Loading, please wait...
85 judgments found.


ABAR15 v Minister for Immigration and Border Protection

Country: Australia
Year: 2016
Court: Federal Court of Australia
Citation: (No 2) [2016] FCA 721
Health Topics: Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

This case addresses whether a protective visa under Australia’s Migration Act should be granted when appellant fears for her safety on return to her country because of domestic violence at the hands of her husband. A 54-year-old Vietnamese woman (appellant) was detained for being an unlawful non-citizen in Australia in 2014. She had remained in …Read more

Tags: Cruel treatment, Degrading treatment, Domestic abuse, Domestic violence, Immigrants, Immigration, Inhuman treatment, Violence against women
Download Judgment: English

CPCF v Minister for Immigration and Border Protection

Country: Australia
Year: 2015
Court: High Court
Citation: [2015] HCA 1
Health Topics: Disasters and emergencies
Facts:

An Australian border protection vessel intercepted an Indian flagged vessel carrying the plaintiff and 156 other passengers in the Indian Ocean about 16 nautical miles from the Australian territory of Christmas Island. The plaintiff was a Sri Lankan national of Tamil ethnicity who claimed to have a well-founded fear of persecution in Sri Lanka on …Read more

Tags: Humanitarian crisis, Refugees
Download Judgment: English

NSW Registrar of Births, Deaths and Marriages v. Norrie

Country: Australia
Year: 2014
Court: High Court
Citation: [2014] HCA 11
Health Topics: Sexual and reproductive health
Facts:

The Births, Deaths and Marriages Registration Act 1995 (the “Act”) empowered the Registrar to register a change of sex of a person upon that person’s request. Norrie applied to the Registrar to record her sex as non-specific as she had undergone a sex affirmation procedure but her gender ambiguity remained unresolved. Norrie did not identify …Read more

Tags: Gender identity, Gender identity disorder, Gender reassignment, LGBTI, Sex reassignment, Transgender, Transsexual
Download Judgment: English

Blessington, et al. v. Australia

Country: Australia
Year: 2014
Court: United Nations Human Rights Committee
Citation: Communication No. 1968/2010; CCPR/C/112/D/1968/2010
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The claimants, who were serving life imprisonment sentences, claimed that the state of Australia had violated articles 7, 10, 15 and 24 of the International Covenant on Civil and Political Rights (“Covenant”), particularly the right to freedom from torture and cruel, inhuman, and/or degrading treatment. The claimants were jointly tried for the murder, abduction, and …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Imprisonment, Incarceration, Inhuman treatment
Download Judgment: English

Chief Executive of the Department of Corrections v. All Means All

Country: New Zealand
Year: 2014
Court: High Court
Citation: [2014] NZHC 1433
Health Topics: Informed consent, Prisons
Human Rights: Right to bodily integrity, Right to life
Facts:

In this case, the Chief Executive of the Department of Corrections (“Department”) and the Canterbury District Health Board (“DHB”) sought a declaration of their rights and duties when providing medical treatment to prisoners. Specifically, they wished to receive a declaration that they have a right to provide medical treatment by way of artificial hydration and …Read more

Tags: Compulsory treatment, Forced treatment, Informed choice, Involuntary treatment, Mandatory treatment, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

XX v. WW and Middle South Area Mental Health Service

Country: Australia
Year: 2014
Court: Supreme Court of Victoria
Citation: [2014] VSC 564
Health Topics: Informed consent, Mental health
Human Rights: Right to liberty and security of person, Right to privacy
Facts:

XX, a mental health patient, had been detained and treated against her will at a treatment center under an Involuntary Treatment Order (“ITO”) in August 2013. The ITO was revoked by the Mental Health Review Board (“Board”). Following XX’s return to the ward, conversations with staff and an assessment by a psychiatric nurse, WW recommended …Read more

Tags: Bipolar, Compulsory commitment, Compulsory confinement, Compulsory treatment, Forced treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory confinement, Patient choice
Download Judgment: English

Reeves v. The Queen

Country: Australia
Year: 2013
Court: High Court
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

