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189 judgments found.
Country:
Serbia Year: 2013
Court: European Court of Human Rights
Citation: Application No. 21794/08; [2013] EHCR 21794/08.
Health Topics:
Child and adolescent health,
Health information,
Hospitals Human Rights: Right of access to information,
Right to family life Facts: This case is about the Serbian government’s response to the “missing babies” of the 1970s, 1980s, and 1990s. In 1983, Zorica Jovanovic gave birth to a healthy baby boy in a state-run hospital. Three days later, while still in the hospital, she was informed that he had died. She never saw him again. When she …Read more
Tags: Child mortality,
Freedom of information,
Health records,
Infant health,
Infant mortality,
Medical records,
Public hospitals,
Secrecy
Country:
Poland Year: 2013
Court: European Court of Human Rights
Citation: Application No. 46132/08
Health Topics:
Health information,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to family life,
Right to life,
Right to privacy Facts: The applicant’s pregnant daughter died in 2004 of septic shock at Barlicki Hospital in Poland. The applicant alleged her daughter’s death was caused by negligence and filed claims under the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”) for violation of her daughter’s rights to life under Article 2, to freedom from …Read more
Tags: Abortion,
Conscientious objection,
Degrading treatment,
Disclosure,
Duty of care,
Health care professionals,
Health records,
Inadequate treatment,
Maternal health,
Maternal mortality,
Medical records,
Negligence,
Pregnancy; Termination of pregnancy,
Standard of care
Country:
Poland Year: 2013
Court: European Court of Human Rights
Citation: Application No. 57375/08
Health Topics:
Health care and health services,
Health information,
Sexual and reproductive health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to family life,
Right to liberty and security of person,
Right to privacy Facts: The Applicants were a Polish girl who was raped at the age of 14, resulting in pregnancy, and her mother. The applicants alleged that, when they sought an abortion, which is legal under Polish law for pregnancy resulting from rape, hospital staff attempted to dissuade the girl from having an abortion. At one hospital, she …Read more
Tags: Abortion,
Abortion counseling,
Access to health care,
Access to treatment,
Confidentiality,
Conscientious objection,
Counseling,
Disclosure,
Medical records,
Non-disclosure,
Parental consent,
Pregnancy,
Public hospitals,
Rape,
Secrecy,
Sexual abuse,
Sexual violence,
Termination of pregnancy
Country:
Romania Year: 2013
Court: European Court of Human Rights
Citation: Application No. 1285/03
Health Topics:
Disabilities,
Informed consent,
Mental health Human Rights: Right to family life,
Right to privacy Facts: The applicant, M.B., filed a complaint with the European Court of Human Rights for a violation of (1) laws concerning compulsory admission to psychiatric hospitals and (2) laws concerning decisions in child-rearing where the parent or guardian’s mental capacity is in question. M.B. was diagnosed in 2000 with paranoid schizophrenia. As a result of her …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Compulsory examination,
Counselling,
Disabled,
Forced examination,
Handicapped,
Incapacity,
Incompetence,
Informed choice,
Involuntary commitment,
Involuntary confinement,
Involuntary examination,
Mandatory commitment,
Mandatory confinement,
Mandatory examination,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Paranoia,
Patient choice,
Schizophrenia
Country:
Canada Year: 2013
Court: British Columbia Supreme Court
Citation: 2013 BCSC 2309
Health Topics:
Child and adolescent health,
Poverty,
Prisons,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to family life,
Right to liberty and security of person Facts: The plaintiffs brought a case before the British Columbia Supreme Court following the 2006-2007 decision by the Ministry of Public Safety to cancel the Mother Baby Program at the Alouette Correctional Centre for Women, a women’s prison. This program had allowed incarcerated mothers and their babies to live at the institution together, subject to the …Read more
