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71 judgments found.


Caleb Orozco v. Attorney General of Belize

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
Download Judgment: English

Muhamad Juzaili Bin Mohd Khamis, et al. v. State Government of Negeri Sembilan, et al.

Country: Malaysia
Year: 2015
Court: Court of Appeal
Citation: Civil Appeal No. 01-498-11/2012
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of movement and residence, Right to liberty and security of person, Right to life, Right to work
Facts:

Section 66 of the Syariah Criminal Enactment of 1992 made it an offence for Muslim males to wear women’s attire or to pose as a woman in a public place. Conviction resulted in a fine or imprisonment not exceeding six months or both. The Appellants were Muslim men with Gender Identity Disorder (GID) who expressed …Read more

Tags: Gender identity, Gender identity disorder, Gender reassignment, Homosexual, LGBTI, Queer, Sexual orientation, Transgender, Transsexual
Download Judgment: English

National Legal Services Authority v. Union of India and others

Country: India
Year: 2014
Court: Supreme Court
Citation: [(2014) 5 SCC 438]
Health Topics: Health care and health services, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of expression, Right to life, Right to privacy
Facts:

Members of transgender community sought a legal declaration of their gender identity, instead of the male or female identity assigned to them at the time of their birth, claiming that that non-recognition of their gender identity violated Articles 14 and 21 of the Constitution of India (the “Constitution”). Hijras and eunuchs, who were also members …Read more

Tags: Access to health care, AIDS, Gender identity, Gender reassignment, HIV, HIV positive, Intersex, LGBTI, Most-at-risk, Queer, Sex reassignment, Sexual assault, Sexual orientation, Sexual violence, Transgender, Transsexual
Download Judgment: English

McCullen v. Coakley

Country: United States
Year: 2014
Court: Supreme Court
Citation: 573 U.S. __ (2014)
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression
Facts:

The Commonwealth of Massachusetts amended its Reproductive Health Care Facilities Act (the “Act”), making it a crime to knowingly stand on a “public way or sidewalk” within 35 feet of an entrance or driveway to any abortion clinic. The Act exempted from this prohibition certain individuals, including “employees or agents of such facility acting within the scope …Read more

Tags: Abortion, Abortion counseling, Access to health care, Awareness, Clinics, Counseling, Health care professionals, Health care workers, Health facilities
Download Judgment: English

Agency for International Development v. Alliance for Open Society International, Inc.

Country: United States
Year: 2013
Court: Supreme Court
Citation: 570 U.S. ___ (2013)
Health Topics: Health systems and financing, HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom of expression
Facts:

The United States Leadership against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Leadership Act), 22 U.S.C. §7601 set forth a strategy to globally combat the spread of HIV/AIDS. Congress authorized the appropriation of billions of dollars to fund efforts by nongovernmental organizations working in this area. The Leadership Act’s conditions stated that: (1) No funds …Read more

Tags: Access to health care, Access to treatment, AIDS, Contraception, Contraceptives, Health expenditures, Health funding, Health spending, HIV, Most-at-risk, People living with HIV/AIDS, PLHIV, Sex workers, Transmission
Download Judgment: English

Lohé Issa Konaté v. Burkina Faso

Country: Burkina Faso
Year: 2013
Court: African Court on Human and Peoples' Rights (Cour Africaine des droits de l’homme et des peoples)
Citation: Application No. 004/2013
Health Topics: Health care and health services, Prisons
Human Rights: Freedom of expression, Right to health
Facts:

Lohé Issa Konaté alleged that his criminal conviction in Burkina Faso for libel was a violation of his right to freedom of expression, contrary to Article 9 of the African Charter on Human and Peoples’ Rights (“Charter”) and Article 19 of the International Covenant on Civil and Political Rights (“ICCPR”). At the High Court, Konaté …Read more

Tags: Access to health care, Access to treatment, Custody, Detainee, Detention, Imprisonment, Incarceration, Inmate, Jail
Download Judgment: English

British American Tobacco South Africa v. Minister of Health

Country: South Africa
Year: 2012
Court: Supreme Court of Appeal
Citation: (463/2011) [2012] ZASCA 107 (20 June 2012)
Health Topics: Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to health
Facts:

Section 3(1)(a) of the Tobacco Products Control Act of 1993 (the “Act”) prohibited any person from “advertising” or “promoting” a tobacco product.  The appellant, a tobacco manufacturer, contended that this prohibition should not extend to its one-to-one communication with consenting adult consumers of tobacco products as it was an unconstitutional limit on both the appellant’s …Read more

Tags: Advertising, Smoking, Tobacco regulation
Download Judgment: English

Gillberg v. Sweden

Country: Sweden
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 41723/06; [2010] ECHR 1676
Health Topics: Health information
Human Rights: Freedom of expression, Right to privacy
Facts:

The applicant is a 50-year old professor specializing in child and adolescent psychiatry, at the University of Gothenburg. A neuropsychiatry research project, the Gothenburg Study, focusing on Attention-Deficit Hyperactivity Disorder (ADHD) in children was carried out from 1977 to 1992 at the University of Gothenburg. The researchers assured “the children’s parents and later to the …Read more

Tags: Confidentiality, Disclosure, Freedom of information, Health data, Health information, Health records, Non-disclosure, Secrecy
Download Judgment: English French

Kichwa Peoples of the Sarayaku Community v. Ecuador

Country: Ecuador
Year: 2012
Court: Inter-American Court of Human Rights
Citation: Case No. 12.465; Series C No. 245, June 27, 2012
Health Topics: Diet and nutrition, Environmental health, Health care and health services, Medicines, Violence
Human Rights: Freedom of expression, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to participation, Right to property
Facts:

This case concerned the Kichwa nation of the Ecuadorian Amazon, which encompassed two Peoples who shared the same linguistic and cultural tradition. The State of Ecuador had granted a private oil company a permit to carry out oil exploration and exploitation of activities in the ancestral territory of the Kichwa nation. The State did not …Read more

Tags: Abuse, Access to health care, Access to treatment, Alternative medicine, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Diet, Humiliating treatment, Indigenous groups, Indigenous medicine, Industrial waste, Inhuman treatment, Military, Pollution, Primary care, Rape, Sexual violence, Torture, Violence against women
Download Judgment: English Spanish

MGN Limited v. United Kingdom

Country: United Kingdom
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 39401/04; (2011) 53 EHRR 5; [2011] ECHR 66; [2011] EMLR 20; [2011] 1 Costs LO 84; 29 BHRC 686
Health Topics: Controlled substances, Health information
Human Rights: Freedom of expression, Right to privacy
Facts:

The applicant is a publisher of a national daily newspaper in the United Kingdom, The Daily Mirror (the “applicant”). In early 2001 the applicant carried a front-page article entitled “Naomi: I am a drug addict”, placed between two color photographs of Ms. Naomi Campbell, a well-known model. The first photograph showed her dressed in a …Read more

Tags: Addiction, Disclosure, Drug abuse, Rehabilitation, Secrecy, Substance abuse
Download Judgment: English

Sorrell v. IMS Health

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 2653 (2011)
Health Topics: Health information, Medicines
Human Rights: Freedom of expression, Right of access to information, Right to privacy
Facts:

Pharmacies, “as a matter of business routine and federal law, receive prescriber-identifying information when processing prescriptions.” This “[k]nowledge of a physician’s prescription practices—called prescriber-identifying information,’” enables marketers representing pharmaceutical drug manufacturers (Detailers) to better “ascertain which doctors are likely to be interested in a particular drug and how best to present a particular sales message.” …Read more

Tags: Advertising, Confidentiality, Disclosure, Freedom of information, Generic drugs, Health data, Health records, Medical records, Non-disclosure
Download Judgment: English

Case 822 K/Pid.Sus/2010

Country: Indonesia
Year: 2011
Court: Supreme Court
Health Topics: Chronic and noncommunicable diseases, Health information, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Freedom of association, Freedom of expression, Right to due process/fair trial
Facts:

On 7 August 2008, the Defendant, Prita Mulyasari, arrived at Omni International Hospital in Tangerang with symptoms of a fever and dizziness. She was then admitted, and through a series of unfortunate events, ended up receiving unnecessary medication and incorrect lab results under the care of Dr. Hengky. Her condition significantly worsened after an incorrect …Read more

Tags: Awareness, Criminalization, Dengue, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Misdiagnosis, Negligence, Noncommunicable diseases, Patient choice, Public hospitals
Download Judgment: English Indonesian

