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187 judgments found.
Country:
Russia Year: 2018
Court: The European Court of Human Rights
Citation: Application No. 32248/12
Health Topics:
HIV/AIDS Human Rights: Freedom from discrimination,
Right to family life
Facts: The applicant, born in Uzbekistan. His family (except him) acquired Russian nationality but he continued to live with his grandfather in Uzbekistan. After his grandfather died, he moved to Russia in 2011. He was found to be HIV-positive and the authority denied his applicant for temporary residency. His challenges to the orders were dismissed and …Read more
Tags: AIDS,
HIV,
HIV positive,
HIV status,
Most-at-risk,
People living with HIV/ AIDS,
PLHIV,
Transmission
Country:
Romania Year: 2018
Court: The European Court of Human Rights
Citation: Application No. 70035/10
Health Topics:
Health care and health services,
Hospitals,
Sexual and reproductive health Human Rights: Right to family life,
Right to privacy
Facts: The applicants are husband and wife and wanted to try assisted reproduction at a private clinic. The applicant’s embryos were obtained and freezed for future use by the applicant. A criminal investigation led to the closure of the said clinic. During that process, all genetic material including the applicant’s embryos were transferred to a forensic …Read more
Tags: Assisted reproductive technology,
Clinics,
Examination,
Health care professionals,
Health care techn,
Health care workers,
Health facilities,
In vitro fertilization,
Infertility,
Pregnancy,
Private hospitals,
Public hospitals
Country:
India Year: 2018
Court: Supreme Court of India
Citation: Writ Petition (Criminal) No. 76 of 2016
Health Topics:
Health care and health services,
HIV/AIDS,
Mental health,
Sexual and reproductive 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 bodily integrity,
Right to family life,
Right to health,
Right to life,
Right to privacy
Facts: Petitioners, by means of a writ petition, challenged Section 377 of the Indian Penal Code (‘IPC’), which made “carnal intercourse against the order of nature” a criminal offense punishable with life imprisonment. Petitioners argued that homosexuality, bisexuality, and other sexual orientations are equally natural and reflective of expression of choice and individuals should have the …Read more
Tags: Access to health care,
Access to treatment,
AIDS,
Bisexual,
Childbirth,
Condoms,
Depression,
Gay,
Gender identity,
HIV,
Homosexual,
Intersex,
Isolation,
Lesbian,
LGBTI,
People loving with HIV/AIDS,
Queer,
Seclusion,
Sexual orientation,
Sodomy,
Transgender,
Transmission
Country:
Turkey Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 50772/11
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Disabilities,
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Right to due process/fair trial,
Right to family life,
Right to life
Facts: The applicants’ daughter suffered from cardiac problems when she was 1 year old and received treatment for it in children’s hospital. The first applicant (father) signed a consent form for a surgery of her daughter. The consent form entailed the risks. A further operation was conducted after obtaining a similar form from the father. After …Read more
Tags: Access to health care,
Access to treatment,
Children,
Compensation,
Damages,
Duty of care,
Emergency care,
Examination,
Health care professionals,
Health care workers,
Health facilities,
Heart disease,
Infant health,
Minor,
Negligence,
Neurological diseases,
Non-pecuniary damage,
Pediatric health,
Public hospitals,
Remedies,
Standard of care
Country:
Italy Year: 2017
Court: The European Court of Human Rights
Citation: ECHR 034 (2017)
Health Topics:
Child and adolescent health,
Health care and health services,
Sexual and reproductive health Human Rights: Right to family life,
Right to privacy
Facts: The applicants are husband (Campanelli) and wife (Paradiso). After unsuccessful attempts at having a child, they registered themselves as prospective adoptive parents and obtained court approval to adopt a foreign child. Due to delays in the adoption, the applicants decided to resort to surrogacy arrangements. A surrogate mother was found in Russia and the applicants …Read more
Tags: Assisted reproductive technology,
Child,
Children,
Clinics,
Health facilities,
In vitro fertilization,
Minor,
Pregnancy,
Private hospitals
Country:
Uganda Year: 2017
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 212 of 2013
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Hospitals,
Sexual and reproductive health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right of access to information,
Right to bodily integrity,
Right to family life,
Right to health
Facts: The 2nd and 3rd plaintiffs are husband and the wife. The 2nd plaintiff delivered two babies in the defendant hospital’s general ward but was discharged with only one baby. The defendants state that one of the babies was stillborn. The 2nd and the 3rd plaintiffs filed a police report for the loss their baby and …Read more