Appellant doctor Reeves, a gynecologist, saw CDW, his patient, for treatment of a pre-cancerous lesion on her left labia minora. Reeves performed a “simple vulvectomy” which entailed the removal of CDW’s entire vulva, including her labia and clitoris. CDW filed suit, and provided evidence that she had only agreed to removal of a small flap …Read more

Tags: Cancer, Examination, Female genital mutilation, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Noncommunicable diseases, Patient choice, Unauthorized treatment
Download Judgment: English

F.K.A.G. et al. v. Australia

Country: Australia
Year: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2049/2011, CCPR/C/108/D/2094/2011
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 due process/fair trial, Right to liberty and security of person
Facts:

The authors, 37 Sri Lankan citizens held in Australian immigration detention facilities, alleged that the actions of the Australian government regarding their detention violated Articles 7, 9, 10, 17, 23, and 24 of the International Covenant on Civil and Political Rights (the “Covenant”).   At the time of the submission, all of the authors were …Read more

Tags: Access to health care, Access to treatment, Asylum, Child development, Cruel treatment, Degrading treatment, Depression, Detainee, Detention, Immigration, Inhuman treatment, Migrants, Refugees, Suicide
Download Judgment: English

M.M.M. v. Australia

Country: Australia
Year: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2136/2012, CCPR/C/108/D/2136/2012
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

The authors, nine persons held in Australian immigration detention facilities, alleged violations of various articles (named below) of the International Covenant on Civil and Political Rights (the “Covenant”). The authors had different backgrounds. Two were Myanmarese citizens, six were Sri Lankan citizens, and one was a Kuwaiti citizen. They all entered Australian territorial waters on …Read more

Tags: Access to health care, Access to treatment, Asylum, Cruel treatment, Degrading treatment, Depression, Detainee, Detention, Immigration, Inhuman treatment, Mental illness, Migrants, Refugees
Download Judgment: English

Maloney v. The Queen

Country: Australia
Year: 2013
Court: High Court
Citation: [2013] HCA 28
Health Topics: Controlled substances
Human Rights: Freedom from discrimination, Right to liberty and security of person, Right to property
Facts:

The appellant was an Indigenous resident of Palm Island in Queensland who was charged with possession of more than a prescribed quantity of liquor in a restricted area on Palm Island contrary to section 168B of the Liquor Act 1992 (Q) (“Liquor Act”). Palm Island was a “community government area” within the meaning of the …Read more

Tags: Abuse, Alcohol, Assault, Criminalization, Indigenous groups
Download Judgment: English

B v. Waitemata District Health Board

Country: New Zealand
Year: 2013
Court: High Court
Citation: [2013] NZHC 1702
Health Topics: Health systems and financing, Hospitals, Mental health, Tobacco
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to privacy
Facts:

In this case applicants argued that the no-smoking policy of the Waitemata District Health Board (WDHB)and the consequent prohibition of smoking in hospitals and surrounding grounds violated their right not to be subjected to torture or cruel treatment, the right to be treated with humanity, the right to respect private life, and the right to …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Health regulation, Mental disorder, Passive smoking, Psychiatry, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

Slattery v. Manningham City Council

Country: Australia
Year: 2013
Court: Victorian Civil and Administrative Tribunal Human Rights Division
Citation: [2013] VCAT 1869
Health Topics: Disabilities, Mental health
Human Rights: Freedom from discrimination
Facts:

Mr. Slattery brought this action in the Victorian Civil and Administrative Tribunal (“the Tribunal”) alleging that the City Council of Manningham (“the Council”) had unfairly discriminated against him based on his disability. Slattery suffered from a series of mental impairments including bipolar disorder, attention deficit hyperactive disorder, and post-traumatic stress disorder. Additionally, he acquired a …Read more

Tags: Bipolar, Disabled, Mental competence, Mental disability, Mental disorder, Mental illness, Psychiatry, Psychology
Download Judgment: English

Taha v. Broadmeadows Magistrates’ Court; Brookes v. Magistrates’ Court of Victoria

Country: Australia
Year: 2013
Court: Supreme Court of Victoria Court of Appeal
Citation: [2013] VSCA 37
Health Topics: Mental health, Violence
Human Rights: Right to due process/fair trial
Facts:

Mr. Taha was arrested for failing to pay outstanding traffic fines and was sentenced to imprisonment by a magistrate after a hearing. Mr. Taha was intellectually disabled and had been certified as such and placed on a Justice Plan. Neither his legal representative nor the magistrate were aware of this, but if they were they …Read more

Tags: Domestic abuse, Domestic violence, Mental disability
Download Judgment: English

Right to Life New Zealand Inc. v. Abortion Supervisory Committee

Country: New Zealand
Year: 2012
Court: Supreme Court
Citation: [2012] NZSC 68
Health Topics: Health care and health services, Health information, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

This case is an appeal from the Court of Appeal’s decision of [2011] NZCA 246.  Under the Contraception, Sterlisation and Abortion Act 1997 (the Act), a woman in New Zealand is eligible for an abortion if two certifying consultants agree the pregnancy will seriously harm that woman’s physical or mental health.  The Abortion Supervisory Committee (the …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Confidentiality, Counseling, Health care professionals, Health care workers, Health records, Health regulation, Maternal health, Medical records, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

JT International SA v. Commonwealth

Country: Australia
Year: 2012
Court: High Court
Citation: [2012] HCA 43
Health Topics: Chronic and noncommunicable diseases, Health information, Tobacco
Human Rights: Right to property
Facts:

Australia’s Tobacco Plain Packaging Act 2011 (“TPP Act”) imposed restrictions on the color, shape and finish of retail packaging for tobacco products. It prohibited the use of trade marks on such packaging other than the use of a brand, business or company name for the relevant tobacco product. Preexisting regulatory requirements for health messages and …Read more

Tags: Advertising, Awareness, Health promotion, Heart disease, Lung disease, Noncommunicable diseases, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

Application of Justice Health, re a Patient

Country: Australia
Year: 2011
Court: Supreme Court of New South Wales
Citation: (2011) 80 NSWLR 354; [2011] NSWSC 432
Health Topics: Chronic and noncommunicable diseases, Informed consent, Prisons
Human Rights: Right to bodily integrity, Right to health
Facts:

An inmate in a correction centre (the “patient”) had end-stage lung cancer with, at best, weeks to live. The patient was incompetent to give consent or refuse any medical treatment and had no guardian who could provide substituted consent. The unanimous medical opinion was that further active treatment would be futile, and additional medical opinion …Read more

Tags: Cancer, Custody, Detainee, Detention, Imprisonment, Incarceration, Informed choice, Inmate, Involuntary treatment, Jail, Non-consensual testing and treatment, Noncommunicable diseases, Patient choice, Unauthorized treatment
Download Judgment: English

Jocelyn Edwards

Country: Australia
Year: 2011
Court: Supreme Court of New South Wales
Citation: (2011) 81 NSWLR 198; [2011] NSWSC 478
Health Topics: Chronic and noncommunicable diseases, Hospitals, Informed consent, Occupational health, Sexual and reproductive health
Human Rights: Right to property
Facts:

Jocelyn and Mark Edwards were happily married and intended to have a child. They encountered some difficulties in conceiving and consulted a fertility clinic. Both subsequently agreed to in vitro fertilization (IVF) treatment. Mark had earlier expressed the importance to him of Jocelyn having their child before he was “unable” to, which was positively supported …Read more

Tags: Assisted reproductive technology, Cancer, Clinics, Contraceptives, Fertility, In vitro fertilization, Infertility, Informed choice, Occupational accident, Public hospitals
Download Judgment: English

Momcilovic v. The Queen

Country: Australia
Year: 2011
Court: High Court
Citation: 245 CLR 1
Health Topics: Controlled substances
Human Rights: Right to due process/fair trial
Facts:

In 2006, police found over 700 grams of methylamphetamine in Momcilovic’s apartment. Forensic evidence linked the drugs to her partner, but not to Momcilovic. She denied knowing that the drugs were in her apartment or that her partner was involved in trafficking. Her partner admitted at Momcilovic’s trial that the drugs were in his possession …Read more

Tags: Criminalization, Drug abuse, Drug enforcement, Drug use, People who use drugs, Psychotropic drugs, Substance abuse
Download Judgment: English

