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189 judgments found.
Country:
United Kingdom Year: 2007
Court: European Court of Human Rights
Citation: Evans v. United Kingdom [GC], App. No. 6339/05, 46 Eur. H.R. Rep. 34 (2008).
Health Topics:
Health care and health services,
Medicines,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to family life,
Right to life Facts: Applicant had her eggs extracted for the purposes of in vitro fertilization in 2001. Her ovaries were thereafter removed due to the presence of tumors. Six embryos were created using her eggs and the sperm of her partner ‘J.’. Schedule 3 of the Human Fertilization and Embryology Act of 1990 allowed for the withdrawal of …Read more
Tags: Childbirth,
Family planning,
Fertility,
In utero fertilization,
In vitro fertilization,
Infertility,
Parental consent,
Parental notification,
Pregnancy,
Spousal consent,
Spousal notification
Country:
Russia Year: 2007
Court: European Court of Human Rights
Citation: Application Nos. 53157/99, 53247/99, 53695/00 and 56850/00
Health Topics:
Chronic and noncommunicable diseases,
Environmental health,
Public safety Human Rights: Right to a clean environment,
Right to family life,
Right to housing Facts: The four applicants alleged that pollution levels near their homes violated their right to respect for their private and family life under Article 8 of the European Convention on Human Rights (“Convention”). All the applicants lived within a “sanitary security zone” around a local steel plant and were exposed to concentrations of dangerous substances above …Read more
Tags: Air pollution,
Air safety,
Contamination,
Environmental degradation,
Environmental hazards,
Industrial waste,
Lung disease,
Noncommunicable diseases,
Pollution,
Pulmonary diseases,
Respiratory diseases,
Safety regulation
Country:
United Kingdom Year: 2007
Court: The European Court of Human Rights
Citation: Application no. 44362/04
Health Topics:
Health care and health services,
Prisons,
Sexual and reproductive health Human Rights: Right to family life Facts: The applicants met and married while both were incarcerated via a pen-pal program. The applicants wished to conceive a child. However, given Ms. Dickson’s age at the time of Mr. Dickson’s earliest release date, it was unlikely they would be able to have a child without the use of artificial insemination facilities. As such, the …Read more
Tags: Access to health care,
Assisted reproductive technology,
Detention,
Imprisonment,
In utero fertilization,
Incarceration,
Inmate,
Jail,
Pregnancy
Country:
Romania Year: 2007
Court: The European Court of Human Rights
Citation: Application no. 20192/07 E.M. and others against Romania
Health Topics:
Chronic and noncommunicable diseases,
Environmental health,
Health care and health services,
Hospitals,
Infectious diseases,
Informed consent,
Medical malpractice 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 life Facts: The applicants in this case were the wife and children of Mr. I.M. who was diagnosed with icterus and went through investigations and treatment. After being hospitalized, it was confirmed that he had “cholestatic jaundice due to cholestatic calculus – left renal lithiasis clinically significant for approximately three days”; he and his family hadn’t been …Read more
Country:
India Year: 2006
Court: High Court - Gujarat
Citation: (2007) 1 GLR 796
Health Topics:
Child and adolescent health,
Health care and health services,
HIV/AIDS,
Infectious diseases,
Poverty,
Prisons,
Public safety,
Sexual and reproductive health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to family life,
Right to health,
Right to liberty and security of person,
Right to life,
Right to privacy Facts: The petitioner was challenging an order of detention for allegedly engaging in trafficking of women and girls. The grounds of the order were that petitioner was an “immoral traffic offender” which is “a person who habitually commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, …Read more
Tags: AIDS,
Assault,
Children,
Contraception,
Criminalization,
Custody,
Detention,
Examination,
Family planning,
HIV,
Minor,
Poor,
Sex workers,
Sexual abuse,
Sexual assault,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Testing,
Underprivileged
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:
The Gambia Year: 2006
Court: High Court
Citation: HC241/06/MF/087/F1
Health Topics:
Health care and health services,
Prisons Human Rights: Right to due process/fair trial,
Right to family life,
Right to health,
Right to liberty and security of person Facts: The applicant was a detainee seeking: (1) a declaration that her arrest was unlawful under the Constitution of Gambia (the “Constitution”); (2) a declaration that her subsequent detention was unlawful and unconstitutional; and (3) an order for release. The applicant was arrested at her residence on April 6, 2006 in relation with a suspected attempted …Read more
Tags: Access to health care,
Access to treatment,
Custody,
Detainee,
Detention,
Imprisonment,
Incarceration,
Inmate,
Jail,
Law enforcement
Country:
Argentina Year: 2006
Court: Superior Provincial Court of Justice in the Province of Corrientes [Superior Tribunal de Justicia de Corrientes]
Citation: Falcon Maria Liliana c/ Hospital Vidal de la ciudad de Corrientes y/o Ministerio de Salud Publia de Corrientes y/o Estado de la Provincia Decorrientes s/ Amparo, Expediente Nº 25438/05, Superior Tribunal de Justicia de Corrientes (STJ Ctes.)(Superior Tribunal of Justice: highest provincial court in the province of Corrientes), 12/4/2006 (Arg.).