Tags: Awareness,
Caesarean,
Child mortality,
Childbirth,
Children,
Clinics,
Disclosure,
Emergency care,
Freedom of information,
Health care technology,
Health data,
Health facilities,
Infant health,
Infant mortality,
Maternal health,
Medical records,
Minor,
Non-disclosure,
Pediatric health,
Pregnancy,
Private hospitals,
Public hospitals
Country:
United Kingdom Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 39793/17 Charles GARD and Others against the United Kingdom
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medicines Human Rights: Right to due process/fair trial,
Right to family life,
Right to liberty and security of person,
Right to life
Facts: The second and the third applicants in this case were the parents of the first applicant (CG) who was born healthy in 2016 but encountered severe health problems thereafter, for which he remained hospitalized by the time the case was brought before the European Court of Human Rights (the ECHR). CG suffered from a rare …Read more
Country:
Russia Year: 2016
Court: The European Court of Human Rights
Citation: Applications nos. 31039/11, 48511/11, 76810/12, 14618/13 and 13817/14
Health Topics:
Health information,
HIV/AIDS Human Rights: Freedom from discrimination,
Freedom of movement and residence,
Right to family life
Facts: The first applicant-Novruk, a Moldovian national after his first marriage and divorce, married Ms. S, a Russian national. The applicant discovered that he was HIV positive. Ms. S had a daughter from previous marriage and also was a foster mother to nine orphaned children. Some of the children were HIV positive. The applicant applied for …Read more
Tags: AIDS,
Confidentiality,
Disclosure,
Health data,
Health records,
HIV,
HIV positive,
HIV status,
Medical records,
Most-at-risk,
People living with HIV/AIDS,
PLHIV,
Transmission
Country:
Bulgaria Year: 2016
Court: The European Court of Human Rights
Citation: Application No. 23796/10
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Right to due process/fair trial,
Right to family life,
Right to health
Facts: The applicant suffered from cancer and underwent mastectomy of her left breast. After two years, she experienced pain in the left side of her chest. After undergoing two bone scintigraphies, a pathological uptake of radioactive tracer was found in her sixth rib. A computerized tomography showed metastasis in the eighth and the ninth rib contrary …Read more
Tags: Access to health care,
Access to treatment,
Cancer,
Diagnostics,
Examination,
Health care technology,
Testing
Country:
Russia Year: 2016
Court: The European Court of Human Rights
Citation: SABLINA and others against Russia
Health Topics:
Hospitals,
Informed consent Human Rights: Right to due process/fair trial,
Right to family life
Facts: The applicants in this case were Russian nationals; the first applicant being the mother to her deceased daughter (Ms. A.S.) and the other two applicants were grandmothers to the deceased. In January, the deceased faced a severe car accident for which she underwent emergency surgery and resuscitation but continued to be in an unconscious state. …Read more
Country:
United Kingdom Year: 2015
Court: High Court of Justice, Queen’s Bench Division, Administrative Court
Citation: Case No. CO/3077/2014; [2015] EWHC 1706 (Admin)
Health Topics:
Chronic and noncommunicable diseases,
Informed consent,
Sexual and reproductive health Human Rights: Right to family life
Facts: The issue of the case was whether AM, deceased daughter of IM and MM, gave sufficient informed consent to export her gametes to the U.S. to be fertilized there using a donor selected by her parents and used in the treatment of in vitro fertilization of her mother, IM. Even if it found that AM …Read more
Tags: Assisted reproductive technology,
Cancer,
Fertility,
In utero fertilization,
In vitro fertilization,
Informed choice,
Patient choice
Country:
France Year: 2015
Court: European Court of Human Rights
Citation: Application No. 46043/14
Health Topics:
Health systems and financing,
Informed consent Human Rights: Right to bodily integrity,
Right to family life,
Right to life
Facts: The applicants appealed a decision to terminate artificial nutrition and hydration for their son, who was in a chronic vegetative state. In 2013, Mr. Lambert’s doctor and wife initiated proceedings to terminate care under the Act of 22 April 2005 (“Act”), which amended provisions of the Public Health Code (“Code”). However, the applicants received an …Read more
Tags: Compulsory treatment,
Forced treatment,
Health care professionals,
Health care workers,
Health regulation,
Informed choice,
Involuntary treatment,
Non-consensual testing and treatment,
Patient choice,
Unauthorized treatment
Country:
United Kingdom Year: 2015
Court: High Court of Justice, Queen’s Bench Division
Citation: [2015] EWHC 990 (Admin)
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to family life,
Right to privacy
