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91 judgments found.


X v. Germany

Country: Germany
Year: 2018
Court: The European Court of Human Rights
Citation: App. No. 54646/17
Health Topics: Prisons, Public safety
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence
Facts:

The applicant, a Russian national, arrived in Germany in 2002. In 2002 and 2011, the competent domestic authorities denied the applicant’s asylum requests. In 2012, the applicant was granted a residence permit, which was later prolonged until March 2018. In 2014, the Federal Office for the Protection of the Constitution investigated the applicant due to …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detention, Execution, Forced disappearance, Inhuman treatment, Terrorism, Torture
Download Judgment: English

E.S. v. Austria

Country: Austria
Year: 2018
Court: European Court of Human Rights
Citation: Application no. 38450/12
Health Topics: Public safety
Human Rights: Freedom of expression, Freedom of religion
Facts:

In Austria, a woman was convicted after leading several seminars entitled “Basic Information on Islam” at the right-wing Freedom Party Education Institute, beginning in January 2008.  These seminars were publicly advertised on the Freedom Party’s website, and the leaders of the Freedom Party distributed leaflets specifically aimed to encourage young voters to attend.  An undercover …Read more

Tags: Community-based care, Criminalization, freedom of religion, Law enforcement, Threat of violence
Download Judgment: English

Nelson v. Livermore

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
Download Judgment: English

Hickox v. Christie

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
Download Judgment: English

Otgon v. Republic of Moldova

Country: Moldova
Year: 2016
Court: The European Court of Human Rights
Citation: ECHR 343 (2016)
Health Topics: Infectious diseases, Public safety, Water, sanitation and hygiene
Human Rights: Right to water and sanitation
Facts:

The applicant and his daughter were admitted to the hospital as they suffered from serious dysentery after drinking tap water. She ensued action against the State-owned utilities provided. The District Court ruled in her favor. The Higher Courts confirmed the findings of the first instance but reduced the award by more than half of the …Read more

Tags: Clean water, Cleanliness, Drinking water, Dysentery, Potable water, Safe drinking water, Water safety, Water-borne disease
Download Judgment: English

Daniel Ng’etich v. Attorney General

Country: Kenya
Year: 2016
Court: High Court of Kenya, Constitutional and Human Rights Division
Citation: Petition No. 329 of 2014 [2016] eKLR
Health Topics: Health care and health services, Hospitals, Infectious diseases, Prisons, Public safety
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to liberty and security of person
Facts:

The Public Health Officer in the Nandi Central District arrested the petitioners- Daniel Ng’etich and Patrick Kipng’etich Kirui stating that they had failed to take the prescribed TB Medications. Under Section 27 of the Public Health Act, a magistrate could order the isolation and detention of a person who has been exposed to an infection. …Read more

Tags: Access to health care, Access to treatment, Clinics, Custody, Detainee, Detention, Health facilities, Imprisonment, Prison conditions, Private hospitals, Public hospitals, Safety regulation, TB, Tuberculosis
Download Judgment: English

AIDS Law Project v. Attorney General, et al.

Country: Kenya
Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 97 of 2010
Health Topics: Child and adolescent health, Health information, HIV/AIDS, Infectious diseases, Poverty, Public safety, Violence
Human Rights: Freedom from discrimination, Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

The Petitioner, AIDS Law Project, brought suit against the Government of Kenya, arguing that Section 24 of the HIV and AIDS Prevention and Control Act, No. 14 of 2006 (the Act) was unconstitutional. The Petitioner argued that Section 24 of the Act was vague and overbroad, and therefore unconstitutional. Section 24 imposed criminal sanctions upon …Read more

Download Judgment: English

Porta, Pedro Juán v. Provincia de Buenos Aires

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 891 XXXIX
Health Topics: Medicines, Public safety
Human Rights: Right to property
Facts:

The plaintiff brought the case to the Supreme Court of Justice by original jurisdiction to initiate a declarative action (an preventive action to request the cessation of a state of uncertainty that cause a harm and there is no legal alternative way to end that situation) against the Province of Buenos Aires to declare the …Read more

Tags: Health regulation, Medicines, Public safety
Download Judgment: Spanish

Logística La Serenísima S.A. et al. v. Provincia de Mendoza

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: L 238 XLVI
Health Topics: Public safety, Water, sanitation and hygiene
Human Rights: Right to property, Right to work
Facts:

The plaintiffs, Logística La Serenísima S.A, Danone Argentina S.A., Mastellone Hermanos S.A. and Mastellone San Luis brought the case to the Supreme Court of Justice by original jurisdiction to initiate a declarative action (an preventive action to request the cessation of a state of uncertainty that cause a harm and there is no legal alternative way …Read more

Tags: Health regulation, Public safety, Right to Property, sanitation and hygiene
Download Judgment: Spanish

Levan Asatiani, et al. v. Minister of Labour, Health and Social Affairs

Country: Georgia
Year: 2014
Court: Constitutional Court [საქართველოს საკონსტიტუციო სასამართლო]
Citation: Case #2/1/536
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Public safety
Human Rights: Freedom from discrimination
Facts:

The Minister of Labour, Health and Social Affairs of Georgia issued orders by which “homosexuals” were prohibited from donating blood or its components. The plaintiffs self-identified as homosexuals and, accordingly were impacted by the order. The plaintiffs alleged that the regulations of the Minister of Labour, Health and Social Affairs of Georgia were in contradiction …Read more

Tags: AIDS, Blood transfusion, Hepatitis, HIV, Sexually transmitted diseases, Sexually transmitted infections, Smallpox, STDs, STIs, Testing, Transmission
Download Judgment: English Georgian

C., M. E. et al. v. Estado Nacional – INCUCAI

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 526. XLVII.
Health Topics: Public safety
Human Rights: Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to property
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State [INCUCAI] that challenged the INCUCAI resolution that prohibits the autologous use of the hematopoietic stem cell originated in placental blood and umbilical cord obtained from the birth of their children. The co-plaintiff, Matercell S.A., a private cell bank where the mother …Read more

Tags: Access to treatment, Health regulation, Maternal health, Patient choice
Download Judgment: Spanish

O. S. Pers. de la Construcción v. Estado Nacional – Ministerio de Salud

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: CSJ 44/2010(46-0) /CS1
Health Topics: Health care and health services, Health systems and financing, Hospitals, Occupational health, Public safety
Human Rights: Right to health, Right to life, Right to social security
Facts:

The plaintiff, the Health Insurance of the Construction Workers [Obra Social del Personal de la Construcción – OSPECON], filed suit against the National State, Ministry of Health and Social Action and Superintendent of Health Services to liquidate and transfer the corresponding funds from the Fondo Solidario de Distribución [Solidary Distribution Fund] created in law 23.661 to …Read more

Tags: Access to health care, Budget, Health funding, Health regulation, Health spending, Social security, Unemployment
Download Judgment: Spanish

Thompson, et al. v. Ontario

Country: Canada
Year: 2013
Court: Ontario Superior Court of Justice
Citation: 2013 ONSC 5392
Health Topics: Health care and health services, Health systems and financing, Mental health, Public safety
Human Rights: Freedom from discrimination, Right to life
Facts:

The Court examined the constitutionality of Brian’s Law, which was passed in 2000 after a man named Brian Smith was fatally shot by an untreated schizophrenic. The law included expanded committal criteria and allowed for involuntary admission for individuals who had experienced “substantial mental deterioration,”even if they were not necessarily a danger to others. In …Read more

Tags: Community-based care, Compulsory commitment, Compulsory confinement, Examination, Health regulation, Incapacity, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Psychiatry, Schizophrenia, Threat of violence
Download Judgment: English

Front for the Liberation of the State of Cabinda v. Republic of Angola

Country: Angola
Year: 2013
Court: African Commission on Human and Peoples’ Rights
Citation: Communication 328/06
Health Topics: Disasters and emergencies, Poverty, Public safety
Human Rights: Right to a clean environment, Right to development, Right to property, Rights to the benefits of culture
Facts:

The state of Cabinda was declared annexed by Angola without any Cabindan participation in 1975. Despite protests by the Cabindan people, Angola exercised sovereignty over Cabinda. Groups in Cabinda attempted to re-claim autonomy of their country in 2002, but Angola undertook a massive military campaign against them. Angola’s large military force committed numerous documented human …Read more

Tags: Armed conflict, Cruel treatment, Humanitarian crisis, Indigenous groups, Low income, Military, Poor, Threat of violence, Torture
Download Judgment: English

N.N. s/ Atentado contra la salud pública

Country: Argentina
Year: 2012
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 337. XLVIII.
Health Topics: Environmental health, Public safety
Human Rights: Right to a clean environment, Right to health
Facts:

The plaintiff brought the case to the First Instance Criminal Court of Lomas de Zamora [Juzgado de Garantias n° 3 de Lomas de Zamora] against three workers of the painting factory “MATRA” who presumably threw toxic substances in an area located in Esteban Echeverría, violating Law 24 051. The First Instance Criminal Court of Lomas de …Read more

Tags: Environmental degradation, Environmental health, Pollution, Public safety
Download Judgment: Spanish

SERAP v. Federal Republic of Nigeria

Country: Nigeria
Year: 2012
Court: The Court of Justice of the Economic Community of West African States (ECOWAS)
Citation: JUDGMENT N° ECW/CCJ/JUD/18/12.
Health Topics: Diet and nutrition, Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to water and sanitation
Facts:

The Socio-Economic Rights and Accountability Project (SERAP), a non-governmental organization, filed a case against the Federal Republic of Nigeria alleging human rights violations as a result of the government’s failure to ensure adequate environmental protection in the Niger Delta due to oil spillage. SERAP alleged that decades of oil prospection and exploitation by private corporations …Read more

Tags: Clean water, Cleanliness, Contamination, Drinking water, Environmental degradation, Environmental hazards, Food, Food safety, Food shortages, Pollution, Potable water, Safe drinking water, Water pollution, Water safety
Download Judgment: English

Nenova et al. v. Libya

Country: Libya
Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication No. 1880/2009
Health Topics: HIV/AIDS, Medical malpractice, Prisons, Public safety
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Four out of the five claimants in this case arrived in Libya between February 1998 and February 1999 to work as members of a Bulgarian medical team at Al-Fatah pediatrics hospital; the other claimant had arrived in Libya in 1991 and had been working at a different hospital. On 9 February 1999, the authors together …Read more

Download Judgment: English

Case 007-11-EE

Country: Ecuador
Year: 2011
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 007-11-EE, July 27, 2011.
Health Topics: Diet and nutrition, Disasters and emergencies, Public safety
Human Rights: Right to health, Right to life, Right to work
Facts:

This case was a decision on the constitutionality of an executive decree ordering the declaration of a state of emergency intended to prohibit the sale and consumption of alcoholic beverages throughout the country for 72 hours, due to cases of poisoning from alcoholic beverages adulterated with methanol. Articles 165 and 166 of the Constitution and …Read more

Tags: Alcohol, Food poisoning, Food safety
Download Judgment: English Spanish

Finogenov and Others v. Russia

Country: Russia
Year: 2011
Court: European Court of Human Rights
Citation: Application Nos. 18299/03 and 27311/03
Health Topics: Disasters and emergencies, Health care and health services, Hospitals, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to life
Facts:

On 23 October 2002 a group of terrorists armed with machine-guns and explosives took hostages in the ‘Dubrovka’ theatre in Moscow. For three days, more than 900 people were held at gunpoint and the theatre building was booby-trapped with suicide bombers positioned amongst the hostages. During the three days, the terrorists made certain demands and …Read more

Tags: Emergency care, Health care professionals, Health care workers, Health facilities, Law enforcement, Manmade disaster, Police, Terrorism, Threat of violence
Download Judgment: English

