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590 judgments found.
Country:
Uganda Year: 2018
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 094 of 2015
Health Topics:
Disabilities,
Health care and health services,
Hospitals,
Mental health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to a clean environment,
Right to health,
Right to liberty and security of person,
Right to privacy,
Right to water and sanitation
Facts: The plaintiff stated that the Butabika Hospital is the only public psychiatric hospital under the Ministry of Health in Uganda. Further it is the only mental referral hospital and cases referred to it by other health facilities are of acute conditions, which require a specialized and skilled management. A part of the procedure in the …Read more
Tags: Bipolar,
Cleanliness,
Compulsory confinement,
Cruel treatment,
Degrading treatment,
Depression,
Humiliating treatment,
Involuntary confinement,
Isolation,
Mandatory confinement,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Paranoia,
Psychiatry,
Psychology,
Psychosis,
Trauma
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:
South Africa Year: 2017
Court: Constitutional Court of South Africa
Citation: 2017 (12) BCLR 1528 (CC)
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals Human Rights: Right to bodily integrity,
Right to health,
Right to life
Facts: The respondent – DZ in this case gave birth to WZ. Due to prolonged labour, DZ suffered from asphyxation, which led to cerebral palsy. WZ brought an action for damages on behald of DZ on the account of negligence of the hopsital staff. The Medical of the Executive Council (MEC) for health admitted negligence on …Read more
Tags: Access to health care,
Access to treatment,
Childbirth,
Children,
Damages,
Duty of care,
Health facilities,
Inadequate treatment,
Infant,
Infant health,
Maternal health,
Minor,
Negligence,
Neurological diseases,
Pediatric health,
Pregnancy,
Public hospitals,
Remedies,
Standard of care
Country:
Year: 2017
Court: The High Court of South Africa, North West Division
Citation: Case Number 303/16
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Medical malpractice Human Rights: Right to health
Facts: JR in her capacity as the natural guardian of O claimed damages for medical negligence. O was admitted to the hospital as he was suffering from Diarrohea. A drip was inserted on his forehead. The plaintiff noticed some black spots near O’s ear and scalp (gangrenous tissue). The plaintiff alleged that the failure to monitor …Read more
Tags: Access to health care,
Child development,
Compensation,
Damages,
Duty of care,
Health facilities,
Inadequate treatment,
Inappropriate treatment,
Minor,
Negligence,
Neurological diseases,
Public hospitals,
Standard of care
Country:
Portugal Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 56080/13
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Hospitals,
Infectious diseases,
Medical malpractice Human Rights: Right to bodily integrity,
Right to health,
Right to life
Facts: The applicant’s husband underwent a surgery to remove nasal polyps. He suffered from severe headaches and went back to the emergency department. The duty doctor prescribed him some tranquilizer stating it was some psychological problem. As the headaches did not subside, a medical team examined him the next day and found that he was suffering …Read more
Tags: Access to health care,
Access to treatment,
Clinics,
Compensation,
Counseling,
Damages,
Diagnostics,
Disclosure,
Duty of care,
Emergency care,
Examination,
Health facilities,
Health records,
Inadequate treatment,
Inappropriate treatment,
Medical records,
Misdiagnosis,
Negligence,
Non-pecuniary damage,
Private hospitals,
Public hospitals,
Remedies,
Standard of care,
Testing
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:
Belize Year: 2016
Court: Supreme Court of Belize
Citation: Claim 668 of 2010
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Infectious diseases,
Mental health,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Freedom of expression,
Right to health,
Right to privacy
Facts: The Claimant, Caleb Orozco, a citizen of Belize was a homosexual male and a health educator. In the Supreme Court of Belize, he challenged the constitutional validity of Section 53 of the Belize Criminal Code to the extent that it criminalized anal sex between two consenting male adults. Section 53 of the Criminal Code stated …Read more
Tags: Access to health care,
Access to treatment,
AIDS,
Assault,
Buggery,
Bullying,
Counselling,
Depression,
Diagnostics,
Gay,