Facts: The Claimant was a male-to-female transgendered woman who challenged the requirement that she was recorded as the father on her children’s birth certificates. Following the birth of her daughter, but before the birth of her son, the Claimant decided to live as a man and changed her name to a female name. The Claimant was …Read more
Tags: Gender identity,
Gender reassignment,
Homosexual,
LGBTI,
Queer,
Sex reassignment,
Sexual orientation,
Tags: Gay,
Transgender
Country:
United States Year: 2015
Court: Supreme Court
Citation: 576 U.S. ____ (2015); 135 S. Ct. 2584
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to family life,
Right to privacy
Facts: The petitioners were same-sex couples from various U.S. states who challenged the constitutionality of bans on same-sex marriage in those states. They claimed that the bans violated the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution. The Due Process Clause protects individuals from the arbitrary denial of life, …Read more
Tags: Bisexual,
Domestic partnership,
Gay,
Homosexual,
Lesbian,
LGBTI,
Queer,
Sexual orientation,
Transgender
Country:
Netherlands Year: 2015
Court: Hague District Court (Chamber for Commercial Affairs)
Citation: C/09/456689
Health Topics:
Environmental health Human Rights: Right to a clean environment,
Right to family life,
Right to life
Facts: The plaintiff Urgenda, a foundation committed to a more sustainable society, brought a claim on behalf of over 800 individuals against the defendant, the state of the Netherlands, regarding climate change. Specifically, the plaintiff asked the court to rule that it would be unlawful for the defendant not to reduce annual greenhouse gas emissions by …Read more
Tags: Air pollution,
Climate change,
Environmental degradation,
Global warming,
Harm reduction,
Pollution
Country:
Kenya Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 562 of 2012
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Poverty,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Right to family life,
Right to health,
Right to liberty and security of person
Facts: The petitioners were two women who gave birth and were detained by Pumwani Hospital when they could not pay maternity fees in full upon discharge. The first petitioner was referred to the hospital with a potential breech birth and was detained for 24 days after discharge when she was unable to pay her hospital bill. …Read more
Tags: Access to health care,
Budget,
Caesarean,
Childbirth,
Cruel treatment,
Degrading treatment,
Health care professionals,
Health care workers,
Health expenditures,
Health funding,
Health spending,
Humiliating treatment,
Indigent,
Inhuman treatment,
Low income,
Maternal health,
Out-of-pocket expenditures,
Poor,
Pregnancy,
Public hospitals,
Subsidies,
Underprivileged
Country:
Latvia Year: 2015
Court: The European Court of Human Rights
Citation: ECHR 005 (2015)
Health Topics:
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to family life,
Right to privacy
Facts: The applicant’s husband died in a car accident. She saw her husband’s body when he was transported from the Forensic department. His legs were tied and he was buried like that. After two years, criminal inquiry into illegal removal of organs and tissues were ensued by the Police. The applicant was told that her husband …Read more
Tags: Awareness,
Clinics,
Disclosure,
Emergency care,
Examination,
Health care technology,
Health facilities,
Health records,
Medical records,
Non-disclosure,
Patient choice,
Private hospitals,
Public hospitals,
Standard of care,
Unauthorized treatment
Country:
Latvia Year: 2014
Court: European Court of Human Rights
Citation: Application no. 33011/08
Health Topics:
Health care and health services,
Health information,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right of access to information,
Right to due process/fair trial,
Right to family life,
Right to privacy
Facts: After giving birth to a child with Down syndrome, the Petitioner (a forty years old woman) alleged that she was denied adequate and timely medical care in the form of antenatal screening tests. She claimed that her doctor failed to refer her for proper prenatal testing in accordance with the medical protocols in place. According to …Read more
Tags: Childbirth,
Maternal health,
Medical records,
Pregnancy,
Testing
Country:
Namibia Year: 2014
Court: Supreme Court
Citation: (SA 49/2012) [2014] NASC 19
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Hospitals,
Informed consent,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life,
Right to privacy
Facts: Three Namibian women who were all pregnant and HIV-positive were sterilized at State hospitals after giving birth. The women claimed they were sterilized without their informed consent, and that they were sterilized due to their HIV-positive status. The first woman said that her doctor (through her nurse) told her that all HIV-positive women must have …Read more
Tags: Abortion,
Caesarean,
Childbirth,
Compulsory sterilization,
Counseling,
Emergency care,
Forced sterilization,
Health care professionals,
Health care workers,
Health education,
Health records,
