72 judgments found.

R.R. v. Poland

Country: Poland
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 27617/04
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to privacy
Facts:

This case concerned access to timely prenatal examinations in order to make an informed decision whether or not to continue with a pregnancy. During her eighteenth week of pregnancy, RR’s doctor told her that her fetus might be affected by a malformation. RR informed her doctor that if further tests confirmed the malformation, she would …Read more

Tags: Abortion, Abortion counseling, Access to treatment, Degrading treatment, Diagnostics, Examination, Family planning, Humiliating treatment, Late-term abortion, Partial birth abortion, Pregnancy, Termination of pregnancy, Testing, Viability
Download Judgment: English

Abortion Supervisory Committee v. Right to Life New Zealand Inc.

Country: New Zealand
Year: 2010
Court: Court of Appeal
Citation: [2011] NZCA 246
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to life, Right to privacy
Facts:

This case is an appeal from the High Court. An appeal from this case was dismissed by the Supreme Court in [2012] NZSC 68. A cross-appeal was filed by the respondent, the Right to Life New Zealand Inc (RTL), which asserted the lower court erred by finding the unborn child had no right to life and …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Clinics, Conscientious objection, Counseling, Diagnostics, Health care professionals, Health care workers, Health facilities, Health records, Health regulation, Medical records, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Case 22-6267

Country: Russia
Year: 2010
Court: City Court of Saint Petersburg
Citation: Cassation Decision: 28 September 2010, No. 22-6267; Case No. 1-132/10
Health Topics: Health care and health services
Human Rights: Right to work
Facts:

Doctor M. was a Russian health care provider with extensive training and experience. She had worked in outpatient service for 25 years. She enjoyed her work and was respected by patients and colleagues alike. She was convicted of talking bribes for issuing a disability medical certificate to D, when she knew D was healthy. She …Read more

Tags: Diagnostics, Employment, Examination, Health care professionals, Health care workers
Download Judgment: English Russian

Case 315768

Country: France
Year: 2010
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°315768, 10 February 2010
Health Topics: Health systems and financing, Medical malpractice, Public safety
Human Rights: Right to health
Facts:

Mr. Patrick A requested the annulment of the decision of 8 February 2008 by which the National Council of the Order of Doctors declined to authorize him as a certified specialist in the field of plastic and reconstructive surgery. Mr. A had been practicing baldness surgery for 28 years as a general practitioner, and had …Read more

Tags: Access to treatment, Counseling, Diagnostics, Health care professionals, Health care workers, Health regulation, Standard of care
Download Judgment: English French

Case 5299/2010

Country: Spain
Year: 2010
Court: Supreme Court of Justice of Castilla-Leon
Citation: STSJCL 5299/2010
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

The appellant gave birth in the Hospital Universitario of Salamanca to a child born with shoulder dystocia. She brought an administrative claim against the relevant insurance company, requesting compensation in the amount of 140,036.65 Euros. She based her claim on the facts that (a) her baby’s medical history was not completed but only included gynecologist …Read more

Tags: Caesarean, Childbirth, Compensation, Compulsory treatment, Damages, Diagnostics, Emergency care, Forced treatment, Health care professionals, Health care workers, Inappropriate treatment, Infant health, Informed choice, Involuntary treatment, Maternal health, Midwifery, Patient choice, Pregnancy, Remedies, Standard of care
Download Judgment: English

Case T-045/10

Country: Colombia
Year: 2010
Court: Constitutional Court of Colombia
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Primera de Revisión febrero 2, 2010, M.P.: María Victoria Calle Correa, Sentencia T-045/10 (Colom.).
Health Topics: Disasters and emergencies, Health care and health services, Mental health, Violence
Human Rights: Freedom from discrimination, Right to health
Facts:

An amparo action (appeal for legal protection) was brought against the Ministry of Social Protection by the Colombian Commission of Jurists (Comisión Colombiana de Juristas) on behalf of three women (Diana Carmenza Redondo, Argénida Torres, and María Romero), who were victims of massacres orchestrated by either paramilitaries or guerrillas, who were thereafter displaced from their communities, …Read more

Tags: Access to health care, Access to treatment, Armed conflict, Counseling, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Diagnostics, Forced displacement, Health expenditures, Health funding, Health regulation, Humiliating treatment, Inhuman treatment, Mental illness, Military, Refugees
Download Judgment: Spanish

Case T-310/10

Country: Colombia
Year: 2010
Court: Colombian Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Primera de Revisión abril 30, 2010, M.P.: María Victoria Calle Correa, Sentencia T-310/10 (Colom.).
Health Topics: Health care and health services, Health systems and financing, Poverty, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to development, Right to health, Right to social security
Facts:

25-year-old Petitioner brought a legal protection action before the Municipal Court of Santa Rosa de Osos against Coomeva EPS for refusing to cover the labiaplasty surgery prescribed by her doctor to treat her condition, labia minora hypertrophy.  Petitioner was unable to fully cover the procedure and therefore, claimed that the denial of coverage constituted a …Read more

Tags: Access to treatment, Diagnostics, Examination, Health care professionals, Low income, Out-of-pocket expenditures, Poor, Social security, Testing
Download Judgment: English Spanish

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

Oyal v. Turkey

Country: Turkey
Year: 2010
Court: European Court of Human Rights
Citation: App. No. 4864/05, Eur. Ct. H.R. (unpublished) (2010).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice, Poverty
Human Rights: Right to due process/fair trial, Right to life
Facts:

The primary applicant, the child of the second two applicants, was born prematurely and diagnosed with an “inguinal and umbilical hernia.” The child required a number of blood and plasma transfusions during the first two months of life, and the applicant parents purchased the required blood and plasma quantities from the Turkish Red Cross. Four …Read more

Tags: AIDS, Blood transfusion, Children, Compensation, Damages, Diagnostics, Duty of care, Health care professionals, Health care workers, Health expenditures, Health facilities, Health spending, HIV, HIV positive, HIV status, Indigent, Low income, Minor, Most-at-risk, Negligence, Out-of-pocket expenditures, People living with HIV/AIDS, PLHIV, Poor, Remedies, Standard of care, Subsidies, Testing, Tort, Underprivileged
Download Judgment: English

Case 2-88-09

Country: Russia
Year: 2009
Court: Moscow District Court
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

The applicant R.A. injured his right ankle joint when ice skating on January 4th, 2008.  He went to an emergency room at the defendant’s Medical Healthcare Institution ”G” (“MHI ‘G’”) in order to receive care.  However, a doctor there only examined his ankle with her hands, and diagnosed a ligament sprain in the right joint, …Read more

Tags: Access to health care, Access to treatment, Compensation, Damages, Diagnostics, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Health insurance, Inadequate treatment, Inappropriate treatment, Misdiagnosis, Negligence, Police, Public hospitals
Download Judgment: English Russian