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300 judgments found.
Country:
South Africa Year: 2007
Court: Constitutional Court
Citation: [2007] ZACC 6; Case CCT 69/05
Health Topics:
Health information,
HIV/AIDS,
Informed consent Human Rights: Right to privacy Facts: A publishing company published a biography on a South African member of parliament that disclosed the names of three women who were HIV-positive. The three women alleged that their names had been published in the book without their prior consent having been obtained. They had participated in clinical trials, known as the FTC 302 trials, directed …Read more
Tags: Clinical trials,
Confidentiality,
Disclosure,
Health data,
Health records,
HIV,
HIV positive,
HIV status,
Medical records,
People living with HIV/AIDS,
PLHIV
Country:
Canada Year: 2007
Court: Ontario Superior Court of Justice – Divisional Court
Citation: [2007] OJ No 3156
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Hospitals,
Medical malpractice Human Rights: Right of access to information,
Right to due process/fair trial,
Right to privacy Facts: Botros was a specialist in psychiatry and sleep medicine. Three patients complained to the College of Physicians and Surgeons of Ontario (“the CPSO”) that Botros improperly diagnosed and treated them and that his communications were rude and unprofessional. It was also alleged that Botros withheld information and patient data from the successor physician. The Inquiries, …Read more
Tags: Clinics,
Confidentiality,
Diagnostics,
Disclosure,
Freedom of information,
Health care professionals,
Health care workers,
Health data,
Health facilities,
Health records,
Inadequate treatment,
Inappropriate treatment,
Medical records,
Misdiagnosis,
Negligence,
Non-disclosure,
Public hospitals,
Secrecy,
Testing
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:
Australia Year: 2006
Court: Supreme Court of Victoria
Citation: (2006) 15 VR 22; [2006] VSCA 85
Health Topics:
Disabilities,
Health information,
Hospitals,
Medical malpractice,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right of access to information,
Right to privacy Facts: In January 2000, Mrs. X went to the Royal Women’s Hospital (“the Hospital”). She was 32 weeks pregnant, and, after a multiple ultrasounds, it was confirmed that her baby had skeletal dysplasia (“dwarfism”). In February, a fetal reduction procedure was done and the baby was born by stillbirth. After termination, the fetus was found to …Read more
Tags: Abortion,
Confidentiality,
Depression,
Disclosure,
Freedom of information,
Handicapped,
Health care professionals,
Health care workers,
Health records,
Maternal health,
Medical records,
Misdiagnosis,
Non-disclosure,
Pregnancy,
Public hospitals,
Secrecy,
Termination of pregnancy,
Therapeutic abortion
Country:
Germany Year: 2006
Court: European Court of Human Rights
Citation: App. No. 54810/00, 44 Eur. H.R. Rep. 32 (2007).
Health Topics:
Controlled substances,
Informed consent Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to privacy Facts: Jalloh brought an action before the European Court of Human Rights (the Court), arguing that the administration of emetics by force by German officials had constituted a serious interference with his physical integrity and posed a serious threat to his health and life. Jalloh was a suspected drug dealer who was arrested by the police …Read more
Tags: Cocaine,
Compulsory treatment,
Cruel treatment,
Degrading treatment,
Drug enforcement,
Forced treatment,
Inhuman treatment,
Involuntary treatment,
Mandatory treatment,
Morphine,
Non-consensual testing and treatment,
Torture
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:
Peru Year: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R., Judgment, Inter-Am. Ct. H.R. (ser. C) No. 160 (Nov. 25, 2006).
Health Topics:
Diet and nutrition,
Disasters and emergencies,
Health care and health services,
Health information,
Hospitals,
Infectious diseases,
Medicines,
Mental health,
Prisons,
Sexual and reproductive health,
Violence,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to due process/fair trial,
Right to liberty and security of person,
Right to life,
Right to privacy Facts: During the conflict between armed groups and government forces that lasted from the 1980s until 2000, the government of Alberto Fujimori issued a law decree on April 6, 1992, ordering “the reorganization of the National Penitentiary Institute (INPE) and put[ting] the National Police of Peru in charge of the control of security at the penitentiaries.” …Read more
Tags: Abuse,
Access to drugs,
Access to medicines,
Access to treatment,
Armed conflict,
Assault,
Childbirth,
Clean water,
Cleanliness,
Compulsory examination,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Dehydration,
Detainee,
Detention,
Diet,
Drinking water,
Emergency care,
Execution,
Forced examination,
Health records,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Involuntary examination,
Jail,
Law enforcement,
Maternal health,
Medical records,
Military,
Militias,
Police,
Pregnancy,
Prison conditions,
Rape,
Safe drinking water,
Sexual abuse,
Sexual assault,
Sexual violence,
Solitary confinement,
TB,
Torture,
Tuberculosis,
Violence against women
Country:
France Year: 2006
Court: Human Rights Committee
Citation: Brun v. France, U.N. H.R. Comm., U.N. Doc. CCPR/C/ 88/D/1453/2006 (Nov. 23, 2006).