Dr. Chau Kwok on Gordon and Others v. The Medical Council of Hong Kong

Country: China
Year: 2011
Court: Court of Appeal
Citation: [2011] HKCA 44; CACV 63/2006
Health Topics: Health information
Human Rights: Freedom of expression
Facts:

A group of doctors appealed from a decision by a Medical Council of Hong Kong finding them guilty of  failing to ensure that a reference made to the doctors in a magazine article was not promotional, contrary to the Professional Code and Conduct for the Guidance of Registered Medical Practitioners (”Professional Code”). In 2003, a …Read more

Tags: Advertising, Awareness, Disclosure, Freedom of information, Health care professionals, Health education, Health promotion
Download Judgment: English

Carl Peter Erdliner v. Government of Rwanda

Country: Rwanda
Year: 2010
Court: High Court at Kigali
Citation: Case N° RPA 0646/10/HC/KIG
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Mental health, Prisons
Human Rights: Freedom of expression, Right to due process/fair trial, Right to health
Facts:

The appellant brought this appeal of a decision by the GASABO Intermediate Court that ordered his pre-trial detention for thirty days. The appellant appealed on multiple procedural grounds and also alleged that the lower court failed to properly appreciate the impact of his medical condition in determining whether pre-trial detention was appropriate. The Prosecution alleged …Read more

Tags: Access to treatment, Custody, Depression, Detainee, Detention, Heart disease, Incapacity, Jail, Mental disorder, Mental illness, Noncommunicable diseases
Download Judgment: English

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

Tabacalera del Este S.A., et al. v. Poder Ejecutivo s/Amparo Constitucional

Country: Paraguay
Year: 2010
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).
Health Topics: Controlled substances, Environmental health, Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to health
Facts:

Petitioners were a consortium of tobacco companies that filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 (Protection from exposure to tobacco smoke) and 11 (Packaging and labelling of tobacco products) of the WHO Framework Convention on Tobacco Control …Read more

Tags: Advertising, Awareness, Health data, Health regulation, Passive smoking, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

Case STS 21-6-2010

Country: Spain
Year: 2010
Court: Supreme Court
Health Topics: Controlled substances, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of religion
Facts:

The applicants, Mr. Eulalio and Mrs. Ariadna worked as nurses at the Prison of Albacete. The prison had, allegedly, implemented the so-called Syringe Exchange Program (“Program”), a public health program developed by the Penitentiary Health General Sub-Directorate. The experimental Program was launched with the objective of preventing the transmission of diseases between inmates by, among …Read more

Tags: Abortion, Addiction, Conscientious objection, Custody, Drug abuse, Drug use, Harm reduction, Health care professionals, Health care workers, IDUs, Imprisonment, Incarceration, Injecting drug users, Inmate, Jail, People who use drugs, Rehabilitation, Substance abuse, Termination of pregnancy
Download Judgment: English

Gomes Lund, et al. (Araguaia Guerrilla) v. Brazil

Country: Brazil
Year: 2010
Court: Inter-American Court of Human Rights
Citation: Series C No. 219
Health Topics: Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right to due process/fair trial, Right to liberty and security of person
Facts:

On 26 March 2009, the IACmHR submitted to the IACtHR a lawsuit against Brazil, which originated in a petition filed on 7 August 1995 by the Center for Justice and International Law (CEJIL) and Human Rights Watch/Americas. The underlying claims concerned Brazil’s alleged responsibility for the arbitrary detention, torture and forced disappearance of 70 people, …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detainee, Detention, Execution, Forced disappearance, Humiliating treatment, Imprisonment, Military, Torture
Download Judgment: English Spanish

Miguel Ignacio Fredes Gonzalez and Ana Andrea Tuczek Fries v. Chile

Country: Chile
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 14/09, Petition 406-03, March 19, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Diet and nutrition, Environmental health, Health information, Public safety
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to due process/fair trial, Right to participation
Facts:

Miguel Ignacia Fredes Gonzalez and Ana Andrea Tuczek Fries, among others, filed an information request with the Agriculture and Livestock Service (the “SAG”), a department of the State’s Ministry of Agriculture, requesting information and documents related to transgenic crops and their location.The national director of the SAG failed to answer the request within the time …Read more