Health Topics:
Health care and health services,
Health systems and financing,
Informed consent,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life,
Right to health,
Right to liberty and security of person Facts: Falcon María Liliana filed anguarantee of protection of individual constitutional rights (amparo protection) against a hospital in Argentina for refusing to perform a sterilization procedure during the birth of her seventh child. The plaintiff had requested doctors to perform a ligation of her Fallopian tubes, and/or any other necessary procedure, during a planned caesarean section …Read more
Tags: Access to treatment,
Assisted reproductive technology,
Birth control,
Contraception,
Contraceptives,
Family planning,
Fertility,
Health facilities,
Informed choice,
Patient choice,
Public hospitals,
Sterilization
Country:
Chile Year: 2006
Court: Court of Appeals (Rancagua)
Citation: Corte de Apelaciones [C. Apel.][Court of Appeals], 20 junio 2006, Rol de causa: 529-2006, divorcio (Chile).
Health Topics:
Aging,
Chronic and noncommunicable diseases Human Rights: Right to family life,
Right to work Facts: Plaintiff, a 61-year old woman afflicted with colon cancer, filed a counterclaim to her husband’s divorce petition, seeking compensation. The Trial judge had considered compensation for divorce a matter of welfare and had thus provided for a very small amount of reparation damages, taking into consideration only the plaintiff’s immediate needs and the defendant’s economic …Read more
Tags: Aged persons,
Cancer,
Compensation,
Elderly,
Non-communicable diseases,
Older persons,
Senior citizens
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:
Ghana Year: 2006
Court: Supreme Court
Citation: [2005-6] SCGLR 1116
Human Rights: Right to family life,
Right to property Facts: N, a member of the Krobo tribe, died intestate with the result that his property was automatically devolved to his five children including his two married daughters M and P. According to the ‘fia’ custom of the Krobo tribe, a woman who contracted a lawful marriage was disqualified from inheriting any portion of her father’s …Read more
Tags: Indigenous groups
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Country:
Hungary Year: 2006
Court: Committee on the Elimination of Discrimination against Women
Citation: Committee on the Elimination of Discrimination against Women, Thirty-sixth session, 7-25 August 2006, Szijjarto v. Hungary
Health Topics:
Health care and health services,
Health information,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to family life Facts: The applicant was a Hungarian Roma woman who claimed that she had been subjected to coerced sterilization by medical staff at a Hungarian hospital. On 30 May 2000, the applicant was examined by a doctor and found to be pregnant with her fourth child, with the delivery date estimated to be 20 December 2000. Meanwhile, …Read more
Country:
France Year: 2005
Court: European Court of Human Rights
Citation: Application No. 1513/03; (2006) 42 EHRR 40; [2005] ECHR 679
Health Topics:
Child and adolescent health,
Disabilities,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to due process/fair trial,
Right to family life,
Right to property Facts: The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Lionel and Christine Draon. AP-HP admitted liability for its negligence, and the Draons submitted an application to the Paris Administrative …Read more
Tags: Child development,
Childbirth,
Children,
Compensation,
Damages,
Disabled,
Handicapped,
Infant health,
Maternal health,
Minor,
Misdiagnosis,
Negligence,
Physically challenged,
Pregnancy,
Remedies
Country:
France Year: 2005
Court: European Court of Human Rights
Citation: Application No. 11810/03; (2006) 42 EHRR 42; [2005] ECHR 683
Health Topics:
Child and adolescent health,
Disabilities,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to due process/fair trial,
Right to family life,
Right to property Facts: The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Didier and Sylvia Maurice. Mr. and Mrs. Maurice submitted an application to the Paris Administrative Court for an assessment of …Read more
Tags: Child development,
Childbirth,
Children,
Compensation,
Damages,
Disabled,
Handicapped,
Infant health,
Maternal health,
Minor,
Misdiagnosis,
Negligence,
Physically challenged,
Pregnancy,
Remedies
Country:
Moldova Year: 2005
Court: European Court of Human Rights
Citation: Application No. 14462/03; (2005) 40 EHRR SE23
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals,
Medicines 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 life,
