103 judgments found.

Kerojärvi v. Finland

Country: Finland
Year: 1995
Court: European Court of Human Rights
Citation: App. No. 17506/90, 32 Eur. H.R. Rep. 8 (2001).
Health Topics: Disabilities, Health systems and financing, Occupational health
Human Rights: Right of access to information, Right to due process/fair trial
Facts:

The applicant was a Finnish national who had retired from the military after receiving a shrapnel wound in his back during his service in the wars between Finland and the Soviet Union. Although the State Office for Accident Compensation (Compensation Office) acknowledged that the shrapnel wound was a “military injury” for purposes of compensation under …Read more

Tags: Compensation, Disabled, Employment, Handicapped, Military, Notification, Occupational hazards, Occupational health and safety, Physically challenged, Social security, Workers' compensation
Download Judgment: English

Canada (Attorney General) v. Thwaites

Country: Canada
Year: 1994
Court: Federal Court - Trial Division
Citation: [1994] 3 F.C. 38
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Medicines, Occupational health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to work
Facts:

Simon Thwaites filed a complaint against the Canadian Armed Forces (CAF), alleging that it discriminated against him under the Canadian Human Rights Act (CHRA) by restricting his employment because of his HIV-positive status. Thwaites enlisted in the CAF in 1980 and by 1986 had risen to the rank of master seaman, a position that primarily …Read more

Tags: Access to treatment, Antiretrovirals, ARVs, Disabled, Employment, Gay, Health care professionals, Health care workers, HIV, HIV positive, HIV status, Homosexual, Job safety, LGBTI, Military, People living with HIV/AIDS, PLHIV, Sexual orientation
Download Judgment: English French

Department of Health & Community Services v JWB & SMB (“Marion’s Case”)

Country: Australia
Year: 1992
Court: High Court
Citation: (1992) 175 CLR 218; [1992] HCA 15
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
Facts:

“Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more

Tags: Children, Contraception, Contraceptives, Deaf, Disabled, Forced sterilization, Forced treatment, Handicapped, Incompetence, Informed choice, Involuntary treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Minor, Non-consensual testing and treatment, Patient choice, Physically challenged, Pregnancy, Psychiatry, Psychology, Sterilization
Download Judgment: English

Rogers v. Whitaker 

Country: Australia
Year: 1992
Court: High Court
Citation: (1992) 175 CLR 479; [1992] HCA 58
Health Topics: Disabilities, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity
Facts:

Appellant doctor appealed an award of $808,564.38 to respondent patient. Appellant doctor had operated on the right eye of respondent patient in an attempt to improve its appearance and restore some sight as respondent patient’s right eye had been sightless from a previous injury. The lower court had found that appellant doctor had operated with …Read more

Tags: Blind, Disabled, Duty of care, Handicapped, Informed choice, Negligence, Patient choice, Physically challenged, