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795 judgments found.
Country:
Lithuania Year: 2018
Court: The European Court of Human Rights
Citation: Application No. 66490/09
Health Topics:
Health care and health services,
Health information,
Hospitals,
Mental health,
Sexual and reproductive health Human Rights: Freedom of religion,
Right to privacy
Facts: The applicant suffered from an acute paranoid reaction disorder. She was taken to the Kaunas Psychiatric Hospital by her parents and at their request in 1992; she continued her treatment at another psychiatric hospital. The applicant had joined a religious sect before her first treatment, and her parents stated that she had become disoriented after …Read more
Tags: Clinics,
Compulsory commitment,
Compulsory testing,
Depression,
Disclosure,
Examination,
Forced treatment,
Health facilities,
Health records,
Informed choice,
Involuntary commitment,
Involuntary treatment,
Mandatory commitment,
Mandatory treatment,
Medical records,
Mental illness,
Mental institution,
Non-disclosure,
Paranoia,
Patient choice,
Private hospitals,
Psychiatry,
Psychology,
Public hospitals,
Secrecy,
Trauma,
Unauthorized treatment
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
Country:
Uganda Year: 2018
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 094 of 2015
Health Topics:
Disabilities,
Health care and health services,
Hospitals,
Mental health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to a clean environment,
Right to health,
Right to liberty and security of person,
Right to privacy,
Right to water and sanitation
Facts: The plaintiff stated that the Butabika Hospital is the only public psychiatric hospital under the Ministry of Health in Uganda. Further it is the only mental referral hospital and cases referred to it by other health facilities are of acute conditions, which require a specialized and skilled management. A part of the procedure in the …Read more
Tags: Bipolar,
Cleanliness,
Compulsory confinement,
Cruel treatment,
Degrading treatment,
Depression,
Humiliating treatment,
Involuntary confinement,
Isolation,
Mandatory confinement,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Paranoia,
Psychiatry,
Psychology,
Psychosis,
Trauma
Country:
India Year: 2018
Court: Supreme Court of India
Citation: Writ Petition (Criminal) No. 76 of 2016
Health Topics:
Health care and health services,
HIV/AIDS,
Mental health,
Sexual and reproductive 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 bodily integrity,
Right to family life,
Right to health,
Right to life,
Right to privacy
Facts: Petitioners, by means of a writ petition, challenged Section 377 of the Indian Penal Code (‘IPC’), which made “carnal intercourse against the order of nature” a criminal offense punishable with life imprisonment. Petitioners argued that homosexuality, bisexuality, and other sexual orientations are equally natural and reflective of expression of choice and individuals should have the …Read more
Tags: Access to health care,
Access to treatment,
AIDS,
Bisexual,
Childbirth,
Condoms,
Depression,
Gay,
Gender identity,
HIV,
Homosexual,
Intersex,
Isolation,
Lesbian,
LGBTI,
People loving with HIV/AIDS,
Queer,
Seclusion,
Sexual orientation,
Sodomy,
Transgender,
Transmission
Country:
Canada Year: 2017
Court: Nova Scotia Court of Appeal
Citation: 2015 NSCA 41
Health Topics:
Health care and health services,
Hospitals Human Rights: Freedom from discrimination,
Right to bodily integrity
Facts: The appellant, Patient X,filed a complaint against a physician, Dr. Y, with the College of Physicians and Surgeons. She alleged that he inappropriately touched her breast and made racially inappropriate comments about her “black” lung capacity as compared to “white” lungs. The Investigation Committee dismissed the appellant’s complaint. The Committee’s written decision stated that there …Read more
Tags: Compensation,
Damages,
Depression,
Duty of care,
Examination,
Health care professionals,
Inappropriate treatment,
Remedies,
Standard of care,
Trauma
Country:
Canada Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 753
Health Topics:
Controlled substances,
Health care and health services,
Informed consent,
Medicines,
Mental health Human Rights: Freedom of movement and residence,
Right to liberty and security of person
Facts: The appellant was a 62 year old female diagnosed with schizophrenia. She had a long-standing history of hospitalization, treatment, release, de-compensation, relapse, and re-admission. When psychotic, the appellant had a history of troubling behaviour, including attempts to divert traffic, throwing objects out of a window, crashing her car and smashing other cars with brooms. The …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Community-based care,
Compulsory treatment,
Harm reduction,
Informed choice,
Mandatory treatment,
Mental disability,
Mental disorder,
Mental illness,
Patient choice,
Pharmaceuticals,
Psychiatry,
Psychosis,
Psychotropic drugs,
Schizophrenia
Country:
Canada Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 712