Grand Justices Interpretation No. 690

Country:
Year: 2011
Court: Grand Justices Council
Citation: Judicial Yuan Interpretation No. 690 (Grand Justices Council Sept. 30, 2011) (Taiwan).
Health Topics: Hospitals, Infectious diseases, Public safety
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

According to Article 37 of the Communicable Disease Control Act, revised January 30, 2002, “Any person who had physical contacts with patients of contagious diseases, or suspected of being infected, shall be detained and checked by the competent authority, and if necessary, shall be ordered to move into designated places for further examinations, or to take …Read more

Tags: Custody, Detention, Infectious diseases
Download Judgment: English Chinese

Rivarola, Martín Ramón v. Rutilex Hidrocarburos Argentinos S.A.

Country: Argentina
Year: 2011
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 143. XLVI.
Health Topics: Disasters and emergencies, Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment
Facts:

The plaintiff brought the case to the Civil and Commercial Court of Zarate – Campana [Juzgado en lo Civil y Comercial N° I de Zarate – Campana]  against the company Rutilex Hidrocarburos Argentinos S.A, located in Province of Buenos Aires, to be sentenced to carry out the necessary measures to cease its contaminating activities that …Read more

Tags: Environmental degradation, Environmental health, Right to Health, Right to Life
Download Judgment: Spanish

Haas v. Switzerland

Country: Switzerland
Year: 2011
Court: The European Court of Human Rights
Citation: CASE OF HAAS v. SWITZERLAND
Health Topics: Controlled substances, Mental health, Public safety
Human Rights: Right to life, Right to privacy
Facts:

The applicant was a Swiss national who lodged a claim before the European Court on Human Rights (the ECHR), relying on Article 8 of the European Convention on Human right (the Convention), that his right when and how to end his own life had been violated by the state. The applicant claimed to the ECHR …Read more

Download Judgment: English

Brown, Governor of California, et al. v. Plata et al.

Country: United States
Year: 2011
Court: Supreme Court of the United States
Citation: BROWN, GOVERNOR OF CALIFORNIA, ET AL. v. PLATA ET AL.
Health Topics: Health care and health services, Mental health, Prisons, Public safety
Human Rights: Right to health
Facts:

This case was about California’s prisons which at the time housed 156,000 prisoners, two fold of the number they were designed to house. The plaintiffs previously had brought two separate Federal actions. In 1990, one of the district courts had decided that mentally ill prisoners received inadequate medical care; in 2001, the other district court …Read more

Download Judgment: English

Chamber of Crafts to the Constitutional Court

Country: Macedonia
Year: 2010
Court: Constitutional Court
Citation: 126/2010-0-0
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Infectious diseases, Medicines, Public safety
Human Rights: Freedom from discrimination, Right to health, Right to work
Facts:

The Chamber of Crafts, the petitioner, challenged a provision from the Law on Public Health (the Law) regulating the conditions under which cosmeticians could exercise their craft. The law required cosmeticians to obtain a permit from the Ministry of Health, on top of existing requirements for certification as a craftsperson. The Chamber argued that these …Read more

Tags: Alternative medicine, Health regulation, Noncommunicable diseases, Safety regulation, Skin disease, Traditional medicine
Download Judgment: English Macedonian

Case 2975 K/Pdt/2009

Country: Indonesia
Year: 2010
Court: Supreme Court
Health Topics: Child and adolescent health, Diet and nutrition, Health information, Infectious diseases, Public safety
Human Rights: Right of access to information
Facts:

The plaintiff was the father of two children whose second child was breastfed for the first 6 months and then was switched to a milk formula. In 2008, the Bogor Agricultural Institution published research that there were a number of infant formulas which were contaminated by enterobactersakazakii bacteria which could cause enteritis, sepsis and meningitis. …Read more

Tags: Awareness, Children, Disclosure, Food, Food poisoning, Food safety, Food-borne diseases, Freedom of information, Infant health, Meningitis, Minor, Non-disclosure, Pediatric health, Safety regulation
Download Judgment: English Indonesian

