75 judgments found.

E.S. v. Austria

Country: Austria
Year: 2018
Court: European Court of Human Rights
Citation: Application no. 38450/12
Health Topics: Public safety
Human Rights: Freedom of expression, Freedom of religion
Facts:

In Austria, a woman was convicted after leading several seminars entitled “Basic Information on Islam” at the right-wing Freedom Party Education Institute, beginning in January 2008.  These seminars were publicly advertised on the Freedom Party’s website, and the leaders of the Freedom Party distributed leaflets specifically aimed to encourage young voters to attend.  An undercover …Read more

Tags: Community-based care, Criminalization, freedom of religion, Law enforcement, Threat of violence
Download Judgment: English

R. (on the application of Nicklinson) v. Ministry of Justice

Country: United Kingdom
Year: 2014
Court: The Supreme Court of the United Kingdom
Citation: [2014] HRLR 17
Health Topics: Disabilities, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to liberty and security of person
Facts:

The appellants, all individuals suffering from severe medical conditions, wished to die but were physically incapable of doing so themselves, due to their respective medical limitations. They could not find anyone to assist them in ending their lives; UK law criminalized assisting suicide. At issue was whether s. 2(1) of the Suicide Act 1961 (“s. …Read more

Tags: Criminalization, Disabled, Informed choice, Patient choice, Suicide
Download Judgment: English

Canada (Attorney General) v. Bedford

Country: Canada
Year: 2013
Court: Supreme Court
Citation: 2013 SCC 72
Health Topics: Occupational health, Poverty, Violence
Human Rights: Right to favorable working conditions, Right to liberty and security of person, Right to work
Facts:

Three applicants, who were all current or former prostitutes, challenged the constitutionality of three provisions of the Criminal Code, R.S.C. 1985. The three provisions outlawed “bawdy-houses” (also referred to as brothels), “living on the avails” (living off of a prostitutes profits), and public communication with prostitutes. Prostitution was legal in Canada, however, Parliament was allowed …Read more

Tags: Assault, Criminalization, Indigent, Job safety, Occupational hazards, Occupational health and safety, Poor, Rape, Safe working conditions, Sex workers, Sexual assault, Sexual violence, Violence against women
Download Judgment: English French

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

Suresh Kumar Koushal and another v. Naz Foundation and others

Country: India
Year: 2013
Court: Supreme Court
Citation: Civil Appeal No. 10972 of 2013
Health Topics: HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
Facts:

Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of life imprisonment. Naz Foundation, the Petitioner, was an NGO working in …Read more

Tags: AIDS, Bisexual, Buggery, Criminalization, Gay, Gender identity, HIV, Homosexual, Law enforcement, Lesbian, LGBTI, Sexual orientation, Sodomy, Transgender
Download Judgment: English

The Queen v. Ministry of Justice

Country: United Kingdom
Year: 2013
Court: Court of Appeal, Queen’s Bench Division
Citation: [2013] EWCA Civ 961
Health Topics: Disabilities, Health care and health services
Human Rights: Right to bodily integrity, Right to life, Right to privacy
Facts:

Martin suffered a stroke in 2008 leaving him unable to move or speak. He was completely dependent on his family and spent almost all of his time in bed. The effects of his stroke were permanent. Because of his disabilities, he was not able to take his own life. He had attempted to end his …Read more

Tags: Assisted suicide, Criminalization, Disabled, Handicapped, Health care professionals, Health care workers, Informed choice, Palliative care, Patient choice, Physically challenged, Suicide
Download Judgment: English

Centre for Addiction and Mental Health v. Ontario

Country: Canada
Year: 2012
Court: Court of Appeals for Ontario
Citation: 2012 ONCA 342
Health Topics: Hospitals, Informed consent, Mental health, Prisons
Human Rights: Right to liberty and security of person
Facts:

The Centre for Addition and Mental Health (CAMH) and the Mental Health Centre Penetanguichene (MHCP)appealed an order by the Mental Disorder Court to send a person accused of sexual assault to a hospital for psychiatric treatment. The judge knew that beds for treatment would not be available until six days later. The appeal was on …Read more

Tags: care, Compulsory commitment, Compulsory confinement, Compulsory treatment, Criminalization, Custody, Depression, Detainee, Detention, Harm reduction, Health care professionals, Health facilities, Imprisonment, Incapacity, Incompetence, Inmate, Involuntary confinement, Involuntary treatment, Jail, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Prison conditions, Private hospitals, Psychiatry, Psychology, Public hospitals
Download Judgment: English

Canada (Attorney General) v. PHS Community Services

Country: Canada
Year: 2011
Court: Supreme Court
Citation: [2011] 3 S.C.R. 134; [2011] S.C.C. 44
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Right to liberty and security of person, Right to life
Facts:

Insite was a medical facility that supervised intravenous drug use. It was established in response to escalating intravenous drug use and a rise in HIV/AIDS and hepatitis C infections among the population of the downtown eastside (DTES) area of Vancouver. In 2003, pursuant to section 56 of the Controlled Drug and Substances Act (CDSA), which …Read more

Tags: Access to health care, Access to treatment, Addiction, AIDS, Clinics, Criminalization, Drug abuse, Drug use, Health facilities, Hepatitis, Heroin, HIV, IDUs, Injecting drug users, Most-at-risk, Opioids, People who use drugs, Rehabilitation, Substance abuse, Transmission
Download Judgment: English French

Case 212 K/Pid.Sus/2011/PN.Pso

Country: Indonesia
Year: 2011
Court: Poso District Court
Health Topics: Sexual and reproductive health
Facts:

The Defendant, Rahima S. Borahima, a doctor, had been approached by Ismawati Lakadjo on 16 April 2011, who requested that the Defendant help her abort her pregnancy. Lakadjo was 20-22 weeks pregnant, and was not yet married to her boyfriend because they were waiting until they had enough money. Lakadjo testified that she had been …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Criminalization, Health care professionals, Health care workers, Termination of pregnancy
Download Judgment: English

Case 822 K/Pid.Sus/2010

Country: Indonesia
Year: 2011
Court: Supreme Court
Health Topics: Chronic and noncommunicable diseases, Health information, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Freedom of association, Freedom of expression, Right to due process/fair trial
Facts:

On 7 August 2008, the Defendant, Prita Mulyasari, arrived at Omni International Hospital in Tangerang with symptoms of a fever and dizziness. She was then admitted, and through a series of unfortunate events, ended up receiving unnecessary medication and incorrect lab results under the care of Dr. Hengky. Her condition significantly worsened after an incorrect …Read more

Tags: Awareness, Criminalization, Dengue, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Misdiagnosis, Negligence, Noncommunicable diseases, Patient choice, Public hospitals
Download Judgment: English Indonesian
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