Eastman v. Chief Executive of the Department of Justice and Community Safety

Country: Australia
Year: 2011
Court: The Supreme Court of the Australian Capital Territory
Citation: [2011] ACTSC 33
Health Topics: Chronic and noncommunicable diseases, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to liberty and security of person
Facts:

The plaintiff in this case was convicted of murder and sentenced to life imprisonment. He was transferred to the Alexander Maconochie Centre (AMC) to serve his sentence. His concern with the centre was three fold. First he wanted an order preventing two officers at the AMC from dealing with him as their treatment (usage of …Read more

Tags: Asthma, Degrading treatment, Humiliating treatment, Imprisonment, Passive smoking, Prison conditions, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking
Download Judgment: English

British American Tobacco Australia Services Limited v Laurie

Country: Australia
Year: 2011
Court: High Court of Australia
Citation: [2011] HCA 2
Health Topics: Chronic and noncommunicable diseases, Tobacco
Human Rights: Right to health
Facts:

The respondent plaintiff (continuing proceedings on behalf of her late husband) sued the appellant for negligently manufacturing and supplying tobacco products, which her husband smoked. She was also suing as a dependent widow. She further contended in support of her aggravated damages claim that the appellant company had a policy of destroying documents, which might …Read more

Tags: Cancer, Lung disease, Noncommunicable diseases, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

Medaing v. Ramu Nico Management (MCC) Ltd

Country:
Year: 2011
Court: National Court of Justice, Papua New Guinea
Citation: [2011] PGNC 95; N4340
Health Topics: Water, sanitation and hygiene
Human Rights: Right to a clean environment
Facts:

The plaintiffs, who had an interest in the land and sea areas affected by the Ramu Nickel Project (the Project) constructed by Ramu Nicko Management (MCC) Ltd (RNM), sought a permanent injunction to restrain RNM from operating a deep-sea tailings placement (DSTP) system. In the alternative, the plaintiffs sought a declaration that they must be …Read more

Tags: Environmental health, Right to water and sanitation, sanitation and hygiene
Download Judgment: English

Antunovic v. Dawson and Anr.

Country: Australia
Year: 2010
Court: Supreme Court of Victoria
Citation: (2010) 30 VR 355; [2010] VSC 377
Health Topics: Informed consent, Mental health
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

Zeljka Antunovic, 35 years of age, suffered from a mental illness for which she was treated involuntarily under a community treatment order issued pursuant to the Mental Health Act of 1986. She lived at the Northfolk Terrace Community Center Unit for some time before deciding she wished to return home to live with her mother. …Read more

Tags: Community-based care, Compulsory commitment, Compulsory treatment, Forced treatment, Health care professionals, Health care workers, Involuntary commitment, Involuntary treatment, Mandatory commitment, Mandatory treatment, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Psychiatry
Download Judgment: English

Bazley v. Monash IVF

Country: Australia
Year: 2010
Court: Supreme Court of Queensland
Citation: [2011] 2 Qd R 207; [2010] QSC 118
Health Topics: Chronic and noncommunicable diseases, Hospitals, Sexual and reproductive health
Human Rights: Right to property
Facts:

Warren Bazley provided a semen sample (the semen) to the Wesley Monash IVF clinic (IVF Clinic), prior to undergoing chemotherapy, so that his wife (Kate) might conceive their child. Unfortunately, Warren passed away before his wife became pregnant. Following Warren’s death, in response to Kate’s request to continue storing the semen, the IVF Clinic responded …Read more

Tags: Assisted reproductive technology, Cancer, Clinics, Family planning, Fertility, Infertility, Noncommunicable diseases
Download Judgment: English

RIDCA Central (Regional Intellectual Disability Care Agency) v. VM

Country: New Zealand
Year: 2010
Court: Court of Appeal
Citation: [2010] NZCA 213
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

An order for compulsory care had been made for V.M. for two years, which was extended for an additional two years under s 85 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (“IDDCR Act”).  On appeal, the High Court found that the Family Court should not have granted the extension and quashed the …Read more

Tags: Compulsory commitment, Involuntary commitment, Mandatory commitment, Mandatory treatment, Mental disorder
Download Judgment: English

Abortion Supervisory Committee v. Right to Life New Zealand Inc.