Tags: Breastfeeding,
Child development,
Children,
Cruel and unusual punishment,
Custody,
Detainee,
Detention,
Imprisonment,
Incarceration,
Indigent,
Infant health,
Inmate,
Jail,
Low income,
Maternal health,
Pediatric health,
Poor,
Prison conditions,
Underprivileged
Country:
Norway Year: 2013
Court: The European Court of Human Rights
Citation: Applications nos. 52806/09 and 22703/10)
Health Topics:
Chronic and noncommunicable diseases,
Health information,
Occupational health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right of access to information,
Right to family life,
Right to life Facts: The applicants were five Norwegian nationals, a Swedish national and an Icelandic national. The applicants developed health problems such as obstructive lung diseases and Post Traumatic Stress Disorder (PTSD) and became disabled. This had happened as a result of their deep diving jobs. They alleged that the working conditions and compromising safety had lead to …Read more
Tags: Awareness,
Confidentiality,
Disclosure,
Lung disease,
Neurological diseases,
Noncommunicable diseases,
Occupational accident,
Occupational disease,
Occupational hazards,
Occupational health and safety,
Pulmonary diseases,
Respiratory diseases,
Safe working conditions,
Workers' compensation
Country:
Uganda Year: 2013
Court: Medical and Dental Practitioners Council, Uganda
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Hospitals,
Medical malpractice,
Sexual and reproductive health Human Rights: Right of access to information,
Right to family life Facts: Mr. Bukenya’s wife went into labour and was admitted into the Mulago Hospital. She was operated upon by Dr. Kapuru and delivered a child by Caesarean section. The baby was not brought to her when she asked to see the baby. Mr. Bukenya was informed that his wife had delivered a male child and asked …Read more
Tags: Caesarean,
Child mortality,
Childbirth,
Children,
Clinics,
Compensation,
Duty of care,
Freedom of information,
Health care professionals,
Health care workers,
Health data,
Health facilities,
Health records,
Infant health,
Infant mortality,
Medical records,
Midwifery,
Minor,
Negligence,
Non-disclosure,
Non-pecuniary damage,
Pediatric health,
Pregnancy,
Primary care,
Public hospitals,
Remedies,
Standard of care
Country:
Greece Year: 2013
Court: The European Court of Human Rights
Citation: Dismissal of an employee on account of his HIV infection was contrary to the European Convention on Human Rights
Health Topics:
HIV/AIDS Human Rights: Freedom from discrimination,
Right to family life,
Right to work Facts: The applicant was an HIV-Positive Greece national who had been working in a jewelry manufacturing company, the staff of which urged their employer to dismiss the applicant so that their health and their right to work could be protected. The employer invited an occupational-health doctor who spoke and reassured the employees by explaining the precautions …Read more
Country:
Slovenia Year: 2012
Court: European Court of Human Rights
Citation: Application No. 26828/06
Health Topics:
Health care and health services,
Health systems and financing,
Poverty Human Rights: Freedom from discrimination,
Freedom of movement and residence,
Right to acquire nationality,
Right to family life,
Right to privacy Facts: The eight applicants had previously been citizens of both the former Yugoslavia and one of its constituent republics other than Slovenia. They had acquired permanent residence in Slovenia, but, following its independence, had either not requested Slovenian citizenship or had had their application refused. On 26 February 1992, pursuant to the newly enacted Aliens Act, …Read more
Tags: Access to health care,
Access to treatment,
Indigent,
Low income,
Poor,
Social security,
Underprivileged
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:
Slovakia Year: 2012
Court: European Court of Human Rights
Citation: N.B. v Slovakia, App. No. 29518/10, Eur. Ct. H.R. (2012).
