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107 judgments found.
Country:
United Kingdom Year: 1998
Court: European Court of Human Rights
Citation: Application No. 21825/93 and 23414/94; (1999) 27 EHRR 1
Health Topics:
Chronic and noncommunicable diseases,
Environmental health,
Health information,
Health systems and financing Human Rights: Right of access to information,
Right to health,
Right to privacy Facts: McGinley (M) and Egan (E) were servicemen who had been present on a Pacific island in 1958 when atmospheric tests of nuclear weapons had been carried out (five in M’s case and one in that of E). During the tests service personnel had been ordered to line-up in the open and to face away from …Read more
Tags: Access to health care,
Awareness,
Biohazard,
Freedom of information,
Health records,
Medical records,
Military,
Non-communicable diseases,
Non-disclosure,
Notification,
Nuclear radiation,
Social security
Country:
South Africa Year: 1996
Court: High Court
Citation: 1996 (4) SA 292 (T)
Health Topics:
Health information,
HIV/AIDS,
Infectious diseases,
Informed consent,
Prisons Human Rights: Right of access to information,
Right to privacy Facts: While a prisoner in custody of the defendant, the plaintiff was informed by the prison nurse in the presence of other prisoners that he was to undergo a blood test for HIV and that he had the right to refuse such test. This information was repeated to the plaintiff in a closed consulting room, but …Read more
Tags: AIDS,
Compulsory testing,
Confidentiality,
Custody,
HIV,
HIV positive,
HIV status,
Imprisonment,
Incarceration,
Informed choice,
Inmate,
Involuntary testing,
Jail,
Mandatory testing,
Most-at-risk,
Non-consensual testing and treatment,
Patient choice,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Transmission
Country:
Australia Year: 1996
Court: High Court
Citation: (1996) 186 CLR 71; (1996) 43 ALD 481; (1996) 138 ALR 259; (1996) 70 ALJR 772; [1996] 13 Leg Rep 11; [1996] HCA 57
Health Topics:
Health information,
Informed consent,
Medical malpractice Human Rights: Right of access to information,
Right to bodily integrity,
Right to property Facts: In 1977, Julie Breen had a bilateral augmentation mammoplasty which involved the insertion of a silicone implant in each of her breasts. She later developed a complication in the way of bilateral breast capsules. In 1978, she sought the opinion of Dr. Cholmondeley Williams, who had not performed the original procedure. Dr. Williams advised Breen …Read more
Tags: Confidentiality,
Disclosure,
Drug safety,
Duty of care,
Health information,
Health records,
Informed choice,
Medical records,
Patient choice,
Standard of care,
Tort
Country:
Argentina Year: 1996
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 77. XXX.
Health Topics:
HIV/AIDS,
Informed consent,
Public safety Human Rights: Right of access to information,
Right to bodily integrity,
Right to health,
Right to life,
Right to privacy,
Right to work Facts: The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Argentine Federal Police, which issued a resolution forcing the plaintiff to retire from the police force due to being HIV positive. The HIV test was performed without the consent of the plaintiff, which constituted a violation of his right to privacy. …Read more
Tags: Compulsory testing,
discrimination,
HIV positive,
HIV/AIDS,
Non-consensual testing and treatment,
People living with HIV/ AIDS,
Right to bodily integrity,
Right to Health,
Right to Life,
Right to Privacy,
Right to work
Country:
Finland Year: 1995
Court: European Court of Human Rights
Citation: App. No. 17506/90, 32 Eur. H.R. Rep. 8 (2001).