Health Topics:
Health care and health services,
Informed consent,
Mental health,
Prisons,
Public safety,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to liberty and security of person
Facts: Rodney Nelson sought judicial review of his involuntary admission to a psychiatric hospital under Ontario’s Mental Health Act (“MHA”) and an order for his immediate release due to rights infringements. Nelson had a lengthy history of crimes with many violent offences, including sexual offences against women and children. A psychiatrist completed an application for psychiatric …Read more
Tags: Assault,
Compulsory confinement,
Compulsory treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Diagnostics,
Examination,
Forced treatment,
Health regulation,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Involuntary confinement,
Involuntary treatment,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Mental retardation,
Psychiatry,
Psychosis,
Rape
Country:
South Africa Year: 2017
Court: Constitutional Court of South Africa
Citation: 2017 (12) BCLR 1528 (CC)
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals Human Rights: Right to bodily integrity,
Right to health,
Right to life
Facts: The respondent – DZ in this case gave birth to WZ. Due to prolonged labour, DZ suffered from asphyxation, which led to cerebral palsy. WZ brought an action for damages on behald of DZ on the account of negligence of the hopsital staff. The Medical of the Executive Council (MEC) for health admitted negligence on …Read more
Tags: Access to health care,
Access to treatment,
Childbirth,
Children,
Damages,
Duty of care,
Health facilities,
Inadequate treatment,
Infant,
Infant health,
Maternal health,
Minor,
Negligence,
Neurological diseases,
Pediatric health,
Pregnancy,
Public hospitals,
Remedies,
Standard of care
Country:
Year: 2017
Court: The High Court of South Africa, North West Division
Citation: Case Number 303/16
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Medical malpractice Human Rights: Right to health
Facts: JR in her capacity as the natural guardian of O claimed damages for medical negligence. O was admitted to the hospital as he was suffering from Diarrohea. A drip was inserted on his forehead. The plaintiff noticed some black spots near O’s ear and scalp (gangrenous tissue). The plaintiff alleged that the failure to monitor …Read more
Tags: Access to health care,
Child development,
Compensation,
Damages,
Duty of care,
Health facilities,
Inadequate treatment,
Inappropriate treatment,
Minor,
Negligence,
Neurological diseases,
Public hospitals,
Standard of care
Country:
Portugal Year: 2017
Court: The European Court of Human Rights
Citation: [2017] ECHR 78103/14
Health Topics:
Controlled substances,
Health care and health services,
Hospitals,
Mental health Human Rights: Right to life
Facts: The applicant’s son, A.J., had a history of mental health disorders, and alcohol and substance addiction, and since 1984 had spent several periods in psychiatric hospitals. During the period in September 1999 in which A.J. was hospitalised, the doctor treating A.J. did not permit him to leave the hospital whilst he was being treated. However, …Read more
Tags: Alcohol,
Clinics,
Drug use,
Health facilities,
Mental disorder,
Mental illness,
Psychiatry,
Substance abuse,
Suicide,
Trauma
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
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
Country:
Portugal Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 56080/13
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Hospitals,
Infectious diseases,
Medical malpractice Human Rights: Right to bodily integrity,
Right to health,
Right to life
Facts: The applicant’s husband underwent a surgery to remove nasal polyps. He suffered from severe headaches and went back to the emergency department. The duty doctor prescribed him some tranquilizer stating it was some psychological problem. As the headaches did not subside, a medical team examined him the next day and found that he was suffering …Read more
Tags: Access to health care,
Access to treatment,
Clinics,
Compensation,
Counseling,
Damages,
Diagnostics,
Disclosure,
Duty of care,
Emergency care,
Examination,
Health facilities,
Health records,
Inadequate treatment,
Inappropriate treatment,
Medical records,
Misdiagnosis,
Negligence,
Non-pecuniary damage,
Private hospitals,
Public hospitals,
Remedies,
Standard of care,
Testing
Country:
Italy Year: 2017
Court: The European Court of Human Rights
Citation: ECHR 034 (2017)
Health Topics:
Child and adolescent health,
Health care and health services,
Sexual and reproductive health Human Rights: Right to family life,
Right to privacy
Facts: The applicants are husband (Campanelli) and wife (Paradiso). After unsuccessful attempts at having a child, they registered themselves as prospective adoptive parents and obtained court approval to adopt a foreign child. Due to delays in the adoption, the applicants decided to resort to surrogacy arrangements. A surrogate mother was found in Russia and the applicants …Read more