Right to property Facts: Applicants filed a complaint with the European Court of Human Rights alleging that the Moldovan government’s inadequate financing of hemodialysis treatments violated their right to life, caused them significant pain and suffering, and negatively affected their families’ lives. Applicants were a group of patients suffering from liver failure and receiving hemodialysis treatments. They alleged that …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Budget,
Emergency care,
Essential medicines,
Health care technology,
Health expenditures,
Health funding,
Health insurance,
Health regulation,
Health spending,
Kidney disease,
Noncommunicable diseases,
Out-of-pocket expenditures,
Public hospitals
Country:
Romania Year: 2005
Court: European Court of Human Rights
Citation: Application No. 41138/98 and 64320/01; (2007) 44 EHRR 16
Health Topics:
Poverty,
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 Facts: The applicants were 25 Romanian nationals of Roma origin that faced attacks against their property and persons during a riot and the following few days. By the time of the present case, 18 of the applicants had participated in a friendly settlement and only seven remained as parties to this judgment. In September 1993, a …Read more
Tags: Assault,
Degrading treatment,
Humiliating treatment,
Indigent,
Low income,
Poor,
Underprivileged
Country:
Turkey Year: 2005
Court: European Court of Human Rights
Citation: Application No. 46117/99; (2006) 42 EHRR 50
Health Topics:
Environmental health,
Water, sanitation and hygiene Human Rights: Right to a clean environment,
Right to due process/fair trial,
Right to family life,
Right to life,
Right to privacy Facts: The applicants lived in the area near Ovacik where the Normandy Madencilik A.Ş company built a gold mine. The Ministry of Energy and Natural Resources issued a permit for the mine in 1992 for ten years. The Ministry also authorized the use of cyanide leaching during the gold extraction. Following the Environmental Act, the Ministry …Read more
Tags: Biohazard,
Biosafety,
Clean water,
Contamination,
Environmental degradation,
Environmental hazards,
Industrial waste,
Law enforcement,
Poisoning,
Pollution,
Toxic waste,
Waste,
Waste management,
Water pollution
Country:
United Kingdom Year: 2005
Court: House of Lords
Citation: [2005] UKHL 68
Health Topics:
Child and adolescent health,
Mental health Human Rights: Right to family life Facts: K, the local authority initiated care proceedings to remove a child, E, from her parents, G and X. However, they were persuaded to agree to a short period of assessment at a specialist hospital and an interim care order was duly made under s 38(1)[1] of the Children Act 1989 (‘the Act’), including directions as …Read more
Tags: Child development,
Children,
Mental disorder,
Mental illness,
Minor,
Psychiatry,
Psychology
Country:
United Kingdom Year: 2005
Court: House of Lords
Citation: [2005] UKHL 58
Health Topics:
Hospitals,
Mental health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to family life,
Right to liberty and security of person Facts: Colonel Munjaz sought judicial review of Mersey Care NHS Trust’s (Mersey Care) policy on the seclusion of patients detained at the hospital. He claimed that the policy violated both domestic law and the European Convention on Human Rights (ECHR), as incorporated into United Kingdom law by the Human Rights Act 1998 (HRA). Colonel Munjaz was …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Degrading treatment,
Inhuman treatment,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Psychiatry,
Public hospitals,
Seclusion
Country:
United Kingdom Year: 2005
Court: Court of Appeal, Civil Division
Citation: [2005] All ER (D) 283 (May); [2005] EWCA Civ 584
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to education,
Right to family life Facts: The case was brought by a Lebanese citizen who had come to the UK in order to seek asylum for herself and her two children on the basis of persecution for her religious beliefs. Her claim for asylum on this ground was rejected, but she challenged her removal on the basis that removal would result …Read more
Tags: Access to health care,
Access to treatment,
Degrading treatment,
Immigration,
Indigent,
Inhuman treatment,
Migrants,
Noncommunicable diseases,
Poor,
Underprivileged
Country:
Hungary Year: 2005
Court: Constitutional Court
Health Topics:
Aging,
Health information,
Informed consent,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to family life,