HIV positive,
HIV status,
Informed choice,
Mandatory sterilization,
Medical records,
Patient choice,
Public hospitals,
Sterilization,
Unauthorized treatment
Country:
Bolivia Year: 2014
Court: Inter-American Commission on Human Rights
Citation: Report No. 72/14, Case 12.655; Merits I.V. BOLIVIA; August 15, 2014
Health Topics:
Informed consent,
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,
Right to privacy
Facts: I.V. went to a hospital for a cesarean section and was sterilized by her doctor. She alleged that the only questions that the doctor had asked her before the procedure were where she had her first cesarean section and whether she had previously had an infection. I.V. maintained that she was not given any information …Read more
Tags: Compulsory sterilization,
Compulsory treatment,
Forced sterilization,
Forced treatment,
Health care professionals,
Informed choice,
Involuntary sterilization,
Involuntary treatment,
Non-consensual testing and treatment,
Patient choice,
Pregnancy,
Sterilization,
Unauthorized treatment
Country:
Malta Year: 2014
Court: European Court of Human Rights
Citation: Application Nos. 60908/11, 62110/11, 62129/11, 62312/11 and 62338/11
Health Topics:
Chronic and noncommunicable diseases,
Occupational health Human Rights: Right to family life,
Right to favorable working conditions,
Right to life
Facts: From 1968 to early 2003 the applicants were employees at the state-owned Malta Drydocks Corporation (MDC), where they alleged they were exposed to asbestos. The applicants also alleged that the asbestos particles settled in their clothing and were carried home, affecting their private life. Asbestos had been known to be dangerous since the 1950s, however, …Read more
Tags: Asbestos,
Cancer,
Industrial hygiene,
Noncommunicable diseases,
Occupational health and safety,
Pulmonary diseases,
Respiratory diseases
Country:
Argentina Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: V. 118. XLIX.
Health Topics:
Health care and health services,
Health systems and financing,
Sexual and reproductive health Human Rights: Right to family life,
Right to health,
Right to life,
Right to social security
Facts: The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the IAPOS (Instituto Autárquico Provincial de Obras Sociales) to provide coverage for all expenditures that could arise from a reproductive assisted treatment and to cover the amounts paid for such treatment. The First Instance Civil and Commercial Court granted the amparo protection. …Read more
Tags: Access to health care,
Access to medicines,
Access to treatment,
Assisted reproductive technology,
Health regulation,
Health spending,
Pregnancy
Country:
Latvia Year: 2014
Court: The European Court of Human Rights
Citation: ECHR 181 (2014)
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to family life,
Right to privacy
Facts: The applicant’s son at the age of 23 was in a car accident and sustained very serious injuries. He had to be operated on but his condition became worse after her surgery and he died. After a few months, she discovered that her son’s kidneys and spleen had been removed for organ transplantation after his …Read more
Tags: Clinics,
Degrading treatment,
Emergency care,
Health facilities,
Inhuman treatment,
Patient choice,
Public hospitals
Country:
Russia Year: 2013
Court: European Court of Human Rights
Citation: Application No. 33117/02; [2013] ECHR 63
Health Topics:
Informed consent,
Mental health Human Rights: Right to family life,
Right to liberty and security of person
Facts: Lashin, a Russian citizen, was diagnosed with schizophrenia, given a 2nd degree disability status, and hospitalised multiple times. A hospital examination concluded that Lashin was incapable of understanding the meaning of his actions and unable to control them. Following an application by the public prosecutor, the District Court of Omsk declared Lashin legally incapacitated at …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Involuntary commitment,
Involuntary confinement Mental disorder,
Mental illness,
Mental institution Schizophrenia
Country:
Moldova Year: 2013
Court: European Court of Human Rights
Citation: Application No. 16761/09
Health Topics:
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life
Facts: Plaintiffs in this case were husband and wife. When G.B. was giving birth at the Stefan-Vodă regional hospital, a state-owned regional hospital, the head of the obstetrics and gynecology department preformed a Caesarean section on her and removed her ovaries and Fallopian tubes without obtaining her permission. As a result, G.B. suffered early menopause and …Read more
Tags: Caesarian,
Childbirth,
Compensation,
Compulsory sterilization,
Damages,
Forced sterilization,
Health care professionals,
Health care workers,
Health facilities,
Involuntary sterilization,
Negligence,
Non-consensual testing and treatment,
Non-pecuniary damages,
Pregnancy,
Public hospitals,
Remedies,
Sterilization,
Tort,
Unauthorized treatment
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