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107 judgments found.
Country:
United Kingdom Year: 2006
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2006] EWHC 37 (Admin)
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Infectious diseases,
Sexual and reproductive health Human Rights: Freedom of expression,
Right of access to information,
Right to family life,
Right to privacy Facts: The Applicant, Sue Axon, alleged that the Family Planning Association violated the rights of parents under article 8 of the European Convention on Human Rights (ECHR) (right to respect for private and family life). The Association provided confidential advice and treatment regarding contraception, sexually transmitted infections and abortion to persons under the age of sixteen …Read more
Tags: Abortion,
Abortion counseling,
Access to health care,
Access to treatment,
Birth control,
Childbirth,
Children,
Confidentiality,
Contraception,
Contraceptives,
Disclosure,
Family planning,
Maternal health,
Maternal mortality,
Minor,
Non-disclosure,
Notification,
Parental consent,
Parental notification,
Pregnancy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Termination of pregnancy
Country:
Peru Year: 2006
Court: Constitutional Court of Peru
Citation: Tribunal Constitucional [Constitutional Court] Nov. 13, 2006, Sentencia 7435-2006-PC/TC (Peru).
Health Topics:
Health care and health services,
Health information,
Health systems and financing,
Medicines,
Poverty,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right of access to information,
Right to bodily integrity,
Right to family life,
Right to health,
Right to life Facts: In 2001, Peru’s Department of Health approved the emergency oral contraceptive and resolved to provide it at no charge throughout the nation. Following cases of repeated noncompliance with this resolution, plaintiffs initiated this legal action to enforce compliance. Specifically, the petitioners asserted that the mandates whose compliance they were demanding were: (1) To ensure a …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Contraception,
Contraceptives,
Counseling,
Family planning,
Health education,
Health regulation,
Low income,
Poor,
Public hospitals
Country:
Hungary Year: 2006
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 4/2004, U.N. Doc. CEDAW/C/36/D/4/2004 (July 14, 2006).
Health Topics:
Health care and health services,
Hospitals,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right of access to information,
Right to family life,
Right to health Facts: A.S., a Hungarian-Roma woman in labor, was taken to a public hospital in shock and bleeding heavily. Because the fetus was dead, attending personnel informed her that a caesarean section was needed to remove the fetus. While on the operating table, she was asked to sign a statement of consent, including a hand-written note requesting …Read more
Tags: Caesarean,
Compulsory sterilization,
Forced sterilization,
Informed choice,
Involuntary sterilization,
Sterilization
Country:
United Kingdom Year: 2005
Court:
Citation: Roche v. U.K., App. No. 32555/96, 42 Eur. H.R. Rep. 30 (2006).
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Occupational health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of expression,
Right of access to information,
Right to due process/fair trial,
Right to health,
Right to privacy,
Right to property Facts: Applicant, a United Kingdom national who had served in the British Army, maintains that his health problems, which left him handicapped, were the result of his participation in mustard and nerve gas tests conducted while he served in the British Armed Forces at the Chemical and Biological Defense Establishment (CBDE) at Porton Down Barracks (England) …Read more
Tags: Asthma,
Awareness,
Contamination,
Cruel treatment,
Degrading treatment,
Duty of care,
Inhuman treatment,
Negligence,
Notification,
Pollution,
Respiratory diseases,
Tort,
Torture,
Toxic waste
Country:
France Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass civ I, n°02-10957, 7 December 2004
Health Topics:
Informed consent,
Medical malpractice Human Rights: Right of access to information Facts: After a tympanoplasty procedure provided by Dr. Y, Mrs. X suffered from partial facial paralysis. Mrs. X sought damages for the entire facial paralysis that she suffered, claiming that Dr. Y had violated the doctor’s duty to fully inform patients of the potential consequences of a medical procedure. The lower court awarded Mrs. X damages, and …Read more
Tags: Compensation,
Damages,
Duty of care,
Health care professionals,
Informed choice,
Patient choice,
Remedies,
Standard of care,
Tort
Country:
France Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass Civ I, n°94-19685, 25 February 1997
Health Topics:
Health care and health services,
Health information,
Informed consent,
Medical malpractice Human Rights: Right of access to information Facts: After a colonoscopy, a patient suffered from intestinal perforation. The patient sued the doctor for not having provided information on the possible risks of the surgery to him prior to the surgery. The Court of Appeal held that the patient had the burden to prove that the doctor had breached his duty to inform, and …Read more
Tags: Awareness,
Compensation,
Counseling,
Damages,
Diagnostics,
Duty of care,
Freedom of information,
Informed choice,
Notification,
Patient choice,
Secrecy,
Standard of care
Country:
France Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Appeal No. 97-10267. Cass civ I, 7 October 1998.
