72 judgments found.

Case EAND/0895/02/13

Country: Armenia
Year: 2013
Court: Civil Court of Appeal [Հայաստանի Հանրապետության Վերաքննիչ քաղաքացիական դատարան]
Citation: Case № ԵԱՆԴ/0895/02/13
Health Topics: Health care and health services, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The appellant, Zhuleta Amarikyan, was compulsorily committed to inpatient psychiatric treatment on the request of the head of the psychiatric clinic. Amarikyan was diagnosed with acute delirium syndrome and was described as being a danger to herself and others and unable to control her actions. At the time of the trial of Amarikyan’s commitment, Amarikyan …Read more

Tags: Clinics, Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Diagnostics, Forced examination, Forced treatment, Health care professionals, Health care workers, Health facilities, Incapacity, Incompetence, Insanity, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Public hospitals
Download Judgment: English Armenian

Csoma v. Romania

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No.8759/05
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The applicant, Ms. Julia Kinga Csoma, alleged that her gynecologist had committed “grievous unintentional bodily harm and negligence” due to serious medical errors in her treatment. Csoma became pregnant in January 2002.  Her pregnancy was monitored by a gynecologist at the town hospital where Csoma worked as a nurse.  The fetus was diagnosed with hydrocephalus, …Read more

Tags: Abortion, Abortion technique, Damages, Diagnostics, Duty of care, Health care professionals, Health care workers, Health facilities, Health records, Infertility, Informed choice, Medical records, Negligence, Non-consensual testing and treatment, Non-pecuniary damage, Patient choice, Public hospitals, Remedies, Sterilization, Termination of pregnancy, Tort
Download Judgment: English

Mehmet Senturk and Bekir Senturk v. Turkey

Country: Turkey
Year: 2013
Court: The European Court of Human Rights
Citation: Application No. 13423/09
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Medicines, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The first applicant took his pregnant wife to the Izmir Pubic Hospital. A midwife examined his wife and the duty gynecologist was not called. As the applicant’s wife was experiencing continuous pain, he took her to another hospital- Atatruk Research and Teaching Hospital. An Assistant Doctor examined her and thereafter referred her to the Urology …Read more

Tags: Access to health care, Access to treatment, Child mortality, Childbirth, Children, Clinics, Diagnostics, Duty of care, Emergency care, Examination, Health expenditures, Health facilities, Health funding, Inadequate treatment, Inappropriate treatment, Maternal health, Maternal mortality, Midwifery, Misdiagnosis, Negligence, Pharmaceuticals, Private hospitals, Public hospitals
Download Judgment: English

Salakhov and Islyamova v. Ukraine

Country: Ukraine
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Medical malpractice, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more

Tags: Access to health care, Access to treatment, AIDS, Custody, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health records, HIV, HIV positive, HIV status, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, People living with HIV/AIDS, Police, Public hospitals, Remedies, Standard of care, Testing, Trauma
Download Judgment: English

Voluntary Health Association of Punjab v. Union of India

Country: India
Year: 2013
Court: Supreme Court
Citation: Writ Petition (Civil) No. 349 of 2006
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination
Facts:

The order is about the problem of sex-selective abortion in India. The Court assed the present situation and the various barriers that must be taken into account when States take steps to address this problem by raising awareness of the legal status of the issue. The Parliament has taken steps to prevent sex selective abortion …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Awareness, Clinics, Counseling, Diagnostics, Forced abortion, Health care professionals, Health care technology, Health care workers, Health data, Health education, Health facilities, Health promotion, Health records, Infant mortality, Maternal health, Medical records, Pregnancy, Sex-selective abortion, Termination of pregnancy, Testing, Unsafe abortion
Download Judgment: English

Dudley Lee v. Minister for Correctional Services

Country: South Africa
Year: 2012
Court: Constitutional Court
Citation: [2012] ZACC 30
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to life
Facts:

While incarcerated in congested prison with poor hygienic conditions, Dudley Lee was infected with tuberculosis (TB).  The responsible prison authorities were aware of the risk of the inmates’ contracting TB, but did not have a comprehensive system in place to reduce the risk of infection. Rather, the prison authorities relied on a system of inmates …Read more

Tags: Access to health care, Access to treatment, Custody, Diagnostics, Duty of care, Examination, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Malnutrition, Negligence, Prison conditions, Remedies, Standard of care, TB, Tort, Tuberculosis
Download Judgment: English

Alyne da Silva Pimentel Teixeira v. Brazil

Country: Brazil
Year: 2011
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 17/2008; UN Doc. CEDAW/C/49/D/17/2008
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to health, Right to life
Facts:

The author of the communication, the mother of a woman who had died during childbirth, claimed that Brazilian authorities had not ensured access to quality medical treatment during her daughter’s delivery in violation of nondiscrimination provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). More specifically, the author of …Read more

Tags: Access to health care, Access to treatment, Childbirth, Clinics, Diagnostics, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Health funding, Health records, Inadequate treatment, Inappropriate treatment, Indigent, Low income, Maternal health, Maternal mortality, Medical records, Miscarriage, Misdiagnosis, Negligence, Poor, Pregnancy, Private hospitals, Underprivileged
Download Judgment: English

Case 2012/B/1991

Country: Hungary
Year: 2011
Court: Constitutional Court
Health Topics: Health care and health services, Infectious diseases, Informed consent
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The petitioner sought a declaration of the unconstitutionality and annulment of a Minister of Health Decree which required mandatory lung screening.  This initial Minister of Health Decree was overruled by a Decree of the Minister of Public Welfare (the “challenged Decree”) which regulated “mandatory screening of epidemiological interest content wise”, (it was aimed at detecting cases of …Read more

Tags: Compulsory examination, Compulsory testing, Diagnostics, Examination, Forced examination, Harm reduction, Informed choice, Involuntary examination, Involuntary testing, Mandatory examination, Mandatory testing, Non-consensual testing and treatment, Patient choice, TB, Tuberculosis
Download Judgment: English Hungarian

Chimwemwe Mphembedzu v. The Republic

Country: Malawi
Year: 2011
Court: High Court
Citation: Bail Case No. 70 of 2011
Health Topics: Health care and health services, Prisons
Human Rights: Right to due process/fair trial
Facts:

This case considered whether a prisoner in ill health should be released from prison. The applicant was serving time in prison for murder. He argued that he should be released on bail given his ill health and that the delay in bringing his case to trial was unreasonable. He had been imprisoned since October 2007 …Read more

Tags: Access to health care, Access to treatment, Detainee, Detention, Diagnostics, Imprisonment, Incarceration, Inmate, Jail
Download Judgment: English

Khatayev v. Russia

Country: Russia
Year: 2011
Court: European Court of Human Rights
Citation: App. No 56994/09, Eur. Ct. H.R. (2011).
Health Topics: Health care and health services, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant, a Russian citizen who was diagnosed with pulmonary tuberculosis and tuberculosis papillitis of the kidneys, was transferred to a special “medical colony” to serve a prison sentence of two years and six months for an aggravated robbery conviction. Upon his arrival, the facility provided a new complex prophylactic examination by a tuberculosis specialist …Read more

Tags: Abuse, Access to health care, Access to treatment, Assault, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions, Solitary confinement, TB, Tuberculosis
Download Judgment: English