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415 judgments found.


R v. Malmo-Levine; R v. Caine

Country: Canada
Year: 2003
Court: Supreme Court
Citation: [2003] 3 SCR 571
Health Topics: Controlled substances
Human Rights: Freedom from discrimination, Right to liberty and security of person
Facts:

M described himself as a “marijuana/freedom activist” helping to operate a co-operative, non-profit association seeking to minimize the harm caused by marijuana use. The police raided the organisation’s premises and seized 300 grams of marijuana. M was charged with possession of marijuana for the purpose of trafficking pursuant to section 4(2) Narcotics Control Act 1985 …Read more

Tags: Drug abuse, Drug enforcement, Drug use, Marijuana, People who use drugs, Substance abuse
Download Judgment: English French

International Association Autism Europe v. France

Country: France
Year: 2003
Court: The European Committee of Social Rights
Citation: Case No. 13/2002
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to education
Facts:

The complainant alleged that France is failing to adhere to its obligations under the European Social Charters. They stated that children and young adults did not have adequate access to educational services. Further, it was alleged that the provisions for early intervention, teacher training, funding and accessibility of mainstream education was insufficient. It was also …Read more

Tags: Budget, Child development, Disabilities, Disabled, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Minor, Neurological diseases, Social security
Download Judgment: English

Ex. Const. Badan Singh v. Union of India and Anr.

Country: India
Year: 2002
Court: High Court - Delhi
Citation: 2002 VIIIAD Delhi 553; 97 (2002) DLT 986
Health Topics: Disabilities, Health systems and financing, HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
Facts:

The Petitioner, Ex. Const. Badan Singh, was an employee of the Border Security Force (BSF). While in employment he found out that he was living with HIV. Being considered unfit for employment by the Medical Board and the competent authority, he was discharged from service with a 70% disability. The Petitioner filed the petition in …Read more

Tags: Employment, Hepatitis, HIV positive, People living with HIV/AIDS, PLHIV, Reimbursement, TB, Tuberculosis
Download Judgment: English

Benedict Jacob v. Grenada

Country: Grenada
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: "Report No. 56/02, Case 12.158, Inter-Am. C.H.R., Doc. 5 rev.1 at 601, OEA/Ser.L/V/II.117 Doc. 1 rev. 1, 7 March 2003"
Health Topics: Mental health, 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:

Jacob was convicted of murder by the State and a mandatory death sentence by hanging was imposed on him in accordance with the domestic law of Grenada. Jacob and the deceased had been in a relationship and had lived together previously, ending their cohabitation a few months before the deceased’s death. A psychiatrist testified on …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Imprisonment, Incarceration, Indigent, Inhuman treatment, Inmate, Insanity, Jail, Low income, Poor, Prison conditions, Psychiatry, Torture
Download Judgment: English Spanish

Paul Lallion v. Grenada

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
Download Judgment: English Spanish

Gosselin v. Quebec (Attorney General)

Country: Canada
Year: 2002
Court: Supreme Court
Citation: [2002] 4 S.C.R. 429, 2002 S.C.C. 84
Health Topics: Poverty
Human Rights: Freedom from discrimination, Right to liberty and security of person, Right to life, Right to social security
Facts:

In 1984 the Quebec government created a new social assistance scheme. Section 29(a) of the Regulation Respecting Social Aid (the Regulation), made under the 1984 Social Aid Act, set the base amount of welfare payable to persons under the age of 30 at roughly one third of the base amount payable to those 30 and …Read more

Tags: Indigent, Low income, Poor, Social security, Underprivileged
Download Judgment: English French

Case 2002-026f

Country: Belgium
Year: 2002
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2002-026f, 30 January 2002
Health Topics: Health systems and financing, Medical malpractice
Human Rights: Freedom from discrimination, Right to due process/fair trial
Facts:

A medical provider was accused of having provided unnecessary medical services paid for by the mandatory healthcare and benefits insurance regime of Belgium, in violation of Article 73 of the Law relating to mandatory healthcare and benefits insurance (“Healthcare Law”), which prohibited the provision of unnecessarily expensive or superfluous services. The medical provider contested the …Read more

Tags: Budget, Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health regulation, Inappropriate treatment, Reimbursement, Social security
Download Judgment: English French Flemish

Case 2002-034f

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
Download Judgment: French Flemish

Case 2002-037f

Country: Belgium
Year: 2002
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2002-037f, 13 February 2002
Health Topics: Aging, Health care and health services
Human Rights: Freedom from discrimination
Tags: Health expenditures, Health funding, Health regulation, Health spending, Nursing home
Download Judgment: French Flemish

Case 2002-124f

Country: Belgium
Year: 2002
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2002-124f, 10 July 2002
Health Topics: Aging, Health systems and financing
Human Rights: Freedom from discrimination, Right to property
Tags: Health regulation, Nursing home
Download Judgment: French Flemish

Case 2002-129

Country: Belgium
Year: 2002
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2002-129, 10 July 2002
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to due process/fair trial
Tags: Health care professionals, Health care workers, Health regulation
Download Judgment: French Flemish

Case 2002-183

Country: Belgium
Year: 2002
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2002-183, 11 December 2002
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination
Tags: Health care professionals, Health care workers, Health regulation
Download Judgment: French Flemish

Carabantes Galleguillos, Mónica v. Chile

Country: Chile
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Carabantes Galleguillos v. Chile, Case 12.046, Inter-Am. Comm’n H.R., Report No. 33/02, OEA/Ser.L/V/II.117, doc. 1 rev. 1 (2002).
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

Applicant, a student in her fifth year of basic education at a subsidized private school in the city of Coquimbo, Chile was expelled during an examination for having appeared seven months pregnant and was informed that her enrollment could not be renewed for the following school year. Her family had filed a complaint with the …Read more

Tags: Childbirth, Pregnancy
Download Judgment: English

Goodwin v. United Kingdom

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
Download Judgment: English French Serbian

Pretty v. United Kingdom

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
Download Judgment: English Albanian French Russian

Yasser Mohamed Salah, et al. v. Egypt

Country: Egypt
Year: 2002
Court: UN Human Rights Council's Working Group on Arbitrary Detention
Citation: Opinion No. 7/2002 (Egypt); E/CN.4/2003/8/Add.1 at 68
Health Topics: Informed consent, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to liberty and security of person
Facts:

At least 55 men were arrested in Cairo on grounds of their sexual orientation during a police raid of a discotheque. The raid occurred after undercover officers entered the bar and observed and filmed dancing. The police targeted men who appeared to be homosexuals or who were not accompanied by women. One man was slapped …Read more

Tags: Assault, Buggery, Compulsory examination, Forced examination, Gay, Homosexual, Involuntary examination, Law enforcement, LGBTI, Mandatory testing, Non-consensual testing and treatment, Sexual orientation, Sodomy
Download Judgment: English

Joy Mining Machinery v. NUMSA

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
Download Judgment: English

Jordan, et al. v. State

Country: South Africa
Year: 2002
Court: Constitutional Court
Citation: 13 BHRC 203; [2002] (11) BCLR 1117 (CC)
Health Topics: Poverty
Human Rights: Freedom from discrimination, Right to liberty and security of person, Right to privacy, Right to work
Facts:

On 20 August 1996 a police officer entered a brothel owned by the first appellant in Pretoria, paid R250 to the second appellant and a salaried employee, and received a pelvic massage by the third appellant, a prostitute. All three were charged with contravening s20(1)(aA) of the Sexual Offences Act 1957 (‘the Act’) which criminalised …Read more

Tags: Criminalization, Indigent, Poor, Sex workers
Download Judgment: English

Case of D.G. v. Ireland

Country: Ireland
Year: 2002
Court: European Court of Human Rights
Citation: ECHR no. 39474/98 (16 May 2002)
Health Topics: Child and adolescent health, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to housing, Right to liberty and security of person
Facts:

The applicant was a minor who alleged that his detention in a penal institution and by failing to provide him with suitable care and accommodation violated domestic Irish law and the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”). The applicant had been in the care of the Eastern Health Board …Read more

Tags: Child development, Children, Custody, Humiliating treatment, Mental institution
Download Judgment: English

C.V.L. Narasimha Rao v. Principal Sec. Medical and Health Dept.

