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419 judgments found.
Country:
Ecuador Year: 2013
Court: Inter-American Court of Human Rights
Citation: Series C, No. 261, May 21, 2013
Health Topics:
Health systems and financing,
Hospitals,
Medical malpractice Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to health Facts: On June 28, 2000, Melba Suarez Peralta visited Dr. Emilio Guerrero Gutierrez as a result of abdomen pain, vomits, and fever. She was diagnosed with chronic appendicitis and informed she needed surgery. Three days later, she visited Guerrero in a private clinic and underwent appendix surgery performed by Dr. Jenny Bohorquez and assisted by Guerrero. …Read more
Tags: Clinics,
Compensation,
Health care professionals,
Health care workers,
Health regulation,
Inadequate treatment,
Inappropriate treatment,
Law enforcement,
Negligence,
Private hospitals,
Public hospitals
Country:
Australia Year: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2049/2011, CCPR/C/108/D/2094/2011
Health Topics:
Child and adolescent health,
Health care and health services,
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to liberty and security of person Facts: The authors, 37 Sri Lankan citizens held in Australian immigration detention facilities, alleged that the actions of the Australian government regarding their detention violated Articles 7, 9, 10, 17, 23, and 24 of the International Covenant on Civil and Political Rights (the “Covenant”). At the time of the submission, all of the authors were …Read more
Tags: Access to health care,
Access to treatment,
Asylum,
Child development,
Cruel treatment,
Degrading treatment,
Depression,
Detainee,
Detention,
Immigration,
Inhuman treatment,
Migrants,
Refugees,
Suicide
Country:
Australia Year: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2136/2012, CCPR/C/108/D/2136/2012
Health Topics:
Health care and health services,
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to liberty and security of person Facts: The authors, nine persons held in Australian immigration detention facilities, alleged violations of various articles (named below) of the International Covenant on Civil and Political Rights (the “Covenant”). The authors had different backgrounds. Two were Myanmarese citizens, six were Sri Lankan citizens, and one was a Kuwaiti citizen. They all entered Australian territorial waters on …Read more
Tags: Access to health care,
Access to treatment,
Asylum,
Cruel treatment,
Degrading treatment,
Depression,
Detainee,
Detention,
Immigration,
Inhuman treatment,
Mental illness,
Migrants,
Refugees
Country:
Armenia Year: 2013
Court: Court of Cassation (Հայաստանի Հանրապետության Վճռաբեկ դատարան)
Citation: Case No. ‘ԵԿԴ/0077/11/12’
Health Topics:
Health care and health services,
Hospitals,
Infectious diseases,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to due process/fair trial,
Right to life Facts: Arman Antonyan, the son of the applicant Susanna Antonyan, died upon receiving treatment at a medical institution. A. Antonyan’s death was caused by acute liver failure resulted from the fulminant viral malignant hepatitis B. On May 31, 2010, S. Antonyan reported to the RA General Prosecutor’s Office that after her son A. Antonyan received treatment …Read more
Tags: Duty of care,
Emergency care,
Examination,
Health care professionals,
Health care workers,
Health facilities,
Hepatitis,
Infertility,
Negligence,
Public hospitals,
Testing
Country:
Armenia Year: 2013
Court: Civil Court of Appeal [Հայաստանի Հանրապետության Վերաքննիչ քաղաքացիական դատարան]
Citation: Case № ԵԱՆԴ/0895/02/13
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Mental health Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: The appellant, Zhuleta Amarikyan, was compulsorily committed to inpatient psychiatric treatment on the request of the head of the psychiatric clinic. Amarikyan was diagnosed with acute delirium syndrome and was described as being a danger to herself and others and unable to control her actions. At the time of the trial of Amarikyan’s commitment, Amarikyan …Read more
Tags: Clinics,
Compulsory commitment,
Compulsory confinement,
Compulsory examination,
Compulsory treatment,
Diagnostics,
Forced examination,
Forced treatment,
Health care professionals,
Health care workers,
Health facilities,
Incapacity,
Incompetence,
Insanity,
Involuntary confinement,
Involuntary examination,
Involuntary treatment,
Mandatory commitment,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Non-consensual testing and treatment,
Patient choice,
Public hospitals
Country:
Russia Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28796/07
Health Topics:
Informed consent,
Mental health Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: Applicant, Petukhova, argued that she was deprived of her liberty when she was forced to have an involuntary examination. She alleged that this violated Article 5 § 1 (b) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”), which protects the right to liberty and security of person. In December 2005, …Read more
Tags: Compulsory examination,