Country: New Zealand
Year: 2010
Court: Court of Appeal
Citation: [2011] NZCA 246
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to life, Right to privacy
Facts:

This case is an appeal from the High Court. An appeal from this case was dismissed by the Supreme Court in [2012] NZSC 68. A cross-appeal was filed by the respondent, the Right to Life New Zealand Inc (RTL), which asserted the lower court erred by finding the unborn child had no right to life and …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Clinics, Conscientious objection, Counseling, Diagnostics, Health care professionals, Health care workers, Health facilities, Health records, Health regulation, Medical records, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Ministry of Health v. Atkinson

Country: New Zealand
Year: 2010
Court: High Court
Citation: [2010] NZHC 1216
Health Topics: Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
Facts:

In 2010, the New Zealand Human Rights Tribunal (the Tribunal) declared that the New Zealand government’s policy that excluded relatives of disabled persons from receiving public payments for providing home-care disability services  (the Policy) was discriminatory and thus, violated s 19 of the New Zealand Bill of Rights Act (NZBoRA). The Tribunal’s declaration was challenged …Read more

Tags: Access to health care, Budget, Disabled, Handicapped, Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Physically challenged, Reimbursement, Social security, Subsidies
Download Judgment: English

L v. RIDCA Central (Regional Intellectual Disability Care Agency)

Country: New Zealand
Year: 2010
Court: High Court
Citation: HC WN CIV-2010-485-1279
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The claimant (L), a 45-year-old woman with an intellectual disability, appealed a decision by the Family Court which had ordered a 12-month extension to the compulsory care order that L was under. The care order had been initially ordered under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (“IDCCR Act”) because of L’s violent …Read more

Tags: Compulsory commitment, Compulsory confinement, Health care professionals, Health care workers, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Psychiatry, Psychology
Download Judgment: English

Fangupo v. Rex; Fa’aoa v. Rex

Country: Tonga
Year: 2010
Court: Court of Appeal
Citation: [2010] toca 17
Health Topics: Child and adolescent health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

TF previously held two convictions for housebreaking and theft and PF held four convictions for housebreaking and assault. In May 2009, TF and TP broke out of prison on three occasions. On two of these occasions they committed housebreaking and theft. In June 2009, they appeared in the Magistrates Court and admitted their guilt to …Read more

Tags: Cruel and unusual punishment, Health care professionals, Health care workers
Download Judgment:

Stuart v. Kirkland-Veenstra

Country: Australia
Year: 2009
Court: High Court
Citation: 237 CLR 215; 83 ALJR 623; 254 ALR 432; [2009] HCA 15
Health Topics: Mental health
Human Rights: Right to bodily integrity
Facts:

In this matter two police officers and the State of Victoria were being sued by Tania Kirkland-Veenstra, the spouse of a man who committed suicide. The claim was a breach of their statutory duty of care to both herself and the deceased. The two police officers found Mr. Veenstra in a park, where he was …Read more

Tags: Compulsory commitment, Duty of care, Involuntary commitment, Law enforcement, Mandatory commitment, Mental disorder, Mental illness, Negligence, Police, Psychiatry, Psychology, Suicide, Tort
Download Judgment: English

Wong v. Commonwealth

Country: Australia
Year: 2009
Court: High Court
Citation: (2009) 236 CLR 573; [2009] HCA 3
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to favorable working conditions, Right to health, Right to social security, Right to work
Facts:

Wong and Selim were “vocationally registered general practitioner(s)” within s 3F of the Health Insurance Act 1973 (Cth) (the Act). Both were found to have engaged in “inappropriate practice” by a Professional Services Review Committee (the Committee) established under Pt VAA (ss 80-106ZR) of the Act. The effect of the Committee’s findings was to require …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Compensation, Employment, Health funding, Health insurance, Health regulation, Inadequate treatment, Inappropriate treatment, Military, Out-of-pocket expenditures, Reimbursement, Social security, Subsidies
Download Judgment: English
Page 1 of 3123