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346 judgments found.


Case 37/1989

Country: Spain
Year: 1989
Court: Supreme Court
Citation: Spanish Constitutional Court Courtroom 1st, S 15-2-1989, No.37/1989, Spanish Official Bulletin 52/1989, March 2, 1989, rec 235/1989
Health Topics: Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

On November 5 1986, the Court of First Instance and Preliminary Investigations No. 10 of Malaga ordered the search of a medical clinic where criminal actions (specifically, the administration of abortions) were allegedly taking place. In so doing, information regarding the medical history of Ms. Ximena’s (the appellant) was recorded. On November 21, 1986, the …Read more

Tags: Abortion, Clinics, Compulsory examination, Compulsory testing, Confidentiality, Criminalization, Degrading treatment, Disclosure, Forced examination, Health facilities, Health records, Humiliating treatment, Inhuman treatment, Involuntary examination, Involuntary testing, Mandatory examination, Mandatory testing, Medical records, Non-disclosure, Pregnancy, Secrecy, Termination of pregnancy
Download Judgment: English

Vikram v. State of Bihar

Country: India
Year: 1988
Court: Supreme Court
Citation: 1988 AIR 1782; 1988 SCR Supl. (1) 755;1988 SCC Supl. 734; JT 1988 (3) 186; 1988 SCALE (2) 325
Health Topics: Diet and nutrition, Health care and health services, Hospitals, Mental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to housing, Right to life, Right to water and sanitation
Facts:

This writ petition had been filed in the Supreme Court under Article 32 of the Constitution (right to move the Supreme Court for violation of fundamental rights), as a result of a letter outlining the condition of women in a “care home.” It was alleged in the letter that female inmates were made to live …Read more

Tags: Access to health care, Access to treatment, Cleanliness, Diet, Health facilities, Malnutrition, Mental disability, Mental illness, Mental institution, Primary care, Sewage
Download Judgment: English

Rakesh Chandra Narayan v. State of Bihar and Others

Country: India
Year: 1988
Court: Supreme Court
Citation: 1989 AIR 348; 1988 SCR Supl. (3) 306; 1989 SCC Supl. (1) 644; JT 1988 (4) 233; 1988 SCALE (2) 965
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Medicines, Mental health, Water, sanitation and hygiene
Facts:

In 1985 the Petitioners wrote a letter to the Court regarding the deteriorating state of the Ranchi Mansik Arogyashala, a mental hospital (the Hospital) in Bihar. The Court treated it as a public interest litigation under Article 32 of the Constitution. The Court directed the Chief Judicial Magistrate to visit the Hospital and submit a …Read more

Tags: Access to medicines, Access to treatment, Cleanliness, Malnutrition, Mental illness, Mental institution, Pharmaceuticals, Public hospitals, Sewage, Waste management
Download Judgment: English

R. v. Morgentaler

Country: Canada
Year: 1988
Court: Supreme Court
Citation: [1988] 1 S.C.R. 30
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to liberty and security of person, Right to life
Facts:

Section 251(4) of the Criminal Code of Canada (the Code) permitted abortions to be performed only at accredited hospitals and then with approval from the performing hospital’s therapeutic abortion committee. Drs. Morgentaler, Smoling, and Scott had together established an abortion clinic in Toronto to perform abortions not approved by a therapeutic abortion committee.  Following public …Read more

Tags: Abortion, Abortion counseling, Access to treatment, Clinics, Criminalization, Health insurance, Health regulation, Maternal health, Pregnancy, Private hospitals, Public hospitals, Reimbursement, Subsidies, Termination of pregnancy, Therapeutic abortion
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R v. Dyment

Country: Canada
Year: 1988
Court: Supreme Court of Canada
Citation: [1988] 2 SCR 417
Health Topics: Controlled substances, Health care and health services, Health information, Hospitals, Informed consent
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The respondent had an accident and suffered a head laceration. A police officer drove the respondent to the hospital where the doctor collected free-flowing blood for medical purposes from the respondent who was unconscious. He gave the blood to a police officer who did not have a search warrant or patient consent. The patient was …Read more

Tags: Alcohol, Confidentiality, Disclosure, Emergency care, Health care professionals, Health care workers, Health data, Involuntary testing, Law enforcement, Non-consensual testing and treatment, Non-disclosure, Patient choice, Police, Secrecy, Testing
Download Judgment: English

Disabled Peoples International v. United States

Country: United States
Year: 1987
Court: Inter-American Commission on Human Rights
Citation: Application No. 9213; OEA/Ser.L/V/II.71, Doc. 9 rev.1, 184, 22 September 1987
Health Topics: Disabilities, Hospitals, Mental health
Human Rights: Right to health, Right to liberty and security of person, Right to life
Facts:

The Richmond Hill Insane Asylum in Grenada was bombed by military aircraft belonging to the United States in 1983. Petitioners, including Disabled Peoples’ International, presented the names of sixteen persons who were killed and six who were injured and claimed that the deaths and physical injuries of the mental patients were caused by purposeful armed …Read more

Tags: Armed conflict, Mental disability, Mental disorder, Mental illness, Mental institution, Military
Download Judgment: English Spanish

Wideman v. Shallowford Community Hospital

Country: United States
Year: 1987
Court: United States Court of Appeals, Eleventh Circuit
Citation: Wideman v. Shallowford Community Hospital 826 F. 2d 1030 (11th Cir. 1987)
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

Plaintiffs, Toni Wideman and her husband, filed suit under 42 USCA Section 1983 which permits civil action for the deprivation of Constitutional rights, against defendants, DeKalb County, Shallowford Hospital, and three DeKalb County EMS employees in their official capacities, seeking damages for the wrongful death of their child. On April 12, 1984, Toni Wideman, who …Read more

Tags: Access to health care, Access to treatment, Damages, Duty of care, Emergency care, Health care professionals
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Cleburne v. Cleburne Living Center

Country: United States
Year: 1985
Court: Supreme Court
Citation: 473 U.S. 432 (1985)
Health Topics: Disabilities, Hospitals, Mental health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person
Facts:

The Respondents, Cleburne Living Center (CLC) and others, brought suit against the City of Cleburne (the City) and a number of its officials, alleging that a zoning ordinance, and its application, violated the equal protection rights of CLC and its potential residents. CLC intended to lease a building for the operation of a group home …Read more

Tags: Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Private hospitals
Download Judgment: English

Ashingdane v. The United Kingdom

Country: United Kingdom
Year: 1985
Court: The European Court of Human Rights
Citation: CASE OF ASHINGDANE v. THE UNITED KINGDOM
Health Topics: Health care and health services, Hospitals, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant was a British national who had been convicted of dangerous driving and unlawful possession of firearms. Because he suffered from mental illness, the court ordered his detention in a psychiatric hospital with out a time limit for his discharge. The applicant attempted to abscond from the psychiatric hospital twice, as a result of …Read more

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Case 24735

Country: France
Year: 1982
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°24735
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
Facts:

A private care establishment that was denied its request for approval appealed the judgment on the grounds of abuse of power by the social and sanitary action inspector, who was deleted this task by the prefect.

Tags: Access to health care, Clinics, Health facilities, Health regulation, Private hospitals, Public hospitals
Download Judgment: English French

Simopoulos v. Virginia

Country: United States
Year: 1981
Court: Supreme Court
Citation: 462 U.S. 506 (1983)
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The Appellant, an obstetrician gynaecologist, brought suit challenging the constitutionality of a Virginia statute, which required second-trimester abortions to be performed in a licensed hospital. The Appellant instituted these proceedings after he was indicted for unlawfully performing an abortion during the second trimester of a pregnancy outside of a licensed hospital. The Appellant performed an …Read more

