14 judgments found.

PBU v Mental Health Tribunal

Country: Australia
Year: 2018
Court: Supreme Court of Victoria
Citation: [2018] VSC 564
Facts:

Both the plaintiffs were diagnosed with schizophrenia and were ordered to undergo compulsory electroconvulsive treatment (ECT). The case arose from the plaintiffs’ appeal of the Victorian Civil and Administrative Tribunal’s (VCAT) order that they are administered ECT. VCAT made this decision pursuant to its findings that both individual plaintiffs lacked the capacity to give informed …Read more

Tags: Disabilities, Freedom from Discrimination, Health care and health services, Health information, Informed consent, Medical malpractice, Mental health, Right to bodily integrity, Right to Health, Right to Privacy
Download Judgment: English

Meadows v. Khan

Country: United Kingdom
Year: 2017
Court: High Court of Justice Queen’s Bench Division
Citation: [2017] EWHC 2990 (QB)
Facts:

The claimant, Omodele Meadows, brought this case before the High Court of Justice to recover additional costs for raising her son, Adejuwon, who suffered from Hemophilia and autism. Prior to her pregnancy, the claimant, after seeing her nephew diagnosed with hemophilia, had taken blood tests to determine whether she was a carrier and was informed …Read more

Tags: Disabilities, Health information, Medical malpractice, Right of Access to Information, Sexual and reproductive health
Download Judgment: English

Dumas v. Simba Technologies

Country:
Year: 2015
Court: British Colombia Human Rights Tribunal
Citation: 2015 BCHRT 65, 2015 Carswell BC 975 (2015)
Facts:

The complainant, Cathy Dumas, suffered from a cognitive illness. She had filed a complaint against the respondent, her former employer, Simba Technologies Inc., on the ground of irregular termination of employment due to her mental or physical disability. This termination is claimed to be in violation of S.3 of the Human Rights Code Which lists …Read more

Tags: Disabilities, Freedom from Discrimination, Health information, Mental health, Right to Enjoyment of Favorable Working Conditions, Right to work
Download Judgment: English

P., A. v. Comisión Nacional Asesora para la Integración de las Personas Discapacitadas

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 289. L RHE
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals, Mental health
Human Rights: Right to health, Right to life, Right to social security
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Commission for the Integration of Disabled People [Comisión Nacional Asesora para la Integración de las Personas Discapacitadas] for them to provide the comprehensive coverage of the medical services the plaintiff needed due to her disability. The National Commission argued that …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Disabilities, Health funding, Health regulation, Mental illness, Poor, Social security
Download Judgment: Spanish

R., S. E. v. Provincia Servicios de Salud S.A.

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: R. 9. XLIX
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health, Right to life
Facts:

The plaintiff, a woman that suffered a hemorrhagic stroke that left her in a coma since 1999, filed a suit against the Provincia Servicios de Salud S.A for breach of contract. The plaintiff signed a contract with the respondent called “Plan Verde” [Green Plan]that stated that in case of hospitalization and surgery hospitalization, the insurance …Read more

Tags: Access to health care, Access to treatment, Disabilities, Disabled, Health care professionals, Health funding, Mental disability, Social security
Download Judgment: Spanish

Jasinskis v. Latvia

Country: Latvia
Year: 2011
Court: European Court of Human Rights
Citation: Application no. 45744/08
Facts:

The applicant, Mr. Aleksandrs Jasinskis filed an application against the respondent, the Republic of Latvia after the applicant’s son had died in police custody. He filed the application under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Article 34 provides a right to victims whose rights have been violated …Read more

Tags: Disabilities, Freedom from Torture and Cruel, Health care and health services, Inhuman, prisons, Right to Health, Right to Life
Download Judgment: English

Pardo, Héctor Paulino et al. v. Di Césare, Luis Alberto et al.

Country: Argentina
Year: 2011
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 24. XLVI
Health Topics: Child and adolescent health, Disabilities, Health systems and financing, Hospitals, Poverty
Human Rights: Right to due process/fair trial, Right to health, Right to life
Facts:

The plaintiffs, in representation of their daughter, filed an anticipatory protection against the insurance company to cover for the medical treatment and medical instruments that their daughter needed because she suffered a car accident. The plaintiff’s daughter was riding a bicycle that got crushed by a car which dragged her and created many injuries and …Read more

Tags: Disabilities, Remedies, Right to Effective Remedy, Right to Health
Download Judgment: Spanish

R. A., D. v. Estado Nacional et al.

Country: Argentina
Year: 2007
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: R. 350. XLI.
Health Topics: Disabilities, Health care and health services, Health systems and financing
Facts:

The plaintiff’s mother filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State for the discriminatory treatment of a Bolivian girl with a disability. The girl was born in Bolivia and migrated to Argentina. She requested a pension from the National State because of her disability. The National Social Security …Read more

Tags: Access to health care, Children, Disabilities, discrimination, Health regulation, Poor
Download Judgment: Spanish

Orlando, Susana Beatriz v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2005
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: O. 59. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Medicines, Poverty
Human Rights: Right to health
Facts:

Susana Orlando, a 55-year-old-woman suffering from multiple sclerosis, brought a claim of amparo against the Federal State and the Province of Buenos Aires for acts and omissions preventing her to obtain the medicine she needed to fight her disease and that she could not afford. In particular, she complained about the fact that her illness …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Blind, Disabilities, Handicapped, Low income, Neurological diseases, Poor, Underprivileged
Download Judgment: Spanish

Spector v. Norwegian Cruise Line Ltd.

Country: United States
Year: 2005
Court: Supreme Court of the United States
Citation: 545 U.S. 119, 125-61 (2005).
Facts:

The petitioners were disabled individuals and their companions who purchased tickets in 1998 or 1999 for round-trip cruises on the Norwegian Seaor the Norwegian Star, with departures from Houston, Texas. The respondent was Norwegian Cruise Line Ltd. (NCL). NCL was a Bermuda corporation with a principal place of business in Miami, Florida and operated cruise …Read more

Tags: Disabilities, Freedom from Discrimination
Download Judgment: English