Hazing,
HIV,
HIV positive,
HIV status,
Homosexual,
Lesbian,
LGBTI,
Molestation,
Most-at-risk,
Non-disclosure,
People living with HIV/ AIDS,
PLHIV,
Queer,
Rape,
Secrecy,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual orientation,
Sexual violence,
Sexually transmitted diseases,
Sodomy,
STDs,
STIs,
Transmission,
Trauma
Country:
Czech Republic Year: 2016
Court: The European Court of Human Rights
Citation: Applications nos. 28859/11 and 28473/12
Health Topics:
Health care and health services,
Health systems and financing,
Sexual and reproductive health Human Rights: Right to health,
Right to privacy
Facts: Ms. Šárka Dubská and Ms. Alexandra Krejzová brought an action against the Czech Republic, claiming that Czech legislation violated the right to private life provided by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms by effectively prohibiting health professionals, including midwifes, from assisting in home births. Czech legislation required …Read more
Tags: Access to health care,
Childbirth,
Health regulation,
Maternal health,
Midwifery,
Pregnancy
Country:
South Africa Year: 2016
Court: The High Court of South Africa, Kwazulu- Natal Division
Citation: Case No. 14275/2014
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to health,
Right to life
Facts: The plaintiff instituted an action for medical negligence on behalf of her daughter. She stated that due to the negligence of the hospital staff, her daughter suffers from spastic quadriplegic cerebral palsy, poor cognitive ability, feeding difficulty etc. The plaintiff was admitted and assessed by a midwife who authorised her admission to a ward for …Read more
Tags: Child development,
Childbirth,
Duty of care,
Health facilities,
Inadequate treatment,
Minor,
Negligence,
Neurological diseases,
Public hospitals,
Remedies,
Standard of care
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:
United States Year: 2016
Court: The Supreme Court of the United States
Citation: 579 U.S. ___ (2016)
Health Topics:
Health care and health services,
Hospitals,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to health
Facts: In 2013, the Texas Legislature passed House Bill 2 (H.B. 2), which contained several provisions, which restricted access to abortion. One such requirement was that a doctor must have admitted privileges at a hospital within 30 miles and further every health facility offering abortion services must become mini hospitals as ambulatory surgical centers. A group …Read more
Tags: Abortion,
Abortion counseling,
Abortion technique,
Access to health care,
Access to treatment,
Clinics,
Health care technology,
Health facilities,
Private hospitals,
Public hospitals
Country:
India Year: 2016
Court: The Supreme Court of India
Citation: (2016) 10 SCC 726
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to health
Facts: The petitioner in the present case claimed that a sterilization camp managed by an NGO in Bihar was conducting sterilization without following any proper protocol. More than 50 women had undergone sterilization at the camp without being provided any kind of counseling and information about the procedure. The procedure of the sterilization was highly unsanitary; …Read more
Tags: Access to treatment,
Clinics,
Compulsory sterilization,
Counseling,
Family planning,
Forced sterilization,
Health facilities,
Informed choice,
Mandatory treatment,
Maternal health,
Negligence,
Patient choice,
Pregnancy,
Sterilization,
Unauthorized treatment
Country:
Cameroon Year: 2016
Court: United Nations Human Rights Committee
Citation: CCPR/C/121/D/2764/2016
Health Topics:
Health care and health services,
Prisons Human Rights: Right to due process/fair trial,
Right to health
Facts: The International Covenant on Civil and Political Rights (ICCPR) is a treaty by which its parties commit to preserving certain human and political rights. The First Optional Protocol of the Covenant allows for individuals to bring complaints, referred to as communications, against state parties to the Protocol that have allegedly violated articles of the ICCPR. …Read more
Tags: Access to health care,
Cruel treatment,
Custody,
Detainee,
Detention,
due process,
health care services,
Imprisonment,
Incarceration,
Jail,
Prison,
Prison conditions,
Right to Fair Trial
Country:
Kenya Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 218 of 2013
Health Topics:
Aging,
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals,
Poverty Human Rights: Freedom from discrimination,
Right to health,
Right to life