Case C-830/10

Country: Colombia
Year: 2010
Court: Constitutional Court of Colombia
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Plena octubre 20, 2010, M.P.: Luis Ernesto Vargas Silva, Sentencia C-830/10 (Colom.).
Health Topics: Child and adolescent health, Controlled substances, Environmental health, Health information, Public safety, Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to bodily integrity, Right to development, Right to health, Right to life
Facts:

Petioner brought action before the Constitutional Court, challenging the constitutionality of Law 1335 of 2009, which imposes a general ban on all forms of tobacco promotion, advertisement and sponsorship and in this case, its constitutionality is being questioned. It imposes bans on behaviors aimed at promoting the consumption of a particular group of goods but …Read more

Tags: Alcohol, Cancer, Child development, Contamination, Health education, Health promotion, Heart disease, Passive smoking, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

Case 315768

Country: France
Year: 2010
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°315768, 10 February 2010
Health Topics: Health systems and financing, Medical malpractice, Public safety
Human Rights: Right to health
Facts:

Mr. Patrick A requested the annulment of the decision of 8 February 2008 by which the National Council of the Order of Doctors declined to authorize him as a certified specialist in the field of plastic and reconstructive surgery. Mr. A had been practicing baldness surgery for 28 years as a general practitioner, and had …Read more

Tags: Access to treatment, Counseling, Diagnostics, Health care professionals, Health care workers, Health regulation, Standard of care
Download Judgment: English French

JCAG 362/2010

Country: Spain
Year: 2010
Court: Administrative Litigation Chamber of Granada
Health Topics: Child and adolescent health, Disasters and emergencies, Infectious diseases, Informed consent, Medicines, Public safety
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

An outbreak of measles occurred in the city of Granada, beginning on October 9, 2010, with two children in the neighborhood of Albaycín. Due to low vaccination coverage among children in the neighborhood, especially those attending the public school Colegio Público Gómez Moreno, the disease spread. By November 18th, 36 cases had been reported. In …Read more

Tags: Children, Compulsory treatment, Immunization, Involuntary treatment, Mandatory treatment, Measles, Minor, Non-consensual testing and treatment, Patient choice, Pediatric health, Unauthorized treatment, Vaccination, Vaccines
Download Judgment: English

Case 335-92 and 359-92

Country: Guatemala
Year: 2010
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional, accumulated Case Nos. 335-92 and 359-92, May 12, 1993
Health Topics: Controlled substances, Health systems and financing, Medicines, Public safety
Human Rights: Right to health
Facts:

This case was an unconstitutionality action brought by the Guatemalan Association of Pharmacists and Chemists et al. challenging the Liberalization of Importation of Medicines Act. The claimants argued that the Act’s elimination of requirements for imported medicines such as expiration dates, instructions in Spanish, and required government testing violated constitutional competition provisions, intellectual property and …Read more

Tags: Access to drugs, Access to medicines, Addiction, Drug quality, Drug safety, Generic drugs, Health regulation, Intellectual property, Labeling, Manufacturing, Patents, Pharmaceuticals, Pricing
Download Judgment: English Spanish

Laboratorio Welt S.A s/infracción ley 16.463

Country: Argentina
Year: 2010
Court: Supreme Court of Justice [Corte Suprema Justicia de la Nación Argentina]
Citation: L. 1301. XLI.
Health Topics: Medicines, Public safety
Human Rights: Right to property, Right to work
Facts:

The National Administration of Drugs, Foods and Medical Devices [ANMAT] fined the Laboratorio Welt S.A and its director to (ARS 20 000) twenty thousands and (ARS 10 000) ten thousands Argentine pesos for violating articles 2 and 19.b of law 16.463 and article 9 from decree 150/92. The laboratory did not comply with resolution 1930/95 …Read more

Tags: Health regulation, Medicines, Safety regulation
Download Judgment: Spanish