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807 judgments found.
Country:
Grenada Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Paul Lallion, Report No. 55/02, Case 11.756, IACHR, Doc. 5 rev. 1 at 551, 21 October 2002
Health Topics:
Diet and nutrition,
Health care and health services,
Poverty,
Prisons Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to liberty and security of person,
Right to life Facts: Paul Lallion appealed to the Inter-American Commission on Human Rights alleging that his death penalty sentencing and appeal process, as well as the prison conditions he was subjected to during this process, violated Articles 4 (right to life), 5 (right to humane treatment), 7 (right to personal liberty), 8 (right to a fair trial), and …Read more
Tags: Abuse,
Access to health care,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Detainee,
Detention,
Diet,
Execution,
Imprisonment,
Incarceration,
Indigent,
Inhuman treatment,
Inmate,
Jail,
Law enforcement,
Police,
Poor,
Prison conditions,
Solitary confinement
Country:
United Kingdom Year: 2002
Court: Immigration Appeal Tribunal
Citation: [2002] UKIAT 04459
Health Topics:
Health care and health services,
Mental health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: Haja Mansaray, a Sierra Leone national, appealed a decision to refuse her asylum. She alleged that her removal would be contrary to the Refugee Convention and in violation of article 3 (inhuman or degrading treatment) of the European Convention on Human Rights (ECHR), because she would be unable to access the mental health care she …Read more
Tags: Access to health care,
Access to treatment,
Asylum,
Depression,
Immigration,
Migrants,
Rape,
Refugees,
Sexual violence,
Violence against women
Country:
Bolivia Year: 2002
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Prisons,
Violence Human Rights: Right to health,
Right to life Facts: A constitutional amparo (writ of injunctive relief) petition was filed by Marco Marino Diodato del Gallo against the Governor of the Center for Rehabilitation “Santa Cruz” (the “Prison Governor”), alleging infringement of the claimant’s rights to life and health and safety. On March 12, 2001, the claimant suffered a triple heart attack caused by the …Read more
Tags: Abuse,
Access to health care,
Assault,
Custody,
Heart disease,
Imprisonment,
Incarceration,
Inmate,
Jail,
Noncommunicable diseases,
Prison conditions
Country:
Paraguay Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Yakye Axa Indigenous Cmty. of the Enxet-Lengua People v. Para., Case 12.313, Inter-Am. Comm’n H.R., Report No. 2/02, OEA/Ser.L./V/II.117, doc. 1 rev. 1 (2003).
Health Topics:
Child and adolescent health,
Diet and nutrition,
Health care and health services,
Water, sanitation and hygiene Human Rights: Right to due process/fair trial,
Right to property Facts: This case was heard by the Inter-American Court of Human Rights. Their opinion is available here. Leaders of the Yakye Axa indigenous community of the Enxet-Lengua people filed suit against the Republic of Paraguay claiming that the Paraguayan State violated Articles 4 (right to life) and 25 (judicial protection), in conjunction with Article 1(1) (obligation …Read more
Tags: Access to health care,
Access to treatment,
Aged persons,
Child development,
Children,
Clean water,
Diet,
Drinking water,
Elderly,
Food shortages,
Hunger,
Indigenous groups,
Indigenous medicine,
Indigent,
Low income,
Malnutrition,
Minor,
Older persons,
Pediatric health,
Poor,
Potable water,
Primary care,
Safe drinking water,
Senior citizens,
Starvation,
Stunting,
Underprivileged
Country:
Belgium Year: 2002
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C.C., n°2002-034f, 13 February 2002
Health Topics:
Disabilities,
Health care and health services,
Health systems and financing Human Rights: Freedom from discrimination Tags: Access to health care,
Access to treatment,
Disabled,
Handicapped,
Physically challenged,
Reimbursement,
Social security
Country:
Italy Year: 2002
Court: European Court of Human Rights
Citation: App. No. 50490/99, Eur. Ct. H.R. 846 (2002).
Health Topics:
Health care and health services,
Mental health,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life,
Right to life,
Right to privacy Facts: The applicant, an Italian national, claimed violations under Articles 2 (right to life), 8 (respect for private and family life) and 12 (right to marry and family) of the European Convention on Human Rights (the Convention) after his wife obtained a legal abortion without his consent. Prior to bringing an action in the European Court of …Read more
Tags: Abortion,
Access to health care,
Access to treatment,
Childbirth,
Family planning,
Pregnancy,
Spousal consent,
Spousal notification,
Termination of pregnancy
Country:
United Kingdom Year: 2002
Court: European Court of Human Rights
Citation: App. No. 28957/95, 35 Eur. H.R. Rep. 18 (2002).