Health Topics:
Health information,
Informed consent,
Medical malpractice Human Rights: Right of access to information,
Right to health Facts: Mrs. X was treated for persistent kyphosis (curvature of the spine) by Dr. Y. After her spinal graft operation, she developed a problem with her eye known as cavernous sinus thrombosis. As a result, she lost sight in her left eye. Mrs. X sued Dr. Y for failing to inform her about all of the risks …Read more
Tags: Awareness,
Duty of care,
Informed choice,
Notification,
Patient choice,
Standard of care
Country:
Argentina Year: 2005
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Z. 215. XXXIX.
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Informed consent Human Rights: Freedom of religion,
Right of access to information,
Right to bodily integrity,
Right to health,
Right to life,
Right to privacy,
Right to social security Facts: The plaintiff filed a suit against the National Institute of Social Services for Retiree [Instituto Nacional de Servicios Sociales para Jubilados y Pensionados] and Prestaciones Médico Asistenciales S.A. [PAMI] for the reimbursement of the surgical procedure the plaintiff had to go through in a Hospital that wasn’t designated by the health insurance company. This occurred because …Read more
Tags: Access to healthcare,
Access to treatment,
Freedom of Thought,
Health care professionals,
Health information,
Health insurance,
Informed choice,
Informed consent
Country:
Canada Year: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics:
Disabilities,
Health care and health services,
Health information,
Hospitals,
Medicines,
Mental health Human Rights: Right of access to information,
Right to due process/fair trial,
Right to privacy Facts: Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more
Tags: Compensation,
Confidentiality,
Damages,
Depression,
Differently abled,
Disabled,
Disclosure,
Duty of care,
Handicapped,
Health care professionals,
Health care workers,
Health records,
Inadequate treatment,
Inappropriate treatment,
Medical records,
Mental disorder,
Mental illness,
Negligence,
Non-disclosure,
Physically challenged,
Remedies,
Secrecy,
Standard of care,
Tort
Country:
India Year: 2004
Court: High Court - Rajasthan
Citation: RLW 2005 (1) Raj 486; 2005 (1) WLC 52
Health Topics:
Chronic and noncommunicable diseases,
Diet and nutrition,
Environmental health,
Health information,
Public safety,
Water, sanitation and hygiene Human Rights: Freedom of expression,
Right of access to information,
Right to life,
Right to water and sanitation Facts: The case concerned a claim that the sale of PepsiCo and Coca-Cola carbonated beverages should be banned on the account that they are contaminated with pesticide residue and suspended impurities and are therefore harmful to human life. The petitioners relied on the report published by the Centre for Science and Environment (“CSE”), which conducted an …Read more
Tags: Awareness,
Cancer,
Clean water,
Disclosure,
Food,
Food poisoning,
Food safety,
Freedom of information,
Pesticide,
Poisoning,
Potable water,
Safe drinking water
Country:
Turkey Year: 2004
Court: European Court of Human Rights
Citation: Application No. 48939/99; (2005) 41 EHRR 20; [2004] ECHR 657; 18 BHRC 145, (2005); [2004] Inquest LR 108
Health Topics:
Disasters and emergencies,
Environmental health,
Health information,
Poverty,
Water, sanitation and hygiene Human Rights: Right of access to information,
Right to due process/fair trial,
Right to family life,
Right to housing,
Right to life Facts: A household-rubbish tip, or dump, was created in the Ümraniye district of Istanbul. Illegal dwellings were constructed around the rubbish tip. A report found that the rubbish tip posed health risks and the possibility of explosion. In April 1993 there was a methane explosion which triggered a landslide. Nine of the applicants’ family members were …Read more
Tags: Awareness,
Cleanliness,
Cleansliness,
Contamination,
Environmental hazards,
Forced displacement,
Garbage,
Indigent,
Law enforcement,
Low income,
Manmade disaster,
Pollution,
Poor,
Sewage,
Trash,
Underprivileged,
Waste,
Waste management
Country:
United Kingdom Year: 2004
Court: High Court of Justice, Queen's Bench Division
Citation: [2004] EWHC 644 (QB), [2005] Lloyds Rep Med 1, [2004] 2 FLR 365, [2005] 2 WLR 358, [2004] Fam Law 501, [2005] QB 506, [2004] 3 FCR 324, [2005] Lloyd's Rep Med 1, (2004) 77 BMLR 145
Health Topics:
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medical malpractice,
Mental health,
