414 judgments found.

Hajol v. Poland

Country: Poland
Year: 2010
Court: European Court of Human Rights
Citation: Hajol v. Poland, Application No. 1127/06, Eur. Ct. H.R. (2010).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

The applicant, Pawel Hajol, had been suffering from several illnesses including diabetes, arterial hypertension, and cirrhosis of the liver when he was arrested in 2004 for attempting to influence a trial during the exercise of his function as a prosecutor. The District Court of Krakow placed the applicant in provisional detention while authorities gathered evidence. …Read more

Tags: Access to health care, Access to treatment, Custody, Degrading treatment, Detainee, Detention, Diabetes, Imprisonment, Incarceration, Inmate, Liver disease, Noncommunicable diseases
Download Judgment: French Polish

Jehovah’s Witnesses of Moscow and Others v. Russia

Country: Russia
Year: 2010
Court: European Court of Human Rights
Citation: Application No. 302/02
Health Topics: Health care and health services, Informed consent
Human Rights: Freedom from discrimination, Freedom of association, Freedom of religion
Facts:

On March 26, 2004, the District Court of Moscow upheld a claim to dissolve the religious community of Jehovah’s Witnesses in Moscow (“Community”) and imposed a permanent ban on its activities. The court upheld the claim on various the grounds, which included charges that the Community encouraged its members to commit suicide and/or refused medical …Read more

Tags: Access to health care, Access to treatment, Compulsory examination, Compulsory testing, Compulsory treatment, Emergency care, Forced treatment, Informed choice, Involuntary examination, Involuntary testing, Involuntary treatment, Patient choice, Unauthorized treatment
Download Judgment: English

Kozhokar v. Russia

Country: Russia
Year: 2010
Court: The European Court of Human Rights
Citation: Application no. 33099/08, ECHR 2010
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

This case is about the conditions of the applicant’s detention and the sufficiency of his medical care while he was detained in remand centre no. IZ-71/1 and correctional colony no. 7 in the Tula region of the Russian Federation. On 18 October 2006, the applicant, a Russian national, was arrested for drug trafficking. He was …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Clinics, Compensation, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Diet, Duty of care, Essential medicines, Examination, Food, Health facilities, Hepatitis PLHIV, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Inadequate treatment, Incarceration, Inhuman treatment, Inmate, Jail, Liver disease, Malnutrition, People living with HIV/AIDS, Prison conditions, Public hospitals, Remedies, Standard of care, Testing, Torture, Tuberculosis
Download Judgment: English

Maternity Clinic Nursing Home at Pipulpati Chinsurah v. Saikat Shom

Country: India
Year: 2010
Court: National Consumer Disputes Redressal Commission
Citation: Disputes Redressal Commission (NCDRC), REVISION PETITION NO. 204 OF 2006.
Health Topics: Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Facts:

Mahua Shom went to a nursing home’s maternity clinic to deliver her child. She was admitted at 8:30 am on August 25, 1997 to a clinic belonging to the wife of Dr. S.B. Mondal, a gynecologist. Despite her emergency condition, she was not seen by physicians until 4:00 pm, when a treating doctor completed delivery …Read more

Tags: Access to health care, Childbirth, Clinics, Compensation, Damages, Eclampsia, Emergency care, Health facilities, Healthcare professionals Health care workers, Inadequate care, Inappropriate treatment, Maternal health, Maternal mortality, Negligence, Pregnancy
Download Judgment: English

McCallum v. South Africa

Country: South Africa
Year: 2010
Court: United Nations Human Rights Committee
Citation: Communication No. 1818/2008; U.N. Doc. CCPR/C/100/D/1818/2008
Health Topics: Health care and health services, HIV/AIDS, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Bradley McCallum, a detainee at a maximum correctional facility in South Africa, claimed to be a victim of violations of articles 7 and 10 of the International on Civil and Political Rights (“Covenant”). In particular, McCallum alleged that he was physically abused, raped, and subject to other ill treatment by South African prison authorities during …Read more

Tags: Abuse, Access to health care, Cruel treatment, Degrading treatment, Detainee, Detention, HIV, HIV status, Imprisonment, Incarceration, Inhuman treatment, Medical records, Most-at-risk, Prison conditions, Rape, Testing, Torture, Transmission
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

R. v. Hneihen

Country: Canada
Year: 2010
Court: Ontario Superior Court of Justice
Citation: 2010 ONSC 5353
Health Topics: Health care and health services, Hospitals, Mental health, Prisons
Human Rights: Right to liberty and security of person
Facts:

Mr. Hneihen was found not criminally responsible by reason of mental disorder (NCRMD), in relation to several criminal charges. The trial judge ordered that Mr. Hneihen be detained at the Centre for Addiction and Mental Health (CAMH) pending review by the Ontario Review Board (ORB), an independent tribunal that oversees individuals unfit to stand trial …Read more

Tags: Access to health care, Access to treatment, Compulsory commitment, Counselling, Custody, Detention, Imprisonment, Incarceration, Inmate, Involuntary commitment, Jail, Mandatory commitment, Mental disorder, Mental illness, Mental institution
Download Judgment: English

Re Assisted Human Reproduction Act

Country: Canada
Year: 2010
Court: The Supreme Court of Canada
Citation: 2010 SCC 61
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

The Attorney General (AG) of Quebec challenged the constitutionality of sections 8 to 19, 40 to 53, 60, 61 and 68 of Canada’s Assisted Human Reproduction Act (the “Act”) on federalism grounds. Some of these provisions create or relate to prohibitions on human cloning and various aspects of the commercialization of reproductive materials and functions. …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Childbirth, Clinics, Criminalization, Family planning, Fertility, Health care technology, Health facilities, Health regulation, In utero fertilization, In vitro fertilization, Infertility, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Santini, Pablo José v. I.N.S.S.J.Y.P.[Instituto Nacional de Servicios Sociales para Jubilados y Pensionados] et al.

Country: Argentina
Year: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S. 311. XLV.
Health Topics: Health care and health services, Health systems and financing, Mental health
Human Rights: Right to health, Right to life, Right to social security
Facts:

The plaintiff’s grandmother filed a guarantee of protection of individual constitutional rights (amparo protection) with First Instance Civil and Commercial Court of Mar del Plata [Juzgado Civil y Comercial n°2 de Mar del Plata] to get health coverage for her grandson from the National Institute for Social Services for Retiree [I.N.S.S.J.Y.P] and the National State, …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Health insurance, Mental illness
Download Judgment: Spanish

Stamen Filipov and Biljana Zhivkovska to the Constitutional Court

Country: Macedonia
Year: 2010
Court: Constitutional Court
Citation: 109/2009-0-1
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The Petitioners, Stamen Filipov and Biljana Zhivkovska, challenged a provision excluding certain health services from the Law on Health Insurance (the Law). Article 9 of the Law specified certain services that would be paid for under a compulsory health insurance scheme administered by the Health Insurance Fund (the Fund). Article 10 specified certain services that …Read more

Tags: Access to health care, Access to treatment, Emergency care, Health care technology, Health facilities, Health funding, Health insurance, Health regulation, Out-of-pocket expenditures, Primary care, Reimbursement, Secondary care, Social security, Tertiary care, Testing
Download Judgment: English Macedonian