Tags: Awareness, Biohazard, Biosafety, Contamination, Disclosure, Food safety, Freedom of information, Genetically-modified food, Non-disclosure
Download Judgment: English Spanish

Ngobe Indigenous Communities v. Panama

Country: Panama
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 75/09, Petition 286-08, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Public safety, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to a clean environment, Right to due process/fair trial, Right to liberty and security of person, Right to participation, Right to property, Rights to the benefits of culture
Facts:

In May 2007, the State of Panama, without community consultation, granted a concession for the construction of a hydroelectric dam within the traditional lands of an indigenous community, the Ngöbe. Although the construction of the dam was still in its initial stages at the time the petition was filed, the petitioner alleged that the work …Read more

Tags: Air pollution, Assault, Children, Clean water, Cleanliness, Contamination, Drinking water, Environmental degradation, Environmental hazards, Forced displacement, Indigenous groups, Law enforcement, Lung disease, Minor, Pediatric health, Police, Pollution, Potable water, Respiratory diseases, Safe drinking water, Waste management, Water pollution
Download Judgment: English Spanish

Community of La Oroya v. Peru

Country: Peru
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 76/09, Petition 1473-06, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Health care and health services, Sexual and reproductive health
Human Rights: Freedom of expression, Right to a clean environment, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to privacy
Facts:

Petitioners alleged that environmental pollution from a metallurgical complex in La Oroya, Peru caused a series of violations of the rights of community members. They alleged Peru was guilty by act and omission for its failure to control the metallurgical complex; its lack of supervision of the facility’s operation; and its failure to adopt measures …Read more

Tags: Access to health care, Access to treatment, Asthma, Biohazard, Biosafety, Cancer, Child development, Child mortality, Children, Contamination, Diagnostics, Heart disease, Industrial waste, Infant health, Infant mortality, Infertility, Kidney disease, Lung disease, Maternal health, Minor, Neurological diseases, Poisoning, Pollution, Respiratory diseases, Skin disease, Toxic waste
Download Judgment: English Spanish

Miroslav Grcev and Stamen Filipov to the Constitutional Court

Country: Macedonia
Year: 2009
Court: Constitutional Court
Citation: 261/2008-0-0
Health Topics: Child and adolescent health, Environmental health, Health information, Tobacco
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of movement and residence, Right to health, Right to life
Facts:

This case was heard together with case 70/2009-0-0. The Petitioners, Miroslav Grcev and Stamen Filipov, challenged the constitutionality of the Anti-Smoking Law (the Law). The Law banned smoking in public premises, advertising cigarettes, and selling cigarettes to persons under the age of 16. Public premises included institutions for education, health, state administration,  public transport, and …Read more

Tags: Advertising, Air pollution, Awareness, Children, Minor, Passive smoking, Pediatric health, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Macedonian

Miroslav Grcev and Stamen Filipov to the Constitutional Court

Country: Macedonia
Year: 2009
Court: Constitutional Court
Citation: 70/2009-0-0
Health Topics: Child and adolescent health, Environmental health, Health information, Tobacco
Human Rights: Freedom from discrimination, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to a clean environment, Right to health, Right to life, Right to privacy
Facts:

This case was heard together with case 261/2008-0-0. The Petitioners, Miroslav Grcev and Stamen Filipov, challenged the constitutionality of the Anti-Smoking Law (the Law). The Law banned smoking in public premises, advertising cigarettes, and selling cigarettes to persons under the age of 16. Public premises included institutions for education, health, state administration,  public transport, and …Read more

Tags: Advertising, Air pollution, Awareness, Children, Minor, Passive smoking, Pediatric health, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Macedonian

Agência Nacional de Vigilância Sanitária (ANVISA) v. Philip Morris Brasil Ind. Com. Ltda.

