409 judgments found.

Navtej Singh Johar & Ors. v. Union of India

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
Download Judgment: English

Erdinç Kurt and Others v. Turkey

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
Download Judgment: English

Ioniță v. Romania

Country: Romania
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 81270/12
Health Topics: Child and adolescent health, 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 life
Facts:

The applicants’ minor son underwent surgery for the removal of a polyp in a public emergency hospital. The child was transferred to the ICU unit under a staff nurse who had assisted in the surgery. Due to a hemorrhage and a number of failed attempts to resuscitate, the child died. There were contrary reports of …Read more

Tags: Access to health care, Access to treatment, Child mortality, Children, Clinics, Compensation, Damages, Diagnostics, Duty of care, Emergency care, Examination, Health data, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Infant health, Infant mortality, Medical records, Minor, Negligence, Non-consensual testing and treatment, Non-pecuniary damage, Patient choice, Pediatric health, Primary care, Public hospitals, Remedies, Standard of care, Testing, Tort, Unauthorized treatment
Download Judgment: English

J.R. v. The Member of the Executive Council, North West Division, Mahikeng

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
Download Judgment: English

Lopes De Sousa Fernandes v. Portugal

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
Download Judgment: English

Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government v. DZ obo WZ

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
Download Judgment: English

Burns v. Cline, Oklahoma Commissioner of Health

Country: United States
Year: 2016
Court: The Supreme Court of the State of Oklahoma
Citation: 2016 OK 99
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to privacy
Facts:

The plaintiffs challenges several sections under the Oklahoma Code stating that it imposed unreasonable restrictions on abortion providers and therefore was in violation of the Oklahoma constitution. Amongst the measure the plaintiffs challenged, one of the sections allowed warrantless searches of abortion clinics. Other sections imposed strict requirements such as preserving tissue in case the …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Childbirth, Clinics, Health care technology, Health facilities, Maternal health, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Caleb Orozco v. Attorney General of Belize

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
Download Judgment: English

Case of Dubská and Krejzová v. The Czech Republic

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
Download Judgment: English

Daniel Ng’etich v. Attorney General

Country: Kenya
Year: 2016
Court: High Court of Kenya, Constitutional and Human Rights Division
Citation: Petition No. 329 of 2014 [2016] eKLR
Health Topics: Health care and health services, Hospitals, Infectious diseases, Prisons, Public safety
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to liberty and security of person
Facts:

The Public Health Officer in the Nandi Central District arrested the petitioners- Daniel Ng’etich and Patrick Kipng’etich Kirui stating that they had failed to take the prescribed TB Medications. Under Section 27 of the Public Health Act, a magistrate could order the isolation and detention of a person who has been exposed to an infection. …Read more

Tags: Access to health care, Access to treatment, Clinics, Custody, Detainee, Detention, Health facilities, Imprisonment, Prison conditions, Private hospitals, Public hospitals, Safety regulation, TB, Tuberculosis
Download Judgment: English