206 judgments found.

Berishvili v. Rustavi City Hall, et al.

Country: Georgia
Year: 2004
Court: Court of Cassation
Citation: Case no. bs-205-172-k-04
Health Topics: Child and adolescent health, Environmental health, Health care and health services, Health systems and financing, Mental health, Public safety
Human Rights: Right to a clean environment
Facts:

Petitioner Berishvili requested reimbursement from defendants Rustavi City Hall and LLC “Cultural and Recreational Park” for medical expenses incurred by her son after he was injured in a city park. Petitioner and her son went to the Cultural Recreation Park in Rustavi City. While at the park, a poisonous snake bit her son who required …Read more

Tags: Access to health care, Access to treatment, Children, Environmental hazards, Minor, Out-of-pocket expenditures, Pediatric health, Psychiatry, Psychology, Secondary care
Download Judgment: English Georgian

Canadian Foundation for Children, Youth and the Law v. Canada

Country: Canada
Year: 2004
Court: Supreme Court
Citation: [2004] 1 S.C.R. 76; I.L.D.C. 177 (CA 2004); 2004 S.C.C. 4
Health Topics: Child and adolescent health
Human Rights: Freedom from discrimination, 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
Facts:

This case involved a challenge to the constitutionality of s. 43 of the Criminal Code, which excluded reasonable physical correction of children by parents and teachers from the definition of assault under the Criminal Code, R.S.C. 1985, c. C-46, s.265. The Canadian Foundation for Children, Youth and the Law (the Foundation) sought a declaration to …Read more

Tags: Child development, Children, Cruel treatment, Degrading treatment, Humiliating treatment, Inhuman treatment, Minor, Pediatric health, Torture
Download Judgment: English French

Case 54/2004 (XII.13.)

Country: Hungary
Year: 2004
Court: Constitutional Court
Health Topics: Child and adolescent health, Controlled substances
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

Five petitions brought separate challenges to Act IV of 1978 on the Hungarian Criminal Code (“Act”) related to the misuse of narcotic drugs. They argued that the Parliament had failed to ensure the exercise of the right to self-determination when it ordered the punishment of the production and cultivation of a small amount of narcotic …Read more

Tags: Addiction, Cannabis, Child development, Children, Cocaine, Criminalization, Drug abuse, Drug enforcement, Drug use, Heroin, IDUs, Injecting drug users, Minor, Opioids, Opium, Pediatric health, People who use drugs, Psychotropic drugs, Substance abuse
Download Judgment: English

Christian Lawyers’ Association v. Minister of Health

Country: South Africa
Year: 2004
Court: High Court - Transvaal Provincial Division
Citation: 2004 (10) BCLR 1086 (T)
Health Topics: Child and adolescent health, Informed consent, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to health, Right to liberty and security of person, Right to privacy
Facts:

Christian Lawyers’ Association (“plaintiff”) submitted an action seeking to find unconstitutional sections of the Choice on Termination of pregnancy Act 92 of 1996 (“the Act”). The sections enabled women under the age of 18 to terminate their pregnancy without restrictions such as parental consent, parental consultation, required counselling, or a waiting period (collectively called “parental …Read more

Tags: Abortion, Children, Criminalization, Health care professionals, Health care workers, Informed choice, Minor, Parental consent, Parental notification, Pregnancy, Termination of pregnancy
Download Judgment: English

Community of San Mateo de Huanchor v. Peru

Country: Peru
Year: 2004
Court: Inter-American Commission on Human Rights
Citation: Report No. 69/04, Case 504/03, October 15, 2004; OEA/Ser.L/V/II.122 Doc. 5 rev. 1 at 487, 23 February 2005
Health Topics: Child and adolescent health, Environmental health
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to bodily integrity, Right to family life, Right to life, Right to participation, Right to property
Facts:

This report addresses the admissibility of a petition that alleged Peru failed to fulfill its obligations under the American Convention on Human Rights (the Convention). The Petitioner was the National Coordinator of Communities of Peru Affected by Mining (CONACAMI), representing members of the Community of San Mateo de Huanchor, in their claim that the State …Read more