Health Topics:
Disabilities,
Health systems and financing,
Occupational health Human Rights: Right of access to information,
Right to due process/fair trial Facts: The applicant was a Finnish national who had retired from the military after receiving a shrapnel wound in his back during his service in the wars between Finland and the Soviet Union. Although the State Office for Accident Compensation (Compensation Office) acknowledged that the shrapnel wound was a “military injury” for purposes of compensation under …Read more
Tags: Compensation,
Disabled,
Employment,
Handicapped,
Military,
Notification,
Occupational hazards,
Occupational health and safety,
Physically challenged,
Social security,
Workers' compensation
Country:
United States Year: 1994
Court: 6th Circuit Court of Appeal
Citation: 21 F.3d 733 (1994)
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Infectious diseases,
Medicines,
Prisons Human Rights: Right of access to information,
Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: The Appellant, Doe, a prisoner incarcerated in Kentucky, brought this challenge alleging his constitutional rights under the Eighth and Fourteenth Amendments were violated by Policy 13.5 (the Policy), a Kentucky rule which restricted the eligibility of inmates for “at-request” HIV testing. In January 1989, at an initial medical screening following his incarceration, Doe requested that …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Antiretrovirals,
ARVs,
Confidentiality,
Cruel and unusual punishment,
Detention,
Disclosure,
Examination,
First-line treatment,
Health data,
Health information,
Heart disease,
Imprisonment,
Inmate,
Jail,
Medical records,
Non-disclosure,
Noncommunicable diseases,
Pharmaceuticals,
Second-line treatment,
Secondary care,
Secrecy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Tertiary care,
Torture
Country:
Australia Year: 1992
Court: High Court
Citation: (1992) 175 CLR 479; [1992] HCA 58
Health Topics:
Disabilities,
Informed consent,
Medical malpractice Human Rights: Right of access to information,
Right to bodily integrity Facts: Appellant doctor appealed an award of $808,564.38 to respondent patient. Appellant doctor had operated on the right eye of respondent patient in an attempt to improve its appearance and restore some sight as respondent patient’s right eye had been sightless from a previous injury. The lower court had found that appellant doctor had operated with …Read more
Tags: Blind,
Disabled,
Duty of care,
Handicapped,
Informed choice,
Negligence,
Patient choice,
Physically challenged,
Standard of care,
Tort
Country:
Ireland Year: 1992
Court: European Court of Human Rights
Citation: Application No. 14234/88 and 14235/88; (1993) 15 EHRR 244; [1992] ECHR 68; (1992) 246 Eur. Ct. H.R. (ser A)
Health Topics:
Health care and health services,
Health information,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom of expression,
Right of access to information,
Right to life,
Right to privacy Facts: The Applicants were two Irish companies that provided counseling to pregnant women, Open Door Counselling Ltd. and Dublin Well Woman Centre Ltd.; two counselors who worked for Dublin Well Woman, Bonnie Maher and Ann Downes; and two women of childbearing age, Mrs. X and Mrs. Geraghty. The Society for the Protection of Unborn Children brought …Read more
Tags: Abortion,
Abortion counseling,
Access to health care,
Access to treatment,
Advertising,
Awareness,
Childbirth,
Criminalization,
Family planning,
Freedom of information,
Health promotion,
Maternal health,
Maternal mortality,
Notification,
Pregnancy,
Termination of pregnancy,
Therapeutic abortion,
Unsafe abortion
Country:
Austria Year: 1992
Court: European Commission on Human Rights
Citation: App. No. 10533/83, Eur. Ct. H.R. 58 (1992).
Health Topics:
Diet and nutrition,
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of expression,
Right of access to information,
Right to family life,
Right to liberty and security of person Facts: Applicant, a Hungarian national, served a prison sentence during which he assaulted prison officers, other detainees and threatened judges. He served a six-month pre-detention period in a facility for mentally ill offenders where he remained until his conditional release. He claims that his rights pursuant to Article 5 of the European Convention of Human Rights …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Hunger strike,
Imprisonment,
Incarceration,
Incompetence,
Inhuman treatment,
Inmate,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Paranoia,
Psychiatry,
Starvation,
Torture
Country:
United Kingdom Year: 1992
Court: Court of Appeal, Civil Division
Citation: [1992] 4 All ER 649, CA
Health Topics:
Health care and health services,
Informed consent,
Mental health Human Rights: Right of access to information,
Right to bodily integrity Facts: This case dealt with the right to choose how to live, specifically regarding the right to refuse a blood transfusion. Miss T had been raised by her mother, a Jehovah’s witness, but was never baptized into the faith and had told her boyfriend and father that she was not a Jehovah’s Witness. She was 34 …Read more
Tags: Emergency care,
Health care professionals,
Health care workers,
Incapacity,
Incompetence,
Informed choice,
Involuntary treatment,
Mental competence,
Non-consensual testing and treatment,
Patient choice,
Unauthorized treatment
Country:
France Year: 1992
Court: European Court of Human Rights
Citation: App. No. 18020/91, 14 Eur. H.R. Rep. 483 (1992).