Tags: Assisted reproductive technology,
Child,
Children,
Clinics,
Health facilities,
In vitro fertilization,
Minor,
Pregnancy,
Private hospitals
Country:
Uganda Year: 2017
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 212 of 2013
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Hospitals,
Sexual and reproductive health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right of access to information,
Right to bodily integrity,
Right to family life,
Right to health
Facts: The 2nd and 3rd plaintiffs are husband and the wife. The 2nd plaintiff delivered two babies in the defendant hospital’s general ward but was discharged with only one baby. The defendants state that one of the babies was stillborn. The 2nd and the 3rd plaintiffs filed a police report for the loss their baby and …Read more
Tags: Awareness,
Caesarean,
Child mortality,
Childbirth,
Children,
Clinics,
Disclosure,
Emergency care,
Freedom of information,
Health care technology,
Health data,
Health facilities,
Infant health,
Infant mortality,
Maternal health,
Medical records,
Minor,
Non-disclosure,
Pediatric health,
Pregnancy,
Private hospitals,
Public hospitals
Country:
Belgium Year: 2017
Court: The European Court of Human Rights
Citation: CASE OF TEKIN AND ARSLAN v. BELGIUM (Application no. 37795/13)
Health Topics:
Health care and health services,
Mental health,
Prisons Human Rights: Right to life
Facts: The applicants were Belgian and Turkish nationals who alleged that their son died in detention in violation of his right to life. The applicants’ son (the deceased) had been detained in the psychiatric wing of the prison two times and was discharged on probation. In 2009, the Criminal Court gave an order of the deceased’s …Read more
Country:
United Kingdom Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 39793/17 Charles GARD and Others against the United Kingdom
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medicines Human Rights: Right to due process/fair trial,
Right to family life,
Right to liberty and security of person,
Right to life
Facts: The second and the third applicants in this case were the parents of the first applicant (CG) who was born healthy in 2016 but encountered severe health problems thereafter, for which he remained hospitalized by the time the case was brought before the European Court of Human Rights (the ECHR). CG suffered from a rare …Read more
Country:
Belize Year: 2016
Court: Supreme Court of Belize
Citation: Claim 668 of 2010
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Infectious diseases,
Mental health,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Freedom of expression,
Right to health,
Right to privacy
Facts: The Claimant, Caleb Orozco, a citizen of Belize was a homosexual male and a health educator. In the Supreme Court of Belize, he challenged the constitutional validity of Section 53 of the Belize Criminal Code to the extent that it criminalized anal sex between two consenting male adults. Section 53 of the Criminal Code stated …Read more
Tags: Access to health care,
Access to treatment,
AIDS,
Assault,
Buggery,
Bullying,
Counselling,
Depression,
Diagnostics,
Gay,
Hazing,
HIV,
HIV positive,
HIV status,
Homosexual,
Lesbian,
LGBTI,
Molestation,
Most-at-risk,
Non-disclosure,
People living with HIV/ AIDS,
PLHIV,
Queer,
Rape,
Secrecy,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual orientation,
Sexual violence,
Sexually transmitted diseases,
Sodomy,
STDs,
STIs,
Transmission,
Trauma
Country:
Year: 2016
Court: Supreme Court of Bermuda
Citation: [2016] SC (Bda) 81 App
Health Topics:
Controlled substances,
Health care and health services Human Rights: Right to due process/fair trial
Facts: These are two separate appeals where both appellants challenged the Magistrates’ Court’s decision on the jurisdiction of Drug Treatment Court (DTC) to deal with alcohol addiction and traffic offenses under Section 68 of the Criminal Code Act 1907. They were heard together because they raised the same legal issues. Both appellants suffered from addiction to …Read more
Tags: Access to treatment,
Addiction,
Alcohol,
Drug abuse,
Drug enforcement,
Drug use,
Law enforcement,
People who use drugs,
Rehabilitation,
Substance abuse
Country:
Czech Republic Year: 2016
Court: The European Court of Human Rights
Citation: Applications nos. 28859/11 and 28473/12
Health Topics:
Health care and health services,
Health systems and financing,
Sexual and reproductive health Human Rights: Right to health,
Right to privacy
Facts: Ms. Šárka Dubská and Ms. Alexandra Krejzová brought an action against the Czech Republic, claiming that Czech legislation violated the right to private life provided by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms by effectively prohibiting health professionals, including midwifes, from assisting in home births. Czech legislation required …Read more
Tags: Access to health care,
Childbirth,
Health regulation,
Maternal health,
Midwifery,
Pregnancy
Country:
United States Year: 2016
Court: United States District Court, D. New Jersey.