Country: India
Year: 2001
Court: High Court - Andhra Pradesh
Citation: 2001 (6) ALT1
Health Topics: Disabilities, Health systems and financing, Hospitals, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

A letter sent to the Andhra Pradesh High Court informed it of the death of an inmate in a Government hostel for the blind and of the inhumane conditions in the hostel. The letter requested the High Court to intervene in the interest of justice. The High Court converted the letter in to a public …Read more

Tags: Blind, Disabled, Handicapped, Health facilities, Public hospitals
Download Judgment: English

Doe v. County of Centre

Country: United States
Year: 2001
Court: 3rd Circuit Court of Appeal
Citation: 242 F.3d 437 (2001)
Health Topics: Child and adolescent health, Disabilities, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to life
Facts:

Appellants, the Does, an interracial couple with an HIV-positive foster son (Adam), approached the Respondents, Centre County (the County), seeking to adopt another child through the County’s foster care program. The County had a statutory duty to investigate foster parent applications in order to preserve the physical and emotional health of foster children. The Does …Read more

Tags: AIDS, Child development, Children, HIV, HIV positive, HIV status, Minor, People living with HIV/AIDS, Physically challenged, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Cyprus v. Turkey

Country: Turkey
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 25781/94; (2002) 35 EHRR 30; [2001] ECHR 327
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Freedom of religion, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy, Right to property, Rights to the benefits of culture
Facts:

Cyprus lodged an application against Turkey for alleged violations of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) which occurred during and after the Turkish military operations in Cyprus in 1974 and the subsequent 1983 establishment of the “Turkish Republic of Northern Cyprus” (“TRNC”). Cyprus alleged that Turkey was responsible …Read more

Tags: Access to health care, Cruel treatment, Degrading treatment, Execution, Humiliating treatment, Immigration, Inhuman treatment, Migrants
Download Judgment: English Albanian French Turkish

Price v. United Kingdom

Country: United Kingdom
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 33394/96; (2002) 34 EHRR 53; [2001] Crim.L.R. 916
Health Topics: Chronic and noncommunicable diseases, Disabilities, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment
Facts:

P, who is a UK national, was four-limb deficient as a result of procomelia due to thalidomide. She also suffered kidney problems. On 20 January 1995, in the course of civil proceedings in Lincoln County Court for recovery of a judgment debt, P refused to answer questions regarding her financial status and was committed to …Read more

Tags: Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Disabled, Handicapped, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Noncommunicable diseases, Physically challenged, Torture
Download Judgment: English Albanian French

Hospital Británico de Buenos Aires v. Estado Nacional (Ministerio de Salud y Acción Social)

Country: Argentina
Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: H. 90. XXXIV
Health Topics: Controlled substances, Health care and health services, Health systems and financing, HIV/AIDS
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to property
Facts:

Hospital Británico de Buenos Aires, a private health service provider, filled a guarantee of protection of individual constitutional rights (amparo protection) against the Federal State requiring the judiciary to declare that the National Act 24.754 was contrary to articles 14, 17, 28 and 33 of the National Constitution. The law obliged private health service providers …Read more

Tags: Access to health care, Access to treatment, Addiction, AIDS, Drug use, Health funding, Health insurance, Health regulation, HIV, IDUs, Injecting drug users, People living with HIV/AIDS, People who use drugs, PLHIV, Rehabilitation, Social security, Subsidies, Substance abuse
Download Judgment: English Spanish

Etcheverry, Roberto Eduardo v. Omint Sociedad Anónima y Servicios

Country: Argentina
Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: E. 34. XXXV
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life
Facts:

The Petitioner, Roberto Eduardo Etcheverry, worked for ISC Bunker Ramos S.A between April 1992 and June 1993, and was formally employed by them until 1997. During his employment, he was a member of Omint, a health insurance company. His coverage with Omint was paid for by ISC Bunker Ramos under an unwritten arrangement. ISC Bunker …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Health insurance, HIV, People living with HIV/AIDS, Social security
Download Judgment: English Spanish

Case T-1132/01

Country: Colombia
Year: 2001
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Séptima de Revisión octubre 25, 2001, M.P.: Eduardo Montealegre Lynett, Sentencia T-1132/01 (Colom.).
Health Topics: Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life, Right to social security
Facts:

Originally, three individuals living with HIV brought action against Hospital Simón Bolívar and the District’s Secretary of Health for the Hospital’s refusal to provide them with the necessary medications and treatment for their condition upon petitioners’ inability to afford payment of the medications and services. The petitioners claimed violations of their rights to health, life …Read more

Tags: Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Health expenditures, Health funding, Health regulation, Health spending, HIV, Low income, People living with HIV/AIDS, PLHIV, Poor, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Subsidies, Underprivileged
Download Judgment: Spanish

Miranda Cortéz, Jorge Odir, et al. v. El Salvador

Country: El Salvador
Year: 2001
Court: Inter-American Commission on Human Rights
Citation: Miranda Cortez v. El Sal., Case 12.249, Inter-Am. Comm’n H.R., Report No. 29/01, OEA/Ser.L/V/II.111 Doc. 20 rev. at 284 (2000).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to life
Facts:

Applicant filed this petition on behalf of himself and 26 other HIV infected persons against the State of El Salvador alleging Article 26 of the American Convention (the right to health) violation for failing to provide HIV triple therapy medication they needed to prevent death and to improve their quality of life. Petitioner maintains that …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Cruel treatment, Degrading treatment, Diagnostics, Examination, First-line treatment, HIV, HIV positive, HIV status, Inhuman treatment, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture, Transmission
Download Judgment: English

Case SU-1167/01

Country: Colombia
Year: 2001
Court: Constitutional Court
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to social security
Facts:

Doris Fabiola Reinoso Barroso was the daughter of Esteban Reinoso (the Plaintiff) a Colombian Petroleum Company (the Respondent) pensioner, who enjoyed medical assistance services covered by the Respondent. Although she was an adult, Ms. Barroso was listed as a beneficiary of the Plaintiff on these medical assistance services, as her paranoid schizophrenia meant that she …Read more

Tags: Access to health care, Access to treatment, Childbirth, Health insurance, Incapacity, Incompetence, Maternal health, Mental competence, Out-of-pocket expenditures, Paranoia, Pregnancy, Schizophrenia, Social security
Download Judgment: English Spanish

Case SU-623/2001

Country: Colombia
Year: 2001
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

Cesar Augusto Medina Lopera (the Plaintiff) requested the Health Security Company Comfenalco (H.S.C, the Respondent), to affiliate him to the Social Security System in Health as beneficiary of his life partner, Jairo Castaño Suescún, who was a contributor to this H.S.C. The Respondent denied the affiliation and argued that, in accordance with Colombian Political Constitution, …Read more

Tags: Access to health care, Budget, Gay, Health funding, Health insurance, Homosexual, LGBTI, Out-of-pocket expenditures, Queer, Sexual orientation, Social security
Download Judgment: English Spanish

Case 252/2001

Country: Italy
Year: 2001
Court: Constitutional Court
Health Topics: Disabilities, Health care and health services
Human Rights: Freedom from discrimination, Right to health
Facts:

The Court evaluated the constitutionality of article 19, para. 2 of the legislative decree 25 July 1998 no. 286 (Consolidating act on Immigration and Norms concerning the Status of Foreigners) (the Decree) which implicitly allowed the expulsion of a foreigner entering Italian territory without documentation and staying for the sole reason of completing essential medical …Read more

Tags: Access to health care, Access to treatment, Disabled, Handicapped, Health care technology, Immigration, Migrants, Physically challenged
Download Judgment: English Italian