Facts: The Petitioners suffered from renal failure and required frequent renal dialysis treatments. Kenyatta National Hospital did not have an adequate number of machines to serve Petitioners’ needs, and would often choose to treat in-patients before Petitioners. Furthermore, the National Hospital Insurance Fund would not reimburse Petitioners for treatments sought at private hospitals. Petitioners brought suit …Read more
Tags: Access to health care,
Access to treatment,
Budget,
Health expenditures,
Health funding,
Health insurance,
Health spending,
Kidney disease,
Long-term care,
Low income,
Noncommunicable diseases,
Out-of-pocket expenditures,
Poor,
Private hospitals,
Public hospitals,
Reimbursement,
Subsidies
Country:
Botswana Year: 2015
Court: Court of Appeal of the Republic of Botswana at Gaborone
Health Topics:
Health care and health services,
HIV/AIDS,
Infectious diseases,
Prisons Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to life
Facts: Case 1: Tapela and Piye, two Zimbabwean nationals imprisoned in Botswana, both contracted HIV in prison. They were refused antiretroviral treatment for their condition based on a internal directive issued by the national government to all public medical institutions and personnel on March 26, 2004, indicating that testing, assessment, and treatment with antiretroviral and highly active …Read more
Tags: Access to health care,
Access to treatment,
AIDS,
Detainee,
Detention,
Diagnostics,
HIV,
HIV positive,
HIV status,
Imprisonment,
Incarceration,
Inmate,
Jail,
Law enforcement,
People living with HIV/AIDS,
Testing
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:
Uganda Year: 2015
Court: Supreme Court
Citation: Constitutional Appeal No. 1 of 2013
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Hospitals,
Poverty,
Sexual and reproductive health Human Rights: Right to health,
Right to life
Facts: This case was filed by the families of two women who died during childbirth and the Centre for Health, Human Rights and Development (CEHURD). They argued that inadequate resources for maternal health violated the right to health under Objectives XIV (b) XX, XV and Article 8A of the Ugandan Constitution, the right to life under …Read more
Tags: Access to health care,
Access to treatment,
Budget,
Childbirth,
Clinics,
Emergency care,
Health care professionals,
Health care workers,
Health expenditures,
Health facilities,
Health funding,
Health regulation,
Health spending,
Indigent,
Infant health,
Infant mortality,
Low income,
Maternal health,
Maternal mortality,
Midwifery,
Poor,
Pregnancy,
Public hospitals,
Underprivileged
Country:
Canada Year: 2015
Court: Court of Appeal, British Columbia
Citation: 2015 BCCA 91
Health Topics:
Aging,
Chronic and noncommunicable diseases,
Diet and nutrition,
Health care and health services,
Hospitals,
Informed consent,
Mental health Human Rights: Right to bodily integrity,
Right to health
Facts: Mrs. Bentley was an 83-year-old woman suffering from Alzheimer’s Disease. Mrs. Bentley had not spoken since 2010 and did not recognize anyone. In 1991 she had signed a directive that expressed her desire to be allowed to die and not be kept alive by artificial means or heroic measures in case there was no reasonable …Read more
Tags: Aged person,
Diet,
Elderly,
Food,
Health facilities,
Incompetence,
Long-term care,
Mental competence,
Neurological diseases,
Patient choice,
Unauthorized treatment
Country:
South Africa Year: 2015
Court: The High Court Of South Africa, Gauteng North Division, Pretoria
Citation: [2015] ZAGPPHC 645
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals,
Medical malpractice,
Medicines,
Mental health,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to health
Facts: The plaintiff filed a suit against the Member of the Executive Council for negligence on part of the George Mukhari Hospital during and after her caesarean (C-sec) operation and also the manner in which they treated her infant daughter. The said public hospital is under the administration of the Gauteng Provincial Department. The plaintiff was …Read more
Tags: Access to health care,
Access to treatment,
Caesarean,
Childbirth,
Children,
Duty of care,
Health facilities,
Inadequate treatment,
Infant,
Infant health,
Maternal health,
Minor,
Negligence,
Pediatric health,
Pregnancy,
Psychology,
Public hospitals,
Remedies,
Standard of care,
Trauma
Country:
South Africa Year: 2015
Court: The High Court of South Africa, Gauteng Divison, Pretoria
Citation: Case no. 43421A/2013
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to health,
Right to life