Citation: 205 F. Supp. 3d 579 (D. N.J. 2016)
Health Topics:
Disasters and emergencies,
Health care and health services,
Infectious diseases,
Public safety Human Rights: Freedom of movement and residence,
Right to liberty and security of person
Facts: The plaintiff, Kaci Hickox, brought a civil rights action against Governor Christie and state public health officials, alleging that her 80-hour quarantine, upon returning to the United States after caring for Ebola patients in West Africa, violated her rights under the Fourth and Fourteenth Amendments. Prior to the plaintiff’s return to the United States, a …Read more
Tags: Detention,
Humanitarian crisis
Country:
Congo, DRC Year: 2016
Court: United Nations Human Rights Committee
Citation: Communication No. 2465/2014; UN Doc. CCPR/C/118/D/2465/2014
Health Topics:
Health care and health services,
Hospitals,
Prisons,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of association,
Right of access to information,
Right to bodily integrity,
Right to due process/fair trial,
Right to liberty and security of person,
Right to participation
Facts: Eugène Diomi Ndongala Nzo Mambu was a national of the Democratic Republic of the Congo and president of the opposition political party in the State, challenging the legitimacy of an election. He alleged that he was abducted in 2012 and held incommunicado for three months and 13 days while being interrogated about his ties with …Read more
Tags: Abuse,
Access to health care,
Access to medicines,
Access to treatment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Prison conditions
Country:
South Africa Year: 2016
Court: High Court of South Africa, Free State Division, Bloemfontein
Citation: Case No. 131/2013
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity
Facts: The appellant suffered an incomplete miscarriage and was admitted into the Manapo Hospital on the same day. A uterine evacuation was conducted. She alleges that she was discharged despite constant pain and swelling in her abdomen. She was given antibiotics and was instructed to come back for a check-up if she does not feel better. …Read more
Tags: Access to treatment,
Clinics,
Duty of care,
Health facilities,
Negligence,
Patient choice,
Public hospitals,
Remedies,
Standard of care
Country:
South Africa Year: 2016
Court: The Constitutional Court of South Africa
Citation: [2016] ZACC 10
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Right to bodily integrity
Facts: The applicant worked as a cleaner and dislocated his left thumb. He went to Kimberlery Hospital for medical treatment and he was sent home after a plaster of paris case was put on his left hand and forearm and was asked to come after 10 days. He returned to the hospital before the stipulated time …Read more
Tags: Clinics,
Compensation,
Damages,
Duty of care,
Health facilities,
Inadequate treatment,
Negligence,
Patient choice,
Public hospitals,
Remedies,
Standard of care
Country:
South Africa Year: 2016
Court: The High Court of South Africa, Kwazulu- Natal Division
Citation: Case No. 14275/2014
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to health,
Right to life
Facts: The plaintiff instituted an action for medical negligence on behalf of her daughter. She stated that due to the negligence of the hospital staff, her daughter suffers from spastic quadriplegic cerebral palsy, poor cognitive ability, feeding difficulty etc. The plaintiff was admitted and assessed by a midwife who authorised her admission to a ward for …Read more
Tags: Child development,
Childbirth,
Duty of care,
Health facilities,
Inadequate treatment,
Minor,
Negligence,
Neurological diseases,
Public hospitals,
Remedies,
Standard of care
Country:
Brazil Year: 2016
Court: Supreme Federal Court of Brazil
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals,
Prisons,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity
Facts: The writ of Habeas Corpus was brought for the release of the defendants who were arrested for providing illegal abortion services through their clinic with the consent of the women. The Criminal District Court released the defendants but allowed the appeal of the Public Prosecutor for a pre-trial detention. The decision was based on the …Read more
Tags: Abortion,
Access to health care,
Access to treatment,
Birth control,
Childbirth,
Clinics,
Contraception,
Contraceptives,
Custody,
Detainee,
Detention,
Family planning,
Health facilities,
Late-term abortion,
Maternal health,
Pregnancy,
Private hospitals,
Termination of pregnancy,
Therapeutic abortion