Health Topics:
Diet and nutrition,
Environmental health,
Public safety Human Rights: Right to a clean environment,
Right to due process/fair trial,
Right to health,
Right to life,
Right to participation,
Right to privacy Facts: Brun claimed a violation of Article 2 (right to remedy), Article 6 (right to life) and Article 17 (right to privacy) of the International Covenant Civil and Political Rights (ICCPR). Brun argued that Article 17 should be interpreted to include the right to live in a healthy environment. He had been sentenced for demonstrating against …Read more
Tags: Biosafety,
Contamination,
Environmental hazards,
Food,
Food safety,
Genetically-modified food,
Precautionary principle,
Safety regulation
Country:
Italy Year: 2006
Court: European Court of Human Rights
Citation: App. No. 59909/00, 45 Eur. H.R. Rep 38 (2006).
Health Topics:
Environmental health,
Water, sanitation and hygiene Human Rights: Right to a clean environment,
Right to due process/fair trial,
Right to health,
Right to privacy Facts: The applicant, an Italian national, claimed the government violated Article 8 (respect for private and family life) of the European Convention on Human Rights when its authorities failed to implement a court order to suspend a waste treatment plant because of its permanent effects on her health and home. The applicant was living in a …Read more
Tags: Cleanliness,
Contamination,
Industrial waste,
Pollution,
Waste,
Waste management
Country:
Fiji Year: 2006
Court: Court of Appeals
Citation: [2006] FJCA 75
Health Topics:
Informed consent Human Rights: Right to bodily integrity,
Right to liberty and security of person,
Right to privacy Facts: The Proceedings Commissioner at the Fiji Human Rights Commission brought a claim on behalf of J, against the Commissioner of Police, for alleged breaches of ss 25(2)[1] and 27(1)(f)[2] of the Constitution. J, who was working at the Village 6 Cinema Complex, found a new born baby in a toilet. The police were called and …Read more
Tags: Compulsory examination,
Degrading treatment,
Forced examination,
Humiliating treatment,
Involuntary examination,
Mandatory examination
Download Judgment:
Country:
Moldova Year: 2006
Court: European Court of Human Rights
Citation: Application No. 3456/05
Health Topics:
Child and adolescent health,
Health care and health services,
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to liberty and security of person,
Right to privacy Facts: The applicant is Mr. Vladimir Sarban, a Moldovan National. He was a secretary of Chişinău Municipal Council. He was held in detention on the charges of abuse of power regarding the purchase of 40 ambulances on behalf of the municipal council. However, the Court noted that the prosecutor “essentially stated” that the arrest was done …Read more
Tags: Access to health care,
Access to treatment,
Degrading treatment,
Detainee,
Detention,
Emergency care,
Examination,
Health care technology,
Inhuman treatment,
Neurological diseases,
Noncommunicable diseases,
Trauma
Country:
Ukraine Year: 2006
Court: Pecherskyi District Court
Citation: No. 2-A-216-1/06
Health Topics:
Health information,
Health systems and financing Human Rights: Right to privacy Facts: Plaintiff Svitlana Yuriyivna Poberezhets challenged the Order “On Approving the Form and Technical Description of a Medical Certificate and the Instructions for Filling In the Medical Certificate,” which required health care institutions to include information regarding a person’s initial and final medical diagnosis, and their associated medical codes, on a person’s medical certificate. The medical …Read more
Tags: Confidentiality,
Disclosure,
Employment,
Health care professionals,
Health insurance,
Health records,
Health regulation,
Medical records,
Non-disclosure,
Social security
Country:
United States Year: 2005
Court: 3rd Circuit Court of Appeal
Citation: 428 F.3d 167 (2005)
Health Topics:
Health information,
Health systems and financing Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to privacy Facts: This case concerned a challenge to a rule promulgated by the United States Department of Health and Human Services pursuant to the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The original privacy rule “required covered entities to seek individual consent to use or disclose health information in all …Read more
Tags: Confidentiality,
Disclosure,
Electronic health records,
Health data,
Health information,
Health regulation,
Medical records,
Non-disclosure,
Secrecy
Country:
United States Year: 2005
Court: 10th Circuit Court of Appeal
Citation: 419 F.3d 1097 (2005)
Health Topics:
Health information Human Rights: Right to privacy Facts: The Appellant, Douglas, brought suit claiming that the Respondent, Dobbs, an Assistant District Attorney, violated her constitutional right to privacy by approving a police search of her pharmacy records. The search was initiated after a police sergeant learned from Douglas’ physician that he suspected Douglas was abusing prescription pain medication by forging prescriptions, running through …Read more
Tags: Confidentiality,
Disclosure,
Health data,
Health information,
Medical records,
Non-disclosure,
Secrecy
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:
Colombia Year: 2005
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Tercera de Revisión, Mayo 2, 2005, M.P.: Manuel Jose Cepeda Espinosa, Sentencia T-453/05 (Colom.).