Tags: Abortion, Access to treatment, Child development, Children, Clinics, Criminalization, Family planning, Health facilities, Informed choice, Maternal health, Maternal mortality, Minor, Patient choice, Pregnancy, Termination of pregnancy, Unsafe abortion
Download Judgment: English

Ramos v. Lamm

Country: United States
Year: 1980
Court: 10th Circuit Court of Appeal
Citation: 639 F.2d 559 (1980)
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Right of access to information, Right to due process/fair trial, Right to family life, Right to food, Right to health, Right to privacy
Facts:

This case was an appeal by the State of Colorado (“Colorado”) and Colorado prison officials, challenging an order from the Colorado Federal District Court directing the State of Colorado to close the maximum security unit of the Colorado State Penitentiary at Canon City (“Old Max”). Inmate Fidel Ramos filed a complaint alleging that the conditions …Read more

Tags: Access to health care, Access to treatment, Assault, Budget, Cruel and unusual punishment, Cruel treatment, Emergency care, Food, Food safety, Garbage, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health spending, Imprisonment, Inappropriate treatment, Incarceration, Inhuman treatment, Inmate, Jail, Mental disorder, Mental illness, Misdiagnosis, Prison conditions, Psychiatry, Psychology, Sewage, Trash, Waste, Waste management
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Memorial Hospital v. Maricopa County

Country: United States
Year: 1974
Court: Supreme Court
Citation: 415 U.S. 250 (1974)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom from discrimination, Freedom of movement and residence
Facts:

The appellants, Henry Evaro and Memorial Hospital, brought an action against Maricopa County challenging the constitutionality of a provision in an Arizona statute requiring 12 months residence in a county before medical care is provided to an indigent person in non-emergency situations. Evaro, an indigent person, suffered from chronic asthma and bronchial illness. In June …Read more

Tags: Access to health care, Access to treatment, Budget, Health expenditures, Health facilities, Health funding, Health regulation, Health spending, Indigent, Low income, Poor, Private hospitals, Public hospitals, Underprivileged
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Wyatt v. Stickney

Country: United States
Year: 1972
Court: Federal District Court of Alabama
Citation: 325 F.Supp. 781 (1971)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Mental health
Human Rights: Right to health
Facts:

Plaintiffs, the guardians of patients confined at Bryce Hospital, Alabama (the Hospital) and certain employees of the Alabama Mental Health Board assigned to the Hospital, requested an order of reference for an authoritative determination of standards of the adequacy of the current and future mental treatment employed by the Hospital in effecting the right to …Read more

Tags: Access to health care, Access to treatment, Budget, Health expenditures, Health funding, Health spending, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Primary care, Psychiatry, Psychology, Public hospitals
Download Judgment: English

Tunkl v. Regents of the University of California

Country: United States
Year: 1963
Court: Supreme Court of California, In Bank
Citation: Tunkl v. Regents of the University of California 383 P.2d 441 (Cal. 1963)
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

Hugo Tunkl filed suit to recover damages for personal injuries alleged to have resulted from the negligence of two physicians at the University of California Los Angeles Medical Center, a non profit charitable institution. Tunkl died after suit was brought, and his wife was substituted as plaintiff. Tunkl was admitted to the UCLA Medical Center …Read more

Tags: Access to health care, Access to treatment, Duty of care, Negligence, Public hospitals, Tort
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Wilmington General Hospital v. Manlove

Country: United States
Year: 1961
Court: Supreme Court of Delaware
Citation: Wilmington General Hospital v. Manlove 174 A. 2d 135 (Del. 1961)
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Medicines
Human Rights: Right to health
Facts:

Plaintiff, Darius M. Manlove, as administrator, brought suit against defendant, Wilmington General Hospital, a private hospital, to recover damages for the wrongful death of his infant, Darien E. Manlove, who was refused treatment at the emergency ward of the hospital.  On January 4, 1959, four month old Darien E. Manlove developed diarrhea and a fever. …Read more

Tags: Access to health care, Access to treatment, Damages, Duty of care, Emergency care, Health care professionals, Infant health, Private hospitals
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