Sexual and reproductive health Human Rights: Right of access to information,
Right to bodily integrity,
Right to family life Facts: In 1999, it was disclosed that for many years tissue and organs had been taken at or after post-mortems on deceased children, which were retained without the knowledge of the parents. Hospital post-mortem examinations were generally carried out following the death of a person in a hospital, provided, in accordance with the Human Tissue Act …Read more
Tags: Awareness,
Childbirth,
Depression,
Diagnostics,
Disclosure,
Duty of care,
Examination,
Family planning,
Health care professionals,
Health care workers,
Health facilities,
Informed choice,
Mental disorder,
Miscarriage,
Negligence,
Non-disclosure,
Notification,
Parental consent,
Patient choice,
Pregnancy,
Public hospitals,
Testing,
Tort,
Trauma
Country:
China Year: 2003
Court: Intermediate People’s Court of Nanjing City [中华人民共和国江苏省南京市中级人民法院]
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right of access to information Facts: The Plaintiffs Zhen Xuefeng and Chen Guoqing were a married couple seeking a fertility treatment. They signed a contract regarding such assisted reproduction with defendant People’s hospital of Jiangsu Province (“People’s hospital”). The contract did not specify which of two fertilization techniques (Intra-Cytoplasmic Sperm Injection (“ICSI”) or In Vitro Fertilization (“IVF”)) would be used, however …Read more
Tags: Assisted reproductive technology,
Compensation,
Damages,
Emergency care,
Fertility,
Health care technology,
In utero fertilization,
In vitro fertilization,
Inappropriate treatment,
Infertility,
Informed choice,
Involuntary treatment,
Non-consensual testing and treatment,
Patient choice,
Public hospitals,
Remedies,
Unauthorized treatment
Country:
Finland Year: 2003
Court: European Court of Human Rights
Citation: App. No. 27751/95, Eur. Ct. H.R. 27 (2003).
Health Topics:
Child and adolescent health,
Controlled substances,
Health care and health services,
Mental health,
Tobacco Human Rights: Right of access to information,
Right to family life,
Right to privacy Facts: The applicant, a father of three young children, claimed a violation of his right to respect for his private and family life and home under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Convention), when Finnish authorities placed his children in public care in response to allegations of …Read more
Tags: Addiction,
Child development,
Children,
Liquor,
Mental disorder,
Mental illness,
Minor,
Molestation,
Sexual abuse,
Substance abuse
Country:
Argentina Year: 2003
Court: Superior Court of Justice of the Autonomous City of Buenos Aires [Tribunal Superior de Justicia de la Ciudad Autónoma de Buenos Aires]
Citation: Expte. nº 480/00
Health Topics:
Child and adolescent health,
Health information,
HIV/AIDS,
Sexual and reproductive health Human Rights: Right of access to information,
Right to family life,
Right to life Facts: The League of Housewives, Consumers and Users of Argentina [Liga de Amas de Casa, Consumidores y Usuarios de la República Argentina] requested that judiciary declare that articles 5 and 7 of Act 418 and its amendment 439 of the City of Buenos Aires were contrary to the National Constitution. The Plaintiff alleged that under the …Read more
Tags: Abortion,
AIDS,
Awareness,
Birth control,
Condoms,
Contraception,
Contraceptives,
Family planning,
Health education,
Health promotion,
HIV,
Parental consent,
Pregnancy
Country:
Ukraine Year: 2003
Court: The European Court of Human Rights
Citation: Application No. 41220/98
Health Topics:
Diet and nutrition,
Health care and health services,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right of access to information,
Right to family life Facts: The applicant was arrested and detained in Krasnodar, Russia and was transferred to a detention facility. The applicant was convicted of conspiring and carrying out organized crime, aiding and abetting and attempting murder. He was sentence to death by the Criminal Division of the Supreme Court. On the same day he was moved to cells …Read more
Tags: Access to health care,
Access to treatment,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Diet,
Examination,
Execution,
Humiliating treatment,
Imprisonment,
Inhuman treatment,
Inmate,
Jail,
Prison conditions,
Solitary confinement
Country:
Uganda Year: 2003
Court: High Court of Uganda at Kampala
Citation: British American Tobacco Limited v. The Environmental Action Network Ltd., Civil Appl. No. 27 of 2003 (Uganda).