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to family life Facts: Ms. N.B. was of Roma ethnic origin. She was sterilized at a public hospital, at the age of 17, during the birth of her second child. Ms. N.B. asserted that she had been coerced into signing authorizations for her sterilization, that she was segregated within the hospital due to her ethnicity and that the decision …Read more
Tags: Caesarean,
Childbirth,
Children,
Compensation,
Compulsory sterilization,
Compulsory treatment,
Cruel treatment,
Degrading treatment,
Family planning,
Forced sterilization,
Forced treatment,
Health care professionals,
Health care workers,
Humiliating treatment,
In utero fertilization,
Inappropriate treatment,
Infertility,
Informed choice,
Inhuman treatment,
Involuntary sterilization,
Involuntary treatment,
Mandatory sterilization,
Mandatory treatment,
Maternal health,
Minor,
Non-consensual testing and treatment,
Parental consent,
Patient choice,
Pregnancy,
Public hospitals,
Remedies,
Sterilization,
Unauthorized treatment
Country:
Argentina Year: 2012
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Expte. Nº 21.912-F-2010
Health Topics:
Child and adolescent health,
Hospitals,
Sexual and reproductive health,
Violence Human Rights: Right to bodily integrity,
Right to family life,
Right to health Facts: A fifteen-year old teenager became pregnant as a result of being sexually abused by her stepfather. In the eight week of pregnancy, through her legal representative, she asked the judiciary to order doctors of a public hospital to perform her abortion. She based her claim on article 86. 2 of the National Criminal Code (the “Criminal …Read more
Tags: Abortion,
Access to health care,
Assault,
Children,
Domestic abuse,
Domestic violence,
Health care professionals,
Health care workers,
Judicial bypass,
Public hospital,
Rape,
Sexual abuse,
Sexual assault,
Sexual violence,
Termination of pregnancy,
Therapeutic abortion
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:
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:
Finland Year: 2012
Court: European Court of Human Rights
Citation: Application No. 37359/09
Health Topics:
Health information,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to family life,
Right to privacy Facts: The applicant, H., was born male, married a woman, and had a child. She was diagnosed as transgender during the course of the marriage, whereupon she changed her first names and renewed her passport and driver’s license. However, her request to have her identity number changed was refused based on sections 1 and 2 of …Read more
Tags: Civil union,
Confidentiality,
Disclosure,
Domestic partnership,
Gender identity,
Gender reassignment,
Non-disclosure,
Notification,
Spousal consent,
Transgender
Country:
Italy Year: 2012
Court: European Court of Human Rights
Citation: Application No. 54270/10
Health Topics:
Chronic and noncommunicable diseases,
Sexual and reproductive health Human Rights: Right to family life,
Right to privacy Facts: Following the birth of their first child, the applicants, Costa and Pavan, discovered that they were carriers of cystic fibrosis, a genetic disease. Their child was born with the disease. A prenatal test confirmed that their second child was also affected by cystic fibrosis. They decided to terminate the pregnancy on medical grounds. The applicants …Read more
Tags: Abortion,
Assisted reproductive technology,
Genetic disease,
In vitro fertilization,
Noncommunicable diseases,
Termination of pregnancy
Country:
Slovakia Year: 2012
Court: European Court of Human Rights
Citation: App. No. 15966/04
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right of access to information,
Right to family life Facts: Three applicants of Roma ethnic origin were all sterilized in a public hospital during Caesarean section deliveries. The first applicant was not told that she had been sterilized. After the delivery, a doctor asked her to sign a document that all women who had Caesarean sections had to sign. Five days after the delivery she …Read more
Tags: Caesarian,
Childbirth,
Compulsory sterilization,
Family planning,
Forced sterilization,
Forced treatment,
Inappropriate treatment,
Infertility,
Informed choice,
Involuntary sterilization,
Involuntary treatment,
Mandatory sterilization,
Mandatory treatment,
Non-consensual testing and treatment,
Parental consent,
Patient choice,
Public hospitals,
Sterilization,
Unauthorized treatment
Country:
Bulgaria Year: 2012
Court: The European Court of Human Rights
Citation: Applications nos. 47039/11 and 358/12
Health Topics:
Health care and health services,
Hospitals,
Medicines Human Rights: Right to family life,
Right to health,
Right to life,
Right to privacy Facts: The applicants were all terminally ill cancer patients (four of them died since the filing of the application). They were unsuccessful in trying to find a cure and tried many conventional treatments such as chemotherapy, radiotherapy and hormone therapy. Thereafter they approached a private clinic in Sofia and found out that an anti-cancer experimental product …Read more
Tags: Access to health care,
Access to treatment,
Alternative medicine,
Clinical testing,
Clinical trials,
Drug quality,
Drug safety,
Drug testing,
Experimental treatment,
Health facilities
Country:
Russia Year: 2011
Court: European Court of Human Rights
Citation: Application No. 2700/10, (2011) 53 EHRR 26; [2011] ECHR 439
Health Topics:
HIV/AIDS,
Infectious diseases Human Rights: Freedom from discrimination,
Freedom of movement and residence,
Right to family life,
Right to housing Facts: K was born in the Uzbek SSR of the Soviet Union and acquired Uzbekistan citizenship following the collapse of the USSR. In October 2002, K’s brother purchased a house in the Oryol Region of Russia. In 2003, K, his half brother and their mother moved into this house. In July 2003, K married a Russian …Read more
Tags: AIDS,
HIV,
HIV positive,
HIV status,
Most-at-risk,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
Belarus Year: 2011
Court: Constitutional Court
Health Topics:
Sexual and reproductive health Human Rights: Right to family life,
Right to health Facts: Exercising its preliminary control duties, Constitutional Court of the Republic of Belarus, considered the constitutionality of amendments to the Law of the Republic of Belarus on Auxiliary Reproductive Technologies. This law regulated various assisted reproductive treatments. Such treatments were available to women over the age of 18 if they had full legal capacity, had undergone …Read more
Tags: Assisted reproductive technology,
Childbirth,
Fertility,
In utero fertilization,
In vitro fertilization,
Infertility,
Pregnancy
Country:
Peru Year: 2011
Court: Committee on the Elimination of Discrimination against Women
Citation: L.C. v. Peru, CEDAW, U.N. Doc. CEDAW/C/50/D/22/2009 (2011).