Tags: Child development, Children, Contamination, Indigenous groups, Minor, Pediatric health, Pollution, Toxic waste
Download Judgment: English Spanish

Glass v. The United Kingdom

Country: United Kingdom
Year: 2004
Court: European Court of Human Rights
Citation: Glass v. U.K., App. No. 61827/00, 39 Eur. H.R. Rep. 15 (2004).
Health Topics: Child and adolescent health, Disabilities, Health systems and financing, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to family life, Right to privacy
Facts:

Applicants, a severely handicapped child and his mother (and legal proxy) Ms. Glass, claimed an Article 8 violation (right to respect for private life) when Ms. Glass’ objection to a course of medical treatment was overruled by the medical staff. As a legal proxy, the mother gave authorization to the doctors at St Mary’s Hospital …Read more

Tags: Children, Disabled, Emergency care, Handicapped, Informed choice, Mental competence, Mental disability, Minor, Non-consensual testing and treatment, Patient choice, Pediatric health, Physically challenged
Download Judgment: English Slovenian

International Federation of Human Rights Leagues (FIDH) v. France

Country: France
Year: 2004
Court: European Committee of Social Rights
Citation: Complaint No. 13/2003, 40 Eur. H.R. Rep. SE25 (2005).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
Facts:

Changes in French domestic law required foreign nationals to have lawfully resided in France for three continuous months and to satisfy an economic means test in order to qualify for benefits under the country’s universal medical coverage (CMU) program. The benefits for lawful nationals included health insurance with a potential to receive supplemental insurance. Conversely, …Read more

Tags: Access to health care, Access to treatment, Children, Health care technology, Health expenditures, Health funding, Health insurance, Health spending, Immigration, Migrants, Minor
Download Judgment: English

Juvenile Reeducation Institute v. Paraguay

Country: Paraguay
Year: 2004
Court: Inter-American Court of Human Rights
Citation: Preliminary Objections, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 112 (Sept. 2, 2004).
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

Nine inmates died from a fire at juvenile detention center “Colonel Panchito López” Juvenile Reeducation Institute (Center), one inmate died from a bullet wound sustained at the Center, and 37 inmates sustained injuries and smoke inhalation from three fires at the Center. The Center was under the authority of the Ministry of Justice and Labor …Read more

Tags: Abuse, Access to health care, Access to treatment, Addiction, Child development, Children, Cruel treatment, Custody, Degrading treatment, Depression, Drug abuse, Drug use, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Minor, Prison conditions, Torture
Download Judgment: English

Madafferi v. Australia

Country: Australia
Year: 2004
Court: United Nations Human Rights Committee
Citation: U.N. Doc.CCPR/C/81/D/1011/2001 (Aug. 26, 2004).
Health Topics: Child and adolescent health, Health care and health services, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to liberty and security of person, Right to privacy
Facts:

The petitioner, an Italian citizen detained by Australian authorities for breach of immigration law, alleged possible violations of family rights under the International Covenant on Civil and Political Rights (ICCPR) due to his continued detention which led to his mental health deterioration. Initially, when petitioner suffered a mental health deterioration while detained, he was released …Read more

Tags: Child development, Children, Compulsory confinement, Detention, Immigration, Involuntary confinement, Mandatory confinement, Migrants, Minor, Psychiatry
Download Judgment: English

Maldonado, Sergio Adrián s/materia: previsional s/recurso de amparo

Country: Argentina
Year: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 23/11/2004, "Maldonado, Sergio Adrián s/ materia: previsional s/ recurso de amparo," (M.3805.XXXVIII) (Arg.).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

Man brought appeal for legal protection against the Superintendence for the Welfare of Federal Police of Argentina (Superintendencia de Bienestar de la Policía Federal Argentina), requesting that the court order the Superintendence to continue to provide the economic assistance needed to cover overseas treatment for his daughter, who suffered from spinal muscular atrophy (Werdning-Hoffman disease). …Read more

Tags: Access to health care, Access to treatment, Child development, Children, Health expenditures, Health funding, Health insurance, Health spending, Minor, Out-of-pocket expenditures, Pediatric health, Social security, Subsidies
Download Judgment: Spanish