Forced examination,
Informed consent,
Involuntary commitment,
Involuntary confinement,
Involuntary examination,
Mandatory examination,
Mental competence,
Mental disorder,
Mental health,
Mental illness,
Paranoia,
Patient choice,
Schizophrenia
Country:
Romania Year: 2013
Court: The European Court of Human Rights
Citation: CASE OF CSOMA v. ROMANIA (Application no. 8759/05) 2013
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to life,
Right to privacy Facts: The applicant in this case was a nurse who was pregnant and was being followed by a gynecologist, Dr. P.C, at the hospital where she had been working. At the 16th week of her pregnancy, hydrocephalus was diagnosed with the fetus and the pregnancy was determined to be interrupted. To induce the abortion, medications and …Read more
Country:
Bulgaria Year: 2013
Court: The European Court of Human Rights
Citation: CASE OF DIMITAR SHOPOV v. BULGARIA (Application no. 17253/07)
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life Facts: The applicant, a Bulgarian National, lodged a claim against the Republic of Bulgaria alleging that its authorities had failed to effectively investigate an assault against him by private individuals. The applicant was involved in a fight between several people on 1 May 1991 in which he was stabbed, admitted to hospital and underwent an urgent …Read more
Country:
United States Year: 2012
Court: Supreme Court
Citation: 132 S. Ct. 2566 (2012)
Health Topics:
Health care and health services,
Health systems and financing,
Poverty Human Rights: Right to due process/fair trial,
Right to liberty and security of person,
Right to property Facts: After significant political struggles, the US Congress enacted the Patient Protection and Affordable Care Act in 2010. This act had two components, 1) it obligated individuals to maintain “‘minimum essential’ health insurance coverage” through an individual mandate, 2) it contained an expansion of the federal Medicaid program that is run by US states. The constitutionality …Read more
Tags: Access to health care,
Access to treatment,
Health expenditures,
Health funding,
Health insurance,
Health regulation,
Health spending,
Indigent,
Low income,
Poor
Country:
Czech Republic Year: 2012
Court: European Court of Human Rights
Citation: Application No. 23419/07; [2012] ECHR 1960
Health Topics:
Informed consent,
Mental health Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: Milan Sykora, a Czech national, suffered from a psycho-social disability and did not take his medication because he claimed it negatively affected his eyesight. In November 2000 the Brno Municipal Court deprived Sykora of his capacity to make legal decisions after he failed to collect his pension for four years. The decision was made based …Read more
Tags: Compulsory commitment,
Compulsory examination,
Compulsory testing,
Compulsory treatment,
Forced examination,
Forced treatment,
Health care professionals,
Health care workers,
Incapacity,
Involuntary commitment,
Involuntary examination,
Involuntary testing,
Involuntary treatment,
Mandatory commitment,
Mandatory examination,
Mandatory testing,
Mandatory treatment,
Mental competence,
Mental disorder,
Mental illness,
Mental institution,
Non-consensual testing and treatment,
Paranoia,
Patient choice,
Psychiatry,
Psychosis,
Schizophrenia,
Unauthorized treatment
Country:
United Kingdom Year: 2012
Court: European Court of Human Rights
Citation: Application No. 2913/06; [2012] ECHR 1704
Health Topics:
Hospitals,
Mental health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Right to due process/fair trial,
Right to family life,
Right to liberty and security of person Facts: The Applicant, a UK citizen born in 1947, alleged that the seclusion policy (“Policy”) of Ashworth Special Hospital (“Ashworth”), the maximum security hospital where he was committed for a mental illness, violated the European Convention on Human Rights. After several instances of incarceration and hospitalization on account of various mental health issues, the applicant was …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Cruel treatment,
Degrading treatment,
Detainee,
Detention,
Incompetence,
Inhuman treatment,
Involuntary commitment,
Involuntary confinement,
Isolation,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Mental retardation,
Psychiatry,
Psychology,
Public hospitals,
Seclusion,
Torture
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
Country:
Guatemala Year: 2012
Court: Inter-American Court of Human Rights
Health Topics:
Child and adolescent health,
Diet and nutrition,
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Poverty,
Violence,
Water, sanitation and hygiene Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Freedom of religion,
Right to bodily integrity,
Right to development,
Right to due process/fair trial,
Right to family life,
Right to liberty and security of person,
Right to life,
Right to privacy,