Health Topics:
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to due process/fair trial,
Right to privacy Facts: A woman filed a tutela action (appeal for legal protection), claiming that a criminal court violated the Criminal Procedures Code when it ordered and examined evidence requested by the defense in a trial where she was a rape victim. The request for evidence included documents on her behavior and several witnesses to testify about her …Read more
Tags: Molestation,
Rape,
Sexual abuse,
Sexual assault,
Sexual violence,
Violence against women
Country:
Peru Year: 2005
Court: United Nations Human Rights Committee
Citation: Llantoy Huamán v. Peru, U.N. H.R. Comm., U.N. Doc. CCPR/C/85/D/1153/2003 (2005).
Health Topics:
Child and adolescent health,
Health care and health services,
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 health,
Right to life,
Right to privacy Facts: A 17-year-old Peruvian minor was denied a legal therapeutic abortion when tests indicated that her fetus was anencephalic and a gynecologist and obstetrician advised her to terminate the pregnancy, informing her that continued pregnancy would cause risks to her life. The hospital director refused, alleging the abortion would be unlawful according to the Peruvian Criminal …Read more
Tags: Abortion,
Access to treatment,
Children,
Criminalization,
Depression,
Minor,
Pregnancy,
Termination of pregnancy,
Therapeutic abortion
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:
United Kingdom Year: 2005
Court:
Citation: Roche v. U.K., App. No. 32555/96, 42 Eur. H.R. Rep. 30 (2006).
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Occupational 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 due process/fair trial,
Right to health,
Right to privacy,
Right to property Facts: Applicant, a United Kingdom national who had served in the British Army, maintains that his health problems, which left him handicapped, were the result of his participation in mustard and nerve gas tests conducted while he served in the British Armed Forces at the Chemical and Biological Defense Establishment (CBDE) at Porton Down Barracks (England) …Read more
Tags: Asthma,
Awareness,
Contamination,
Cruel treatment,
Degrading treatment,
Duty of care,
Inhuman treatment,
Negligence,
Notification,
Pollution,
Respiratory diseases,
Tort,
Torture,
Toxic waste
Country:
Germany Year: 2005
Court: European Court of Human Rights
Citation: Storck v. F.R.G., App. No. 61603/00, 43 Eur. H.R. Rep. 96 (2005).
Health Topics:
Disabilities,
Health care and health services,
Infectious diseases,
Informed consent,
Medical malpractice,
Mental health Human Rights: Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: Applicant, a German national, alleged violations under Article 5 (right to liberty and security of person), Article 6 § 1 (right to a fair hearing) and Article 8 (right to respect for his private and family life) of the European Convention on Human Rights concerning her involuntary placement and medical treatment in a private clinic …Read more
Tags: Compensation,
Compulsory commitment,
Compulsory confinement,
Compulsory examination,
Compulsory treatment,
Damages,
Disabled,
Forced examination,
Forced treatment,
Inappropriate treatment,
Involuntary commitment,
Involuntary confinement,
Involuntary treatment,
Mandatory commitment,
Mandatory testing,
Mandatory treatment,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Negligence,
Non-consensual testing and treatment,
Paranoia,
Psychiatry,
Psychosis,
Schizophrenia
Country:
Russia Year: 2005
Court: European Court of Human Rights
Citation: App. No. 55723/00, Eur. Ct. H.R. 376 (2005).
Health Topics:
Environmental health,
Mental health,
Public safety Human Rights: Right to a clean environment,
Right to housing,
Right to privacy Facts: The applicant was a Russian national who lived in Cherepovets, a major steel-producing centre. The Severstal steel plant was built in Soviet times and owned originally by the Ministry of Black Metallurgy of the Russian Soviet Federative Socialist Republic (RSFSR). In her application against the Russian Federation under Article 34 of the Convention for the …Read more
Tags: Air pollution,
Air safety,
Biohazard,
Biosafety,
Contamination,
Environmental degradation,
Environmental hazards,
Industrial waste,
Pollution,
Safety regulation,
Toxic waste
Country:
Belgium Year: 2005
Court: Constitutional Court of Belgium [Cour constitutionnelle]
Citation: Case 2005-016F, 19 January 2005
Health Topics:
Controlled substances,
Health information Human Rights: Right to privacy Facts: J.V. filed an action in the Belgian Constitutional Court to annul article 40.6, line 2, of the Flemish Parliament’s Act of 1991 on the practice of sport with respect to health imperatives. He stated that the impugned provision that required the publication of details on a government website such as the name, date of birth …Read more
Tags: Confidentiality,
Disclosure,
Drug abuse,
Drug use,
Non-disclosure,
Notification,
People who use drugs,
Performance-enhancing drugs,
Secrecy,
Substance abuse
Country:
Argentina Year: 2005
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Z. 215. XXXIX.