Health Topics:
Tobacco Human Rights: Right of access to information,
Right to life Facts: The applicant, the Environmental Action Network Ltd (TEAN) brought a notice of motion against British American Tobacco Limited (BAT), alleging that BAT failed to warn consumers of the danger of its tobacco products, violating consumers’ right to life as enshrined in Article 22 of the Constitution of the Republic of Uganda. Further, TEAN requested that …Read more
Tags: Tobacco control
Country:
India Year: 2002
Court: High Court - Bombay
Citation: AIR 2002 Bom 97; 2002 (3) BomCR 416; (2002) 1 BOMLR 504
Health Topics:
Health information Human Rights: Freedom of expression,
Right of access to information Facts: This judgment is a joint judgment of two separate but nearly identical writ petitions. The first petitioner sought to attend an enquiry by the Maharashtra Medical Council, the first respondent, investigating a malpractice complaint against a former doctor, Dr. P. B. Desai, who was a nationally known figure. The first respondent denied the first petitioner …Read more
Tags: Awareness,
Freedom of information
Country:
United Kingdom Year: 2002
Court: Court of Appeal, Civil Division
Citation: [2002] EWCA Civ 195
Health Topics:
Health information,
HIV/AIDS,
Infectious diseases Human Rights: Freedom of expression,
Right of access to information,
Right to privacy Facts: H was diagnosed as HIV positive whilst working as a care worker for the second respondent, N, the responsible health authority. Upon being diagnosed, H ceased to carry on practice as a healthcare worker and notified N of the reason for this. Under the Department of Health Guidelines (the ”guidelines”) patients who had undergone medical …Read more
Tags: AIDS,
Awareness,
Confidentiality,
Disclosure,
Freedom of information,
HIV,
HIV positive,
HIV status,
Non-disclosure,
Notification,
People living with HIV/AIDS,
PLHIV,
Secrecy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
France Year: 2001
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2001-446 DC, 27 June 2001
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Hospitals,
Informed consent,
Sexual and reproductive health Human Rights: Right of access to information,
Right to bodily integrity,
Right to health,
Right to liberty and security of person,
Right to life Facts: Before the promulgation of the Voluntary Interruption of Pregnancy Act, 78 senators made a referral to the French constitutional court challenging the constitutionality of the new bill according to article 61 of the French Constitution. The Act had three components. It extended to 12 weeks the period of time a woman could have an abortion …Read more
Tags: Abortion,
Abortion counseling,
Access to health care,
Children,
Counseling,
Criminalization,
Forced abortion,
Freedom of information,
Health facilities,
Infant mortality,
Informed choice,
Minor,
Patient choice,
Pregnancy,
Therapeutic abortion,
Unsafe abortion
Country:
France Year: 2001
Court: Cour de cassation [Court of Cassation]
Citation: Cass. civ I, n°00-14564, 9 October 2001
Health Topics:
Child and adolescent health,
Disabilities,
Health care and health services,
Health information,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right of access to information,
Right to health Facts: A doctor, Y, was treating Mrs. X during her pregnancy. Y suspected a breech presentation (buttocks- or feet-first presentation rather than the normal head-first presentation) during the 8th month of pregnancy. The mother wanted a home birth. On 12 January, the child was born in a home birth and as a result of inadequate medical …Read more
Tags: Awareness,
Caesarean,
Child development,
Children,
Disabled,
Emergency care,
Handicapped,
Health care technology,
Inadequate treatment,
Inappropriate treatment,
Informed choice,
Minor,
Non-evidence based treatment,
Patient choice,
Pediatric health,
Standard of care
Country:
Canada Year: 2001
Court: Ontario Court of Appeal
Citation: 56 OR (3d) 505; 208 DLR (4th) 577 (Ont CA)
Health Topics:
Health care and health services,
Health information,
Health systems and financing,
Hospitals Human Rights: Freedom from discrimination,