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Infectious diseases,
Medical malpractice Human Rights: Right of access to information,
Right to due process/fair trial Facts: The applicant was given a number of blood transfusions and was found to have been infected with the AIDS virus. He alleged that he had been infected a result negligent delay of the Minister for Solidarity, Health and Social Protection in implementing appropriate rules for the supply of blood products. After having made unsuccessful efforts …Read more
Tags: AIDS,
Blood transfusion,
Compensation,
Damages,
HIV,
HIV positive,
HIV status,
Negligence,
People living with HIV/AIDS,
PLHIV,
Remedies,
Sexually transmitted diseases,
Sexually transmitted infections,
Smallpox,
STDs,
STIs,
Transmission
Country:
Canada Year: 1992
Court: Supreme Court of Canada
Citation: [1992] 2 S.C.R. 138
Health Topics:
Health care and health services,
Health information,
Hospitals Human Rights: Right of access to information Facts: The respondent, patient, had requested copies of her complete medical records from her physician, the appellant. The patient’s physician provided copies of all the records that she had prepared to the patient. However, she refused to provide copies of the medical reports and records, which she had received from other physicians who had treated the …Read more
Tags: Access to health care,
Clinics,
Confidentiality,
Disclosure,
Freedom of information,
Health data,
Health facilities,
Health information,
Health records,
Medical records,
Non-disclosure,
Secrecy
Country:
United States Year: 1991
Court: Supreme Court
Citation: 500 U.S. 173 (1991)
Health Topics:
Health care and health services,
Health information,
Sexual and reproductive health Human Rights: Right of access to information,
Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: In 1970, Congress enacted Title X of the Public Health Service Act (the Act), which provided federal funding for family planning services. Section 1008 of the Act prohibited the use of Title X federal funding “for programs where abortion [was] a method of family planning.” The Regulations to the Act (the Regulations), introduced by the …Read more
Tags: Abortion,
Access to treatment,
Family planning,
Health expenditures,
Health funding,
Health spending,
Indigent,
Low income,
Maternal health,
Maternal mortality,
Poor,
Pregnancy,
Subsidies,
Termination of pregnancy
Country:
Ireland Year: 1991
Court: European Court of Justice
Citation: [1991] ECR 1-4733
Health Topics:
Health care and health services,
Health information,
Hospitals,
Sexual and reproductive health Human Rights: Freedom of expression,
Right of access to information Facts: The plaintiff, the Society for the Protection of Unborn Children, an Irish company whose purpose was to prevent the decriminalization of abortion, brought a suit against the defendants, including Stephen Grogan and fourteen other officers of Irish student organizations, for their distribution of “specific information relating to the identity and location of clinics” in other …Read more
Tags: Abortion,
Access to healthcare,
Advertising,
Awareness,
Clinics,
Criminalization,
Health care professionals,
Health education,
Pregnancy; Termination of pregnancy
Country:
India Year: 1986
Court: High Court - Rajasthan
Citation: AIR 1988 Raj 2; 1987 (1) WLN 134
Health Topics:
Environmental health,
Health information,
Water, sanitation and hygiene Human Rights: Freedom of expression,
Right of access to information,
Right to a clean environment,
Right to life Facts: LK Koolwal, the Petitioner, sought to enforce the Rajasthan Municipalities Act, 1959 (the Act) in the city of Jaipur. Under the Act, the Municipality has a duty to clean public places of all filth. The Petitioner contended that several areas in Jaipur were frought with sanitation problems and the Municipality was not performing its duties …Read more
Tags: Awareness,
Freedom of information,
Pollution,
Sewage,
Waste management
Country:
United States Year: 1980
Court: 10th Circuit Court of Appeal
Citation: 639 F.2d 559 (1980)
Health Topics:
Diet and nutrition,
Health care and health services,
Health systems and financing,
Hospitals,
Medical malpractice,
Mental health,
Prisons,
Violence,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of association,
Freedom of expression,
Right of access to information,
Right to due process/fair trial,
Right to family life,
Right to food,
Right to health,
Right to privacy Facts: This case was an appeal by the State of Colorado (“Colorado”) and Colorado prison officials, challenging an order from the Colorado Federal District Court directing the State of Colorado to close the maximum security unit of the Colorado State Penitentiary at Canon City (“Old Max”). Inmate Fidel Ramos filed a complaint alleging that the conditions …Read more
Tags: Access to health care,
Access to treatment,
Assault,
Budget,
Cruel and unusual punishment,
Cruel treatment,
Emergency care,
Food,
Food safety,
Garbage,
Health care professionals,
Health care workers,
Health expenditures,
Health facilities,
Health funding,
Health spending,
Imprisonment,
Inappropriate treatment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Mental disorder,
Mental illness,
Misdiagnosis,
Prison conditions,
Psychiatry,
Psychology,
Sewage,
Trash,
Waste,
Waste management
Country:
United States Year: 1976
Court: Supreme Court
Citation: 425 U.S. 748 (1976)
Health Topics:
Health information,
Medicines Human Rights: Freedom of expression,
Right of access to information Facts: The Respondents, consumers of prescription drugs and non-profit organizations in Virginia, brought proceedings against the Virginia State Pharmacy Board, alleging that a Virginia statute prohibiting the advertising of prescription drug prices violated the freedom of speech clause of the First Amendment. Section 54-524.35 of the Virginia statute provided that: “a pharmacist licensed in Virginia was …Read more
Tags: Access to drugs,
Access to medicines,
Advertising,
Drug quality,
Drug safety,
Manufacturing,
Pharmaceuticals