Health Topics:
Health care and health services,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to family life,
Right to privacy Facts: The applicant, a United Kingdom citizen had always enjoyed dressing as a woman since her young age and had the impression that her body did not fit her mind. Thus she started treatment with a psychiatrist and underwent gender re-assignment surgery. After the procedure, she experienced problems at work such as harassment allegedly because of …Read more
Tags: Gender identity,
Gender identity disorder,
Gender reassignment,
LGBTI,
Queer,
Sex reassignment,
Sexual orientation,
Transgender,
Transsexual
Country:
Russia Year: 2002
Court: European Court of Human Rights
Citation: App. No. 47095/99, 36 Eur. H.R. Rep. 34 (2003).
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Infectious diseases,
Prisons,
Tobacco,
Water, sanitation and hygiene 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: Applicant, Russian national and President of the Northeast Commercial Bank, was accused of embezzlement and placed in detention. According to the applicant, he was detained in overcrowded and unsanitary cells, which occasionally contained inmates suffering from tuberculosis and syphilis. Moreover, the cells had inadequate toilet facilities, insufficient ventilation, and pest infestations. As a result the …Read more
Tags: Access to health care,
Access to treatment,
Cleanliness,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Passive smoking,
Prison conditions,
Second-hand smoke,
Smoking,
Torture,
Tuberculosis
Country:
United Kingdom Year: 2002
Court: European Court of Human Rights
Citation: App. No. 2346/02, 35 Eur. H.R. Rep. 1 (2002).
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of religion,
Right to bodily integrity,
Right to life,
Right to privacy Facts: Applicant, a U.K. national, alleged that English law violated her rights under Articles 2 (right to life), 3 (freedom from torture or to inhuman or degrading treatment or punishment), 8 (right to respect for his private and family life) and 9 (right to freedom of thought, conscience and religion) of the European Convention on Human …Read more
Tags: Cruel treatment,
Degrading treatment,
Inhuman treatment,
Neurological diseases,
Noncommunicable diseases,
Torture
Country:
Ukraine Year: 2002
Court: Constitutional Court
Citation: Case No. 1-13/2002, Ukraine (Constitutional Ct. 2002)
Health Topics:
Health care and health services,
Health systems and financing Human Rights: Right to health,
Right to social security Facts: The People’s Deputies of Ukraine requested the Constitutional Court to issue an official interpretation of Article 49 paragraph 3 of the Constitution of Ukraine which states “in state and communal health protection, institutions medical care is provided free of charge.” Article 93 paragraph 1 of the Law of Ukraine empowers the People’ Deputies to bring …Read more
Tags: Access to health care,
Budget,
Health expenditures,
Health funding,
Health insurance,
Health spending,
Out-of-pocket expenditures,
Reimbursement,
Social security,
Subsidies
Country:
Argentina Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: O. 59. XXXVIII
Health Topics:
Chronic and noncommunicable diseases,
Disabilities,
Health care and health services,
Medicines,
Poverty Human Rights: Right to health Facts: A 55-year-old woman suffering from multiple sclerosis brought case against the Government of Argentina and the Province of Buenos Aires for acts and omissions that prevented the provision of the medications necessary for her condition that she could not afford. The petitioner’s illness did not fall within the provincial government’s jurisdiction for coverage. Therefore, the …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Blind,
Disabilities,
Handicapped,
Low income,
Neurological diseases,
Poor,
Underprivileged
Country:
Argentina Year: 2002
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], 12/3/2002, "Ramos, Marta Roxana y otros c/ Buenos Aires, Provincia de y Otros s/Amparo," (R. 1012. XXXVI) (Arg.).
Health Topics:
Child and adolescent health,
Diet and nutrition,
Health care and health services,
Health systems and financing,
Hospitals,
Poverty Human Rights: Right to development,
Right to education,
Right to food,
Right to health,
Right to housing,
Right to social security Facts: Woman living in extreme poverty brought an action against the Ministry of Social Development and Environment of the Nation, the Province of Buenos Aires, and Hospital of Pediatrics Profesor Juan P. Garrahan on behalf of her eight children and herself, seeking, among others, the protection of their rights to food, health, education, and housing; the …Read more
Tags: Access to health care,
Access to treatment,
Children,
Clinics,
Emergency care,
Health funding,
Health insurance,
Minor,
Out-of-pocket expenditures,
Pediatric health,
Public hospitals,
Reimbursement,
Social security,
Subsidies
Country:
El Salvador Year: 2002
Court: Supreme Court
Citation: No. 538-2000
Health Topics:
Health care and health services,
HIV/AIDS,
Medicines Human Rights: Right to health,
Right to life Tags: Access to drugs,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
HIV,
HIV positive
Country:
South Africa Year: 2002
Court: Labour Court of South Africa
Citation: Case No: J 158/02; [2002] ZALC 7
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Hospitals,
Infectious diseases,
Informed consent,
Occupational health Human Rights: Freedom from discrimination Facts: The Applicant, Joy Mining Machinery, was a manufacturer, supplier and service provider of mining machinery. The Applicant had attempted to determine the extent of HIV prevalence at its workplace by commissioning a study of HIV prevalence based on the demographic groups at the workplace. As this was ultimately unhelpful, the Applicant wished to determine the …Read more
Tags: AIDS,
Awareness,
Clinics,
Confidentiality,
Counseling,
Health care workers,
Health education,
HIV,
HIV status,
Informed choice,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Testing
Country:
Fiji Year: 2002
Court: High Court
Citation: Criminal Appeal No. HAA 0083 of 2001
Health Topics:
Child and adolescent health,
Health care and health services,
Mental health,
Prisons,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial Facts: N, a cane cutter, was arrested on charges of having unlawful sexual intercourse with his six year old daughter contrary to s 175 of the Penal Code. Within two hours he was presented before the court and cautioned. The magistrate asked N whether he wished to consult his lawyer, but he declined. At trial he …Read more
Tags: Child development,
Children,
Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Examination,
Humiliating treatment,
Incompetence,
Inhuman treatment,
Mental competence,
Minor,
Pediatric health,
Psychiatry,
Psychology,
Rape,
Sexual abuse,
Sexual assault
Country:
El Salvador Year: 2002
Court: Constitutional Chamber of the Supreme Court of Justice [Sala de lo Constitucional de la Corte Suprema de Justicia]
Citation: Acción de Amparo, Case No. 46-2002, 11 de septiembre de 2002.
Health Topics:
Health care and health services,
HIV/AIDS,
Medicines Human Rights: Right to health,
Right to life Facts: This case involved an HIV-positive plaintiff who claimed that the Ministry of Public Health and Social Assistance denied him an associated antiretroviral therapy. The plaintiff filed an action for the protection of his fundamental human rights, claiming that the Ministry had violated his right to health and life, under articles 2 and 65 of the …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
AIDS,
Antiretroviral,
ARVs,
Essential medicines,
HIV,
HIV positive,
People living with HIV/AIDS,
PLHIV
Country:
Argentina Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 952. XXXVIII.
Health Topics:
Child and adolescent health,
Disabilities,
Health care and health services Human Rights: Right to health,
Right to social security Facts: The plaintiffs filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance of the Province of Buenos Aires (IOMA), and subsequently, the Province of Buenos Aires and the National State to provide health coverage for their underage son who was disabled. The plaintiffs argued that as the health insurance company …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Children,
Disabilities,
Disabled,
Health insurance,
Right to Health,
Right to Life,
Social security
Country:
India Year: 2001
Court: High Court - Delhi
Citation: MANU/DE/0868/2001
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Right to health,
Right to life Facts: Lt. Col. B.S. Dhanda, the Petitioner, was an army official who was advised to undergo angiography and other specialized treatment at Escorts Hospital. The medial expenses incurred during this period were cleared by the Army Hospital. On submitting the bills for reimbursement, only a part of the claim was reimbursed. The Petitioner unsuccessfully filed a …Read more
Tags: Access to treatment,
Heart disease,
Military,
Private hospitals,
Reimbursement,
Secondary care,
Tertiary care
Country:
India Year: 2001
Court: High Court - Patna
Citation: 2001 (49) BLJR 1543; (2001) IILLJ 1333 Pat
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Right to health,
Right to life Facts: Veena Sharma, the Petitioner, submitted medical bills incurred during her late husband’s hospitalization. After contracting a disease, her late husband was admitted to a hospital. After being discharged, his condition deteriorated. On the recommendation of the State of India, the Respondent, and the Bank’s doctor, he was admitted in a different private hospital. Upon submitting …Read more
Tags: Access to treatment,
Private hospitals,
Public hospitals,