Rights to the benefits of culture Facts: This case deals with the destruction of the Mayan community of Río Negro by a series of massacres perpetrated by the Guatemalan army and members of the civil self-defence patrols in 1980 and 1982 which, according to the IACmHR, included the persecution and elimination of members of the Mayan community, subsequent violations directed against the …Read more
Tags: Access to health care,
Assault,
Budget,
Child development,
Children,
Health promotion,
Low income,
Malnutrition,
Minor,
Poor,
Potable water,
Public hospital,
Rape,
Safe drinking water,
Sewage,
Sexual violence,
Violence against women
Country:
Kyrgyzstan Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication No. 1545/2007; CCPR/C/102/D/1545/2007
Health Topics:
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life Facts: On 21 May 1998 an unidentified person left a bag containing an improvised explosive device (‘IED’) in a minibus in Osh, Kyrgyzstan. Unaware of its contents, the driver of the minibus gave the bag to someone to hold in case the owner came back to claim it. On 1 June 1998, the IED in the …Read more
Tags: Abuse,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Execution,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Jail,
Police,
Terrorism,
Torture
Country:
Bulgaria Year: 2012
Court: European Court of Human Rights
Citation: Application no. 36760/06
Health Topics:
Diet and nutrition,
Health care and health services,
Health systems and financing,
Medicines,
Mental health,
Poverty Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to liberty and security of person Facts: S, an adult male diagnosed with schizophrenia, lived for many years with his half-sister and step-mother, his closest living relatives, before they applied in 2000 to the Ruse Regional Court to have S declared legally incapacitated. The court declared S only partially incapacitated. S’s family refused to accept guardianship for S, and the court instead …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Cruel treatment,
Degrading treatment,
Diet,
Examination,
Food,
Health care professionals,
Health care workers,
Incapacity,
Incompetence,
Indigent,
Inhuman treatment,
Involuntary commitment,
Involuntary confinement,
Low income,
Malnutrition,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Paranoia,
Poor,
Psychiatry,
Psychology,
Schizophrenia,
Social security
Country:
Zambia Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication no. 1303/2004
Health Topics:
Chronic and noncommunicable diseases,
Diet and nutrition,
Health care and health services,
HIV/AIDS,
Medicines,
Prisons Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Right to due process/fair trial,
Right to education,
Right to family life,
Right to health,
Right to liberty and security of person,
Right to life,
Right to privacy Facts: On 28 October 1997, JC (a military officer) was arrested by Zambian police for an attempted coup d’état. He was severely tortured and charged with treason. While being tortured, he was forced to sign false confessions and to implicate other military officials. Because of the torture, he was hospitalized at various times. On 31 October …Read more
Tags: Abuse,
Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Asylum,
Cancer,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Diet,
Execution,
Forced disappearance,
Forced displacement,
HIV,
HIV positive,
Humiliating treatment,
Hunger,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Law enforcement,
Malnutrition,
People living with HIV/AIDS,
PLHIV,
Police,
Prison conditions,
Refugees,
Torture
Country:
Kazakhstan Year: 2012
Court: Committee Against Torture
Citation: Communication No. 433/2010; CAT/C/48/D/433/2010
Health Topics:
Health care and health services,
Mental health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial Facts: In March 2007, the complainant went to the local police station, the Kostanai City Southern Department of Internal Affairs, where his stepson was being detained. Upon arrival, he was detained by five police officers and questioned about the death of an elderly neighbor. After stating he did not murder the women he was beaten by …Read more
Tags: Assault,
Cruel treatment,
Degrading treatment,
Examination,
Inhuman treatment,
Law enforcement,
Police,
Torture,
Trauma
Country:
Croatia Year: 2012
Court: European Court of Human Rights
Citation: Application No. 41108/10
Health Topics:
Medical malpractice Human Rights: Right to due process/fair trial,
Right to life Facts: The applicant’s sister died in 1994 after being admitted to the hospital for an abdominal tumor. The applicant lodged a series of criminal, administrative, and civil complaints against Dr. V.B., a surgeon and a professor at the University of Zagreb Medical Faculty. The applicant alleged medical malpractice and bribery. In 1994, the applicant lodged a …Read more
Tags: Compensation,
Damages,
Inadequate treatment,
Inappropriate treatment,
Negligence,
Remedies,
Tort
Country:
Canada Year: 2012
Court: The Supreme Court of Canada
Citation: [2012] SCC 5
Health Topics:
Disabilities,
Mental health,
