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16 judgments found.
Country:
Canada Year: 2020
Court: Ontario Superior Court of Justice
Citation: 2020 ONSC 6398
Health Topics:
Chronic and noncommunicable diseases,
Sexual and reproductive health,
Water, sanitation and hygiene Facts: A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more
Tags: Access to healthcare,
Access to treatment,
Addiction,
Chronic and noncommunicable diseases,
Cleanliness,
Depression,
Diabetes,
Disabled,
Drug abuse,
drug users,
Health care and health services,
Infectious diseases,
Influenza,
Mental health,
Noncommunicable diseases,
Opioids,
People who use drugs,
Poverty,
Public safety,
Pulmonary diseases,
Respiratory diseases,
Safe drinking water,
Sexual and reproductive health,
Sexual harassment,
Substance abuse,
violence,
water sanitation and hygiene
Country:
Canada Year: 2016
Court: Ontario Court of Appeal
Citation: 2016 ONCA 676
Facts: The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more
Tags: Community-based care,
Compulsory commitment,
Compulsory examination,
Compulsory treatment,
Forced examination,
Forced treatment,
Health care and health services,
Incapacity,
Informed choice,
Informed consent,
Involuntary examination,
Mental competence,
Mental disability,
Mental disorder,
Mental health,
Mental institution,
Psychiatry,
Public safety,
Schizophrenia
Country:
South Africa Year: 2019
Court: HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL DIVISION, PIETERMARITZBURG
Citation: [2019] 4 All SA 469 (KZP)
Facts: The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more
Tags: Clean water,
Cleanliness,
Indigent,
Potable water,
Safe drinking water,
Sewage,
Waste,
Waste management
Country:
Slovenia Year: 2018
Court: European Court of Human Rights
Citation: no. 38775/14, § 2, ECHR 2018
Human Rights: Right to property,
Right to social security Facts: The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more
Tags: Disabilities,
Health systems and financing
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
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
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
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
Country:
Australia Year: 2004
Court: High Court
Citation: [2004] HCA 36; 219 CLR 486; 208 ALR 271; 78 ALJR 1056
Health Topics:
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: Mr. Behrooz (“the Appellant”) arrived in Australia without a visa and was taken into immigration detention at the Woomera Immigration Reception and Processing Centre (“Woomera”) in accordance with the Migration Act 1958 (“the Act”). The Appellant later escaped Woomera before being taken back into custody and charged with an offence under s. 197A of the …Read more
Tags: Asylum,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Immigrants,
Immigration,
Inhuman treatment,
Migrants,
Refugees
Country:
Australia Year: 2004
Court: High Court
Citation: (2004) 78 ALD 224; (2004) 207 ALR 12; (2004) 78 ALJR 992; [2004] HCA 32
Health Topics:
Mental health Human Rights: Right to due process/fair trial Facts: The Respondent, SGLB, was an Iranian national who arrived in Australia without a visa in June 2000. He was immediately placed in immigration detention. In his initial interview with immigration officers there was “no suggestion by him that any fear of persecution and possible incarceration by the authorities there motivated his departure from Iran” (para. …Read more
Tags: Asylum,
Depression,
Detention,
Immigration,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Migrants,
Psychiatry,
Psychology,
Refugees,
Suicide
Country:
Australia Year: 2004
Court: High Court
Citation: (2004) 225 CLR 1; (2004) 80 ALD 1; (2004) 210 ALR 369; (2004) 79 ALJR 43; (2004) 32 Fam LR 180; [2004] HCA 49
Health Topics:
Child and adolescent health,
Infectious diseases,
Mental health,
Prisons Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of expression,
Freedom of religion,
Right to liberty and security of person Facts: The Applicants were four Afghani children who arrived in Australia with their parents as “unlawful non-citizens” (a person who is in the migration zone who is not an Australian citizen and who does not hold a valid visa) according to the Migration Act 1958 (the Act). The family was placed in immigration detention pursuant to …Read more
Tags: Asylum,
Child development,
Children,
Compulsory commitment,
Compulsory confinement,
Cruel and unusual punishment,
Depression,
Detention,
Immigration,
Involuntary commitment,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental illness,
Migrants,
Minor,
Psychiatry,
Psychology,
Refugees,
Seclusion,
Torture
Country:
Australia Year: 2003
Court: High Court
Citation: (2003) 215 CLR 1; (2003) 199 ALR 131; (2003) 77 ALJR 1312; [2003] HCA 38
Health Topics:
Child and adolescent health,
Medical malpractice,
Sexual and reproductive health Facts: The respondents (plaintiffs at first instance), a married couple, decided not to have any more children. Mrs. M elected to have sterilization surgery (tubal litigation) performed by the appellant (defendant). Mrs. M told the appellant that her right fallopian tube had been removed and on examination that appeared to be correct, so appellant only performed …Read more