Reimbursement,
Secondary care,
Tertiary care
Country:
India Year: 2001
Court: High Court - Andhra Pradesh
Citation: 2002 ACJ 32; AIR 2001 AP 502; 201 (5) ALD 522; 2001 (5) ALT 154; 2001 (2) APLJ 450
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Hospitals,
Infectious diseases,
Medical malpractice,
Medicines Human Rights: Right to health,
Right to life Facts: The Petitioner was the wife of a Pump Operator working for the Respondent, Singareni Colleries Co. Ltd. The Petitioner underwent a family planning operation at the Singareni Maternity Hospital (the Hospital) after which she suffered from abdominal pains. Her pains led to a diagnosis of Chronic Cervicitis for which she had to undergo a hysterectomy. …Read more
Tags: Access to medicines,
Blood transfusion,
Examination,
Injecting drug users,
Negligence,
Reimbursement,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Testing
Country:
South Africa Year: 2001
Court: High Court - Transvaal Provincial Division
Citation: 2002(4) BCLR 356 (T)
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
HIV/AIDS,
Hospitals,
Infectious diseases,
Medicines,
Sexual and reproductive health Human Rights: Right to health,
Right to life Facts: Applicants sought an order that the respondents (the Minister of Health and the members of the executive council for health) make Nevirapine available to pregnant women with HIV who give birth in public health institutions and “produce and implement an effective national program to prevent or reduce mother to child transmission (MTCT) of HIV, including …Read more
Tags: Access to medicines,
Access to treatment,
Antiretrovirals,
ARVs,
Child development,
Child mortality,
Children,
Counseling,
HIV positive,
Infant health,
Infant mortality,
Maternal health,
Minor,
Public hospitals,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Testing
Country:
United States Year: 2001
Court: Supreme Court
Citation: 532 U.S. 483 (2001)
Health Topics:
Controlled substances,
Health care and health services,
Medicines Facts: The Respondent, Oakland Cannabis Buyers’ Cooperative (Cooperative), was a not-for-profit medical cannabis dispensary established after California voters enacted a measure that created “an exception to California laws” that prohibited “the possession and cultivation of marijuana.” The Cooperative had a physician as its medical director, registered nurses as staff during business hours, and dispensed marijuana to …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Drug abuse,
Marijuana,
Secondary care,
Substance abuse,
Tertiary care
Country:
Nigeria Year: 2001
Court: Supreme Court
Citation: (2002) AHRLR 159 (NgSC 2001); [2001] WRN 1
Health Topics:
Health care and health services,
Informed consent,
Medical malpractice Human Rights: Freedom of expression,
Freedom of religion,
Right to bodily integrity,
Right to privacy Facts: The Medical and Dental Practitioners Disciplinary Tribunal (“the Tribunal”) brought charges to determine whether a practitioner is guilty of punishable “infamous conduct” when in deference to a patient’s religious views which he failed to provide live-saving blood transfusions, refer the patient to another practitioner, or terminate his medical contract. The patient, Martha Okorie, and her …Read more
Tags: Duty of care,
Health care professionals,
Health care workers,
Informed choice,
Negligence,
Non-consensual testing and treatment,
Patient choice,
Standard of care
Country:
Netherlands Year: 2001
Court: European Court of Justice
Citation: C-157/99
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing Human Rights: Freedom of movement and residence,
Right to social security Facts: In the Netherlands, the sickness insurance scheme was based principally on the Law on Sickness Funds (the “ZFW”), the Law on General Insurance for Special Sickness Costs and the Law on Access to Sickness Insurance. Such insurance scheme required prior authorization for treatment which was not carried out by a contracted provider; almost all contracted …Read more
Tags: Access to health care,
Access to treatment,
Diagnostics,
Emergency care,
Examination,
Health insurance,
Health regulation,
Neurological diseases,
Reimbursement
Country:
Netherlands Year: 2001
Court: European Court of Human Rights
Citation: Application No. 13669/03
Health Topics:
Health care and health services,
HIV/AIDS,
Infectious diseases,
Medicines,
Poverty Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health Facts: The applicant was a Columbian national residing in the Netherlands. He complained that his expulsion to Columbia would violate Article 3 of the European Convention on Human Rights (the “Convention”) which prohibits torture and inhuman or degrading punishment, as he would be unable to continue treatment for his HIV and Hepatitis B and would therefore …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,
First-line treatment,
Hepatitis,
HIV,
HIV positive,
Immigration,
Indigent,
Inhuman treatment,
Low income,
Migrants,
People living with HIV/AIDS,
Pharmaceuticals,
PLHIV,
Poor,
Refugees,
Second-line treatment
Country:
United Kingdom Year: 2001
Court: House of Lords
Citation: [2001] UKHL 61; [2002] 1 All ER 1
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to life,
Right to privacy Facts: The applicant, a U.K. national, alleged that section 2(1) of the Suicide Act 1961, which contained an offence of aiding and abetting suicide under English law, violated her rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention), in particular Articles 2 (right to life), 3 (freedom from torture …Read more
Tags: Cruel treatment,
Degrading treatment,
Inhuman treatment,
Neurological diseases,
Noncommunicable diseases,
Suicide,
Torture