Country: Brazil
Year: 2009
Court: Tribunal Regional da 2a Regiao (Regional Federal Court of the 2nd Region)
Citation: Agência Nacional de Vigilância Sanitária (ANVISA) v. Philip Morris Brasil Ind. Com. Ltda., No. 2009.02.01.006674-2, Tribunal Regional da 2a Regiao [Regional Federal Court of the 2nd Region] (2009).
Health Topics: Controlled substances, Tobacco
Human Rights: Freedom of expression, Right to health
Facts:

ANVISA (National Agency for Health Surveillance), brought action seeking a review of the lower court’s decision allowing Phillip Morris to refrain from placing the health warnings on the packaging of its tobacco products as required by Resolution 54/2008. The plaintiff alleged that failure to follow the tobacco-control regulation requiring tobacco companies to place a warning …Read more

Tags: Contamination, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Portuguese

Unión Tabacalera del Paraguay, et al. s/ Amparo Constitucional

Country: Paraguay
Year: 2009
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 6 octubre 2006, Sentencia No. 916 (2009)(Para.).
Health Topics: Controlled substances, Health information, Tobacco
Human Rights: Freedom of expression, Right of access to information
Facts:

Petitioner (a consortium of tobacco companies) sought to strike down Resolution N°298 of the Ministry of Public Health SG No. 298, which established stricter and more compelling warning requirements for cigarrette boxes and labels. The consortium alleged the Resolution (of administrative decree status –i.e, infra-legal) had been issued in violation of a hierarchically superior norm, …Read more

Tags: Advertising, Awareness, Health data, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish

Women on Waves and Others v. Portugal

Country: Portugal
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 31276/05
Health Topics: Sexual and reproductive health
Human Rights: Freedom of association, Freedom of expression
Facts:

In 2004, three associations sent the ship Borndiep to Portugal where abortion was illegal that would stage activities promoting the decriminalization of abortion including distribution of drugs that can induce abortion. Aware of the project, the Portuguese Government prevented the boat from entering its national territory. The three plaintiffs sued Portugal in national courts, which …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Condoms, Contraception, Contraceptives, Family planning
Download Judgment: French Portuguese

Frankowicz v. Poland

Country: Poland
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 53025/99
Health Topics: Health information
Human Rights: Freedom of expression, Right to due process/fair trial
Facts:

Frankowicz worked as a gynecologist preparing medical reports at clients’ request. He wrote a report on the long-term treatment of one of his patients in which it was noted that the client was suffering from chronic hepatitis and cirrhosis. Furthermore, Frankowicz wrote that the client’s previous doctor “had failed to take the actions [necessary] for …Read more

Tags: Freedom of information, Health care professionals, Health care workers, Health records, Medical records, Non-disclosure, Notification
Download Judgment: English

Mahesh Bhatt, et al. v. Union of India and another

Country: India
Year: 2008
Court: High Court - Delhi
Citation: 2008 Bus LR 366 (Del); 147 (2008) DLT 561
Health Topics: Tobacco
Human Rights: Freedom of expression, Right to health, Right to life
Facts:

Three writ petitions were clubbed together by the Court owing to the similarity in questions to be decided. The first Petitioner, Mr. Mahesh Bhatt, was a film maker. The second and third petitioners were engaged in the publication of the newspaper, The Hindu. The Petitioners challenged the validity of the Cigarette and Other Tobacco Products …Read more

Tags: Advertising, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

I.V. v. Bolivia (Admissibility)

Country: Bolivia
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 40/08, Petition 270-07, July 23, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Informed consent, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to privacy
Facts:

In 2000, the Ombudsman of Bolivia, on behalf of the victim, lodged a petition to the Inter-American Commission on Human Rights alleging that victim was submitted to a surgical procedure of ligature of the fallopian tubes in a public hospital without her informed consent and this was therefore an involuntary sterilization. The Ombudsman further alleged …Read more

Tags: Caesarean, Childbirth, Forced sterilization, Forced treatment, Infertility, Informed choice, Involuntary sterilization, Involuntary treatment, Maternal health, Maternal mortality, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
Download Judgment: English Spanish

Case SK 16/071

Country: Poland
Year: 2008
Court: Constitutional Tribunal
Health Topics: Health information, Health systems and financing, Medical malpractice
Human Rights: Freedom of expression, Right of access to information
Facts:

The complainant’s principle allegation was that the portion of Article 52(2) of the Code of Medical Ethics (the “Code”) that read “a physician shall not discredit another physician publicly in any way whatsoever” violated the freedom of expression guaranteed in Article 54 of the Constitution of the Republic of Poland (the “Constitution”). The complainant was …Read more

Tags: Awareness, Freedom of information, Health care professionals, Health care workers, Health regulation, Inappropriate treatment
Download Judgment: English Polish
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