Violence Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: The Crown alleged that the complainant, a 26-year-old woman with the mental age of a three to 6-year-old was repeatedly sexually assaulted by her mother’s partner D.A.I during the four years that he lived in their home. The Crown sought to call the complainant to testify about the alleged assaults. The trial judge found that …Read more
Tags: Assault,
Competence to testify,
Differently abled,
Disabled,
Handicapped,
Incapacity,
Incompetence,
Law enforcement,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental retardation,
Psychology,
Rape,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Violence against women
Country:
Russia Year: 2012
Court: The European Court of Human Rights
Citation: Application number 24677/10
Health Topics:
Health care and health services,
HIV/AIDS,
Infectious diseases,
Medicines,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to liberty and security of person Facts: The applicant was arrested and convicted of murder. The applicant alleged that he had not received proper medical attention while in detention and his detention and refusal to release despite his serious medical condition amounted to cruel treatment. He was sentenced to ten years of imprisonment in 2004. The applicant had been suffering from Tuberculosis …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Health facilities,
HIV,
HIV positive,
HIV status,
Imprisonment,
Inhuman treatment,
Inmate,
Jail,
Lung disease,
People living with HIV/AIDS,
PLHIV,
Prison conditions,
TB,
Tuberculosis
Country:
United Kingdom Year: 2012
Court: The European Court of Human Rights
Citation: Application no. 2694/08
Health Topics:
Health care and health services,
Hospitals,
Medical malpractice,
Mental health Human Rights: Right to due process/fair trial,
Right to life Facts: The applicant’s son was admitted as a voluntary patient as he was diagnosed with schizophrenia and there was a fear that he might commit suicide. He was kept in a crisis room in the intensive care unit. However, on the first night itself, the applicant’s son jumped out of the window and died. The applicant’s …Read more
Tags: Clinics,
Compensation,
Damages,
Duty of care,
Emergency care,
Health facilities,
Mental disorder,
Mental illness,
Negligence,
Non-pecuniary damage,
Private hospitals,
Psychiatry,
Public hospitals,
Remedies,
Schizophrenia,
Standard of care,
Suicide,
Tort,
Trauma
Country:
Poland Year: 2012
Court: The European Court of Human Rights
Citation: CASE OF SOSINOWSKA v. POLAND
Health Topics:
Health care and health services,
Health information Human Rights: Freedom of expression,
Right to due process/fair trial Facts: The applicant was a lung specialist in Poland. She couldn’t agree with the chief physician of the ward she had been working in regarding the decisions he had been making in relation to the diagnosis and treatment of patients. The applicant then communicated the matter to the regional consultant for lung diseases, specifying how the …Read more
Country:
Libya Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication No. 1880/2009
Health Topics:
HIV/AIDS,
Medical malpractice,
Prisons,
Public safety Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of religion,
Right to bodily integrity,
Right to due process/fair trial,
Right to liberty and security of person,
Right to life Facts: Four out of the five claimants in this case arrived in Libya between February 1998 and February 1999 to work as members of a Bulgarian medical team at Al-Fatah pediatrics hospital; the other claimant had arrived in Libya in 1991 and had been working at a different hospital. On 9 February 1999, the authors together …Read more
Country:
Argentina Year: 2012
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 293. XLVIII.
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals,
Medical malpractice Human Rights: Right to due process/fair trial,
Right to health,
Right to life,
Right to social security Facts: The plaintiff, the mother of her underage daughter, filed a suit with First Instance Civil and Commercial Court of La Matanza [Juzgado de Primera Instancia en lo Civil y Comercial N°1 del Departamento Judicial de la Matanza] to obtain liquidate damages against the physician and hospital who treated her daughter and the health insurance company …Read more
Tags: Child,
Health care and health services,
Health care professionals,
Medical malpractice
Country:
United States Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 746 (2011)
Health Topics:
Controlled substances,
Health information Human Rights: Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: This case involved a challenge to background checks for government jobs on the basis of constitutional privacy. Nelson and twenty-seven other federal contract employees, working for NASA at a government laboratory at the California Institute of Technology, claimed that two elements of a standard employment background investigation violated their constitutional rights: a questionnaire that asked …Read more
Tags: Confidentiality,
Disclosure,
Drug abuse,
Drug use,
Health data,
Health information,
Health records,
Medical records,
Non-disclosure,
People who use drugs,
Secrecy,
Substance abuse