/08 (Colom.).
Health Topics:
Health care and health services,
Hospitals,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Right of access to information,
Right to bodily integrity,
Right to health,
Right to liberty and security of person Facts: A girl, aged 13, was a victim of rape and became pregnant as a result. The girl was affiliated with the Coomeva healthcare provider company. However, the company refused to perform a legal abortion claiming conscientious objection on the part of all of its physicians. The company then referred her to the Erasmo Meoz de …Read more
Tags: Abortion,
Health care professionals,
Health care workers,
Maternal health,
Maternal mortality,
Pregnancy,
Rape,
Sexual abuse,
Sexual violence,
Termination of pregnancy,
Therapeutic abortion,
Unsafe abortion,
Violence against women
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
Country:
Georgia Year: 2008
Court: Tbilisi City Court
Citation: Case no. #bs-758-730(k-08)
Health Topics:
Health care and health services,
Health systems and financing Human Rights: Right to health,
Right to life,
Right to social security Facts: The applicant, Iuri Archuadze, suddenly developed a life threatening jaw condition and went to the Tbilisi State Medical Institute where he had an immediate surgical operation, and, following post-surgical complications, was taken to the intensive therapy department. In total, the cost of the treatment was 9263,71 GEL, but the applicant was only reimbursed 205,94 GEL …Read more
Tags: Budget,
Emergency care,
Health funding,
Out-of-pocket expenditures,
Reimbursement,
Social security
Country:
Russia Year: 2008
Court: European Court of Human Rights
Citation: App. No. 35421/05, Eur. Ct. H.R. 122 (2008).
Health Topics:
Health care and health services,
Health information,
Infectious diseases,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: Applicant, a Russian national serving a prison sentence and suffering from tuberculosis and chronic hepatitis C, alleged the state violated his Article 3 rights under the European Convention on Human Rights (ECHR) because he was denied the necessary medical treatment. He also alleged that he was held with inmates suffering from active tuberculosis and hepatitis …Read more
Tags: Access to health care,
Access to treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Health records,
Hepatitis,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Medical records,
Prison conditions,
TB,
Tuberculosis
Country:
Mexico Year: 2008
Court: Suprema Corte de Justicia de la Nación [Supreme Court of Justice of the Nation]
Citation: Acción de Inconstitucionalidad 146/2007 y su acumulada 147/2007
Health Topics:
Child and adolescent health,
Health care and health services,
Informed consent,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to family life,
Right to health,
Right to liberty and security of person,
Right to life Facts: Please note that only portions of the original judgment have been translated into English. This summary is primarily written from those portions. The Federal District legislature approved reforms to the Criminal Code of the Federal District in which it decriminalized and legalized abortion performed during the first 12 weeks of gestation. It also amended the …Read more
Tags: Abortion,
Abortion counseling,
Access to treatment,
Conscientious objection,
Criminalization,
Family planning,
Informed choice,
Late-term abortion,
Maternal mortality,
Midwifery,
Minor,
Parental consent,
Pregnancy,
Spousal consent,
Termination of pregnancy,
Unsafe abortion
Country:
Canada Year: 2008
Court: Ontario Court of Appeal
Citation: 2008 ONCA 697, 92 OR (3d) 401
Health Topics:
Disabilities,
Health care and health services,
Health information,
Hospitals,
Medical malpractice,
Sexual and reproductive health Human Rights: Right of access to information,
Right to bodily integrity Facts: This appeal concerns whether a doctor owes a tort law duty of care to a future child subsequently born of the doctor’s patient. Dr. Ramji prescribed Accutane to Dawn Paxton, mother of the plaintiff, Jamie Paxton, on the understanding that Dawn would not become pregnant while taking the drug. Due to her husband’s failed vasectomy, …Read more
Tags: Birth control,
Child development,
Childbirth,
Children,
Compensation,
Contraception,
Contraceptives,
Counseling,
Damages,
Deaf,
Differently abled,
Disabled,
Disclosure,
Drug safety,
Duty of care,
Fertility,
Handicapped,
Health care professionals,
Health care workers,
Infant health,
Informed choice,
Maternal health,
Negligence,
Non-disclosure,
Patient choice,
Pediatric health,
Pharmaceuticals,
Physically challenged,
Standard of care,
Testing,
Tort
Country:
Ukraine Year: 2008
Court: European Court of Human Rights
Citation: [2012] ECHR 24429/03
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Infectious diseases,
Informed consent,
Medical malpractice Human Rights: Right to bodily integrity,
Right to privacy Facts: The applicant, Sergey Solomakhin, visited Donetsk City Hospital on November 23rd, 1998. There, he was diagnosed with an acute respiratory disease and prescribed out-patient treatment. On his next visit, the hospital conducted a diphtheria vaccine reaction test, and he did not react to the diphtheria antigens. On November 28th, 1998, he was vaccinated against diphtheria. …Read more
Tags: Compensation,
Damages,
Diagnostics,
Drug quality,
Drug safety,
Examination,
Hepatitis,
Inappropriate treatment,
Involuntary treatment,
Noncommunicable diseases,
Patient choice,
Public hospitals,
Respiratory diseases,
Testing,
Unauthorized treatment,
Vaccination,
Vaccines