Right of access to information,
Rights to the benefits of culture Facts: Montfort Hospital appealed the Healthcare Services Restructuring Committee’s (HSRC) decision to transfer services away from the hospital. Montfort was a full-service, general hospital in Ontario that operated, trained health-care professionals and provided services in French on a full-time basis, servicing a large francophone population in eastern Ontario. Exercising its authority under the Public Hospitals Act, …Read more
Tags: Access to health care,
Access to treatment,
Awareness,
Budget,
Health care professionals,
Health care workers,
Health education,
Health expenditures,
Health facilities,
Health funding,
Health promotion,
Health regulation,
Health spending,
Primary care,
Public hospitals,
Secondary care,
Social security,
Tertiary care
Country:
Nigeria Year: 2000
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 225/98 (2000).
Health Topics:
Health care and health services,
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of association,
Right of access to information,
Right to due process/fair trial,
Right to liberty and security of person,
Right to property Facts: Huri-Laws, a non-governmental organization registered in Nigeria, filed on behalf of the Civil Liberties Organisation (CLO), another Nigerian organization based in Lagos, a complaint claiming that the Federal Military Government of Nigeria harassed and persecuted the latter’s legal staff in various forms that violated provisions of the African Charter on Human and Peoples’ Rights (Charter). …Read more
Tags: Abuse,
Access to health care,
Access to treatment,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Military,
Prison conditions,
Torture
Country:
Sri Lanka Year: 2000
Court: Supreme Court
Citation: SC Application No 884/99 (FR), unreported
Health Topics:
Environmental health,
Infectious diseases Human Rights: Freedom of movement and residence,
Right of access to information,
Right to a clean environment,
Right to development,
Right to work,
Rights to the benefits of culture Facts: The respondents entered into a draft agreement with a leading US mining company for the exploration of phosphate deposits in Eppawela, an agriculturally developed area of great historical importance and archaeological value. The proposed area of exploration was described as land ‘initially covering 56 square kilometers’. The petitioners, residents of Eppawela, started proceedings in the …Read more
Tags: Environmental degradation,
Forced displacement,
Industrial waste,
Malaria,
Pollution
Country:
Guyana Year: 1999
Court: High Court of the Supreme Court of Judicature
Citation: 65 WIR 157
Human Rights: Right of access to information,
Right to participation Facts: In accordance with s 1(c) of the First Schedule of the Medical Practitioners Act, 1991, the Guyana Medical Association, of which the applicant was the President, was requested by the Minister of Health to submit names of nominees for appointment to the Medical Council under a consultation process. Subsequently, the applicant requested reasons for the …Read more
Tags: Health care professionals
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Country:
Nigeria Year: 1998
Court: African Commission on Human and Peoples' Rights
Citation: AHRLR 212 (ACHPR 1998); Communications 137/94, 139/94, 154/96 and 161/97
Health Topics:
Health care and health services,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of association,
Freedom of expression,
Right of access to information,
Right to acquire nationality,
Right to due process/fair trial,
Right to health,
Right to liberty and security of person,
Right to life Facts: S, a writer and president of an Ogoni people’s movement, and L (the movement’s vice-president) were arrested in May 1994 after the murder of four Ogoni leaders following a riot which had occurred during a meeting organized by the movement. It was alleged that S was severely beaten during the first days of his detention …Read more
Tags: Abuse,
Access to health care,
Access to treatment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Execution,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Torture