Health Topics:
Health care and health services,
Health systems and financing,
Mental health,
Poverty,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to family life,
Right to health,
Right to life,
Right to privacy Facts: A minor child, L.C., began to be sexually abused at the age of 11 years by a 34-year-old man. Two years later, L.C. became pregnant, and in response, attempted suicide by jumping from a building. L.C. survived her suicide attempt, and she was taken to a public hospital where she was diagnosed with a series …Read more
Tags: Abortion,
Access to treatment,
Criminalization,
Domestic abuse,
Domestic violence,
Molestation,
Rape,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Suicide,
Termination of pregnancy,
Therapeutic abortion,
Violence against women
Country:
Poland Year: 2011
Court: European Court of Human Rights
Citation: App. No. 27617/04, Eur. Ct. H.R. Rep. 648 (2011).
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Sexual and reproductive health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to due process/fair trial,
Right to family life,
Right to health,
Right to privacy Facts: The applicant Ms. R.R., a Polish citizen, brought an action against the then Malopolska Regional Medical Insurance Fund and Dr. S.B. for failure to perform timely prenatal examinations and allow her the possibility of deciding whether to terminate her pregnancy with the conditions provided by law for the malformation of her child (Turner syndrome). The …Read more
Tags: Abortion,
Access to health care,
Access to treatment,
Criminalization,
Cruel treatment,
Degrading treatment,
Family planning,
Genetic disease,
Health care technology,
Health funding,
Health regulation,
Inhuman treatment,
Out-of-pocket expenditures,
Private hospitals,
Public hospitals,
Termination of pregnancy,
Testing,
Torture
Country:
Slovakia Year: 2011
Court: European Court of Human Rights
Citation: App. No. 18968/07, Eur. Ct. H.R. (2011).
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right of access to information,
Right to family life,
Right to privacy Facts: The applicant, a woman of Roma origin, was sterilized at the hospital during the delivery of her second child. Prior to the Cesarean section, the medical personnel allegedly asked the applicant whether she wanted any more children. When she expressed that she did, the medical personnel allegedly told the applicant that if she got pregnant …Read more
Tags: Birth control,
Caesarean,
Childbirth,
Compulsory sterilization,
Contraception,
Contraceptives,
Family planning,
Forced sterilization,
Forced treatment,
Health facilities,
Inappropriate treatment,
Infertility,
Informed choice,
Involuntary sterilization,
Involuntary treatment,
Mandatory sterilization,
Mandatory treatment,
Maternal health,
Maternal mortality,
Non-consensual testing and treatment,
Patient choice,
Pregnancy,
Sterilization,
Unauthorized treatment
Country:
Russia Year: 2011
Court: Supreme Court
Citation: Case No. ГКПИ10-1601
Health Topics:
Child and adolescent health,
Health information,
Sexual and reproductive health Human Rights: Right of access to information,
Right to family life Facts: N.T.V., a recipient of auxiliary reproductive technology (ART), submitted an application to declare invalid part of an order issued by the Ministry of Healthcare on February 26, 2003. The order (No. 67) approved instruction on the usage of various methods of ART. In particular, N.T.V. objected to paragraph 6, which prevents the establishment of paternity …Read more
Tags: Assisted reproductive technology,
Children,
Confidentiality,
Disclosure,
Informed choice,
Non-disclosure,
Patient choice,
Secrecy