Right to privacy Facts: The case involved two petitions that required the Constitutional Court to examine certain elements that imposed regulations on sterilization. The first petitioner challenged the constitutionality of the Minister of Health Decree 12/1987 (VIII. 19.) EüM on Sterilization (hereinafter “D1”), which imposed certain restrictions (related to age and number of prior blood children) on a person …Read more
Tags: Birth control,
Compulsory sterilization,
Confidentiality,
Contraception,
Contraceptives,
Disclosure,
Family planning,
Forced sterilization,
Health records,
Informed choice,
Involuntary sterilization,
Mandatory sterilization,
Maternal health,
Medical records,
Non-disclosure,
Notification,
Patient choice,
Pregnancy,
Secrecy,
Spousal consent,
Spousal notification,
Sterilization
Country:
France Year: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°248357, 26 September 2005
Health Topics:
Child and adolescent health,
Disabilities,
Informed consent,
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: In 2002, the ASSOCIATION AGAINST HANDIPHOBIA brought this challenge to Article L. 2123-2 of the Public Health Code, which allows for a guardian judge to impose contraception, sterilization and pregnancy termination on people with mental disabilities after rigorous review. The Association claimed the law was unconstitutional, a violation of the Declaration of the Rights of …Read more
Tags: Abortion,
Compulsory sterilization,
Compulsory treatment,
Contraception,
Forced abortion,
Forced sterilization,
Forced treatment,
Incapacity,
Incompetence,
Involuntary sterilization,
Involuntary treatment,
Judicial bypass,
Mandatory treatment,
Mental competence,
Mental disability,
Mental retardation,
Minor,
Non-consensual testing and treatment,
Parental consent,
Pregnancy,
Sterilization,
Termination of pregnancy
Country:
South Africa Year: 2004
Court: High Court - Transvaal Provincial Division
Citation: 2004 (10) BCLR 1086 (T)
Health Topics:
Child and adolescent health,
Informed consent,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to family life,
Right to health,
Right to liberty and security of person,
Right to privacy Facts: Christian Lawyers’ Association (“plaintiff”) submitted an action seeking to find unconstitutional sections of the Choice on Termination of pregnancy Act 92 of 1996 (“the Act”). The sections enabled women under the age of 18 to terminate their pregnancy without restrictions such as parental consent, parental consultation, required counselling, or a waiting period (collectively called “parental …Read more
Tags: Abortion,
Children,
Criminalization,
Health care professionals,
Health care workers,
Informed choice,
Minor,
Parental consent,
Parental notification,
Pregnancy,
Termination of pregnancy
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:
Costa Rica Year: 2004
Court: Inter-American Commission on Human Rights
Citation: Report No. 25/04, Petition 12.361, March 11, 2004; OEA/Ser.L/V/II.122 Doc. 5 rev. 1 at 237, 23 February 2005
Health Topics:
Health systems and financing,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to due process/fair trial,
Right to family life,
Right to health,
Right to privacy Facts: A Presidential Decree authorizing and regulating the practice of in vitro fertilization was issued in 1995. The Decree permitted solely married couples to utilize the practice; it prohibited the insemination of more than six ovules per couple; and it required that all embryos be deposited in the maternal uterus, prohibiting the freezing, preservation or discarding …Read more
Tags: Family planning,
Health regulation,
In vitro fertilization,
Infertility
Country:
Peru Year: 2004
Court: Inter-American Commission on Human Rights
Citation: Report No. 69/04, Case 504/03, October 15, 2004; OEA/Ser.L/V/II.122 Doc. 5 rev. 1 at 487, 23 February 2005
Health Topics:
Child and adolescent health,
Environmental health Human Rights: Freedom from discrimination,
Freedom of movement and residence,
Right to bodily integrity,
Right to family life,
Right to life,
Right to participation,
Right to property Facts: This report addresses the admissibility of a petition that alleged Peru failed to fulfill its obligations under the American Convention on Human Rights (the Convention). The Petitioner was the National Coordinator of Communities of Peru Affected by Mining (CONACAMI), representing members of the Community of San Mateo de Huanchor, in their claim that the State …Read more
Tags: Child development,
Children,
Contamination,
Indigenous groups,
Minor,
Pediatric health,
Pollution,
Toxic waste