Facts: The plaintiff in this case alleged negligence in her legal capacity of a guardian of her child (B) who suffers from cerebral palsy. She alleged that it was the hospital’s negligence during labour and childbirth, which cause a permanent brain damage in her daughter. In her plaint, she stated that the hospital did not keep …Read more
Tags: Access to treatment,
Caesarian,
Clinics,
Duty of care,
Health facilities,
Negligence,
Neurological diseases,
Patient choice,
Remedies,
Standard of care
Country:
South Africa Year: 2015
Court: The Constitutional Court of South Africa
Citation: [2015] ZACC 33
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Medical malpractice Human Rights: Right to bodily integrity,
Right to health
Facts: The Appellant is a 17 year old, who suffered spinal injuries during a rugby match, which left him paralysed below his neck and in a quadriplegic state. Thereafter, he received treatment at three hospitals under the responsbiliy of the respondent. At the first hospital, he arrived at around 3 pm and was attended to by …Read more
Tags: Access to health care,
Access to treatment,
Compensation,
Damages,
Duty of care,
Emergency care,
Health facilities,
Inadequate treatment,
Negligence,
Neurological diseases,
Public hospitals,
Remedies,
Secondary care,
Standard of care
Country:
South Africa Year: 2015
Court: The High Court of South Africa (Eastern Cape Local Division: Mthatha)
Citation: Case No. 2571/13
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to health,
Right to life
Facts: The plaintiff filed a suit in her personal capacity and as a guardian of her minor child, Z alleging medical negligence. She alleged that the hospital failed to determine the need for a Caesarean Section and due to prolonged labour and foetal distress, Z suffered from cerebral damage at birth. The Defendant pleaded that under …Read more
Tags: Access to treatment,
Caeserean,
Childbirth,
Clinics,
Duty of care,
Infant health,
Minor,
Negligence,
Neurological diseases,
Patient choice,
Remedies,
Right to bodily integrity,
Right to Health,
Right to life TAGS: Health facilities,
Standard of care
Country:
Uganda Year: 2015
Court: High Court of Uganda at Kampala
Citation: Civil Suit No. 111 of 2012
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to health,
Right to life
Facts: The plaintiffs contended that a woman named Nanteza Irene was brought to the Nakaseke Hospital to deliver a child. She had an obstructed labour and did not receive appropriate medical care due to unavailability of the duty doctor (DW4). The plaintiffs sought damages on account of negligent conduct of the hospital in respect of a …Read more
Tags: Access to health care,
Access to treatment,
Childbirth,
Children,
Clinics,
Compensation,
Damages,
Duty of care,
Emergency care,
Examination,
Health care technology,
Health facilities,
Inadequate treatment,
Maternal health,
Maternal mortality,
Minor,
Negligence,
Non-pecuniary damage,
Pediatric health,
Pregnancy,
Public hospitals,
Remedies,
Standard of care,
Tort
Country:
Sudan Year: 2015
Court: African Commission on Human and Peoples’ Rights
Citation: Communication 379/09
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Prisons,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to liberty and security of person
Facts: The complainants were human rights activists who were arrested, tortured and ill-treated by the Intelligence Services of Sudan. They were also compelled to leave Sudan. Mr. Suliman’s human rights organization was further shut down by the Sudanese Authorities. During the interrogation, the authorities threatened to kill and rape Mr. Hummeida. He was further denied medical …Read more
Tags: Abuse,
Access to health care,
Access to treatment,
Assault,
Bullying,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Heart diseases,
Imprisonment,
Inhuman treatment,
Law enforcement,
Torture
Country:
Philippines Year: 2015
Court: UN Committee on the Elimination of Discrimination against Women
Citation: CEDAW/C/OP.8/PHL/1
Health Topics:
Health care and health services,
Hospitals,
Sexual and reproductive health Human Rights: Right to health,
Right to life
Facts: An executive order was passed in Manila by the local authorities stating that it would take an affirmative stand on pro-life issues. In 1991, Philippines had delegated the issue of people’s health and safety to the local authorities therefore they could make policy decisions such as family planning services, population and health services. The Executive …Read more
Tags: Abortion,
Birth control,
Contraception,
Contraceptives,
Family planning,
Pregnancy,
Unsafe abortion