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Informed consent Human Rights: Freedom of religion,
Right of access to information,
Right to bodily integrity,
Right to health,
Right to life,
Right to privacy,
Right to social security Facts: The plaintiff filed a suit against the National Institute of Social Services for Retiree [Instituto Nacional de Servicios Sociales para Jubilados y Pensionados] and Prestaciones Médico Asistenciales S.A. [PAMI] for the reimbursement of the surgical procedure the plaintiff had to go through in a Hospital that wasn’t designated by the health insurance company. This occurred because …Read more
Tags: Access to healthcare,
Access to treatment,
Freedom of Thought,
Health care professionals,
Health information,
Health insurance,
Informed choice,
Informed consent
Country:
Canada Year: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics:
Disabilities,
Health care and health services,
Health information,
Hospitals,
Medicines,
Mental health Human Rights: Right of access to information,
Right to due process/fair trial,
Right to privacy Facts: Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more
Tags: Compensation,
Confidentiality,
Damages,
Depression,
Differently abled,
Disabled,
Disclosure,
Duty of care,
Handicapped,
Health care professionals,
Health care workers,
Health records,
Inadequate treatment,
Inappropriate treatment,
Medical records,
Mental disorder,
Mental illness,
Negligence,
Non-disclosure,
Physically challenged,
Remedies,
Secrecy,
Standard of care,
Tort
Country:
Peru Year: 2005
Court: Human Rights Committee
Citation: CCPR/C/85/D/1153/2003, Communication No. 1153/2003
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals,
Mental health,
Sexual and reproductive health Human Rights: Right to health,
Right to life,
Right to privacy Facts: K.L was a 17 year old pregnant woman who was denied an abortion despite complications in her pregnancy. The foetus was anencephalic. Peruvian abortion laws allowed abortions in case there was a danger to the life or health of the mother. Anencephalic condition posed a life-threatening risk to K.L. The baby died after four days …Read more
Tags: Abortion,
Abortion counseling,
Access to health care,
Access to treatment,
Childbirth,
Children,
Clinics,
Counseling,
Depression,
Health facilities,
Infant health,
Infant mortality,
Maternal health,
Maternal mortality,
Minor,
Pediatric health,
Pregnancy,
Primary care,
Private hospitals,
Public hospitals,
Termination of pregnancy,
Therapeutic abortion,
Trauma
Country:
Year: 2005
Court: Court of Appeal (Civil Division)
Citation: [2005] EWCA Civ 629
Health Topics:
Mental health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to life,
Right to privacy Facts: The appellant, J, is an ethnically Tamil citizen of Sri Lanka. While living in Sri Lanka, J was captured by, and forced to work for, a militant group called the Liberation Tigers of Tamil Eelam (“LTTE”) between 1991 and 1993. The LTTE released him in 1993. In 1995, J was detained, interrogated, and tortured by the …Read more
Tags: Asylum,
Community-based care,
Compulsory commitment,
Cruel treatment,
Degrading treatment,
Depression,
Humiliating treatment,
Immigration,
Inhuman treatment,
Involuntary commitment,
Mandatory commitment,
Mental disorder,
Mental health,
Mental illness,
Mental institution,
Military,
Militias,
Paranoia,
Psychiatry,
Suicide,
Terrorism,
Torture,
Trauma
Country:
India Year: 2004
Court: High Court - Bombay
Citation: Writ Petition No. 1856 of 2002
Health Topics:
HIV/AIDS,
Infectious diseases,
Occupational health,
Poverty Human Rights: Freedom from discrimination,
Right to health,
Right to life,
Right to privacy,
Right to work Facts: X, the Petitioner, was a sweeper with the State Bank of India, the Respondent, for nine years on a contractual basis. The Respondent considered the Petitioner for another job and required him to undergo some medical tests. The Petitioner was deemed fit for the job by the concerned doctor. His ELISA test, however, showed that …Read more
Tags: HIV positive,
HIV status,
Occupational health and safety,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Underprivileged