Tags: Child development,
Childbirth,
Children,
Compensation,
Damages,
Duty of care,
Family planning,
Health care professionals,
Negligence,
Pregnancy,
Sterilization,
Tort
Country:
Australia Year: 1999
Court: High Court
Citation: [1999] HCA 63; 200 CLR 177; 167 ALR 529; 74 ALJR 176
Health Topics:
Disabilities,
HIV/AIDS,
Infectious diseases,
Occupational health Human Rights: Freedom from discrimination Facts: X was discharged from the Australian Defence Force (ADF) after he tested positive for HIV, in accordance with an ADF policy that sought to avoid transmission of HIV between soldiers. He subsequently filed a complaint with the Human Rights and Equal Opportunity Commission (the Commission), claiming his discharge constituted unlawful discrimination under the Disability Discrimination …Read more
Tags: AIDS,
Disabled,
Employment,
Hepatitis,
HIV,
HIV positive,
HIV status,
Military,
Occupational hazards,
Occupational health and safety,
People living with HIV/AIDS,
PLHIV,
Safe working conditions,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Transmission
Country:
Australia Year: 1999
Court: High Court
Citation: (1999) 197 CLR 269; (1999) 162 ALR 540; (1999) 73 ALJR 782; (1999) 9 Leg Rep 2; [1999] HCA 22
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals,
Medical malpractice,
Violence Human Rights: Right to due process/fair trial Facts: In July 1980 the appellant, who was 12 years old at the time, was struck on the head by the bag of a schoolmate and collapsed. The appellant was seen by a general practitioner who referred him to Western General Hospital, the first respondent, where he was placed under the care of Mr. Jensen, the …Read more
Tags: Assault,
Children,
Compensation,
Damages,
Diagnostics,
Examination,
Health care professionals,
Health care technology,
Health care workers,
Inadequate treatment,
Minor,
Misdiagnosis,
Negligence,
Pediatric health,
Standard of care
Country:
Australia Year: 1997
Court: High Court
Citation: [1997] HCA 30; 191 CLR 1; (1997) 94 LGERA 224; (1997) 146 ALR 696; (1997) 71 ALJR 943
Health Topics:
Disabilities,
HIV/AIDS,
Hospitals,
Infectious diseases Human Rights: Freedom from discrimination Facts: IW was a member of the incorporated association known as People Living With AIDS (WA) Inc. (PLWA). PLWA applied for planning approval from the City of Perth for the use of premises as a daytime drop-in center for persons infected with or affected by HIV/AIDS. The City, via its executive body, the Council, refused the …Read more
Tags: AIDS,
Clinics,
Disabled,
HIV,
HIV positive,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
Australia Year: 1996
Court: High Court
Citation: (1996) 186 CLR 71; (1996) 43 ALD 481; (1996) 138 ALR 259; (1996) 70 ALJR 772; [1996] 13 Leg Rep 11; [1996] HCA 57
Health Topics:
Health information,
Informed consent,
Medical malpractice Human Rights: Right of access to information,
Right to bodily integrity,
Right to property Facts: In 1977, Julie Breen had a bilateral augmentation mammoplasty which involved the insertion of a silicone implant in each of her breasts. She later developed a complication in the way of bilateral breast capsules. In 1978, she sought the opinion of Dr. Cholmondeley Williams, who had not performed the original procedure. Dr. Williams advised Breen …Read more
Tags: Confidentiality,
Disclosure,
Drug safety,
Duty of care,
Health information,
Health records,
Informed choice,
Medical records,
Patient choice,
Standard of care,
Tort
Country:
Australia Year: 1992
Court: High Court
Citation: (1992) 175 CLR 218; [1992] HCA 15
Health Topics:
Child and adolescent health,
Disabilities,
Informed consent,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to life,
Right to privacy Facts: “Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more
Tags: Children,
Contraception,
Contraceptives,
Deaf,
Disabled,
Forced sterilization,
Forced treatment,
Handicapped,
Incompetence,
Informed choice,
Involuntary treatment,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Mental retardation,
Minor,
Non-consensual testing and treatment,
Patient choice,
Physically challenged,
Pregnancy,
Psychiatry,
Psychology,
Sterilization
Country:
Australia Year: 1992
Court: High Court
Citation: (1992) 175 CLR 479; [1992] HCA 58
Health Topics:
Disabilities,
Informed consent,
Medical malpractice Human Rights: Right of access to information,
Right to bodily integrity Facts: Appellant doctor appealed an award of $808,564.38 to respondent patient. Appellant doctor had operated on the right eye of respondent patient in an attempt to improve its appearance and restore some sight as respondent patient’s right eye had been sightless from a previous injury. The lower court had found that appellant doctor had operated with …Read more
Tags: Blind,
Disabled,
Duty of care,
Handicapped,
Informed choice,
Negligence,
Patient choice,
Physically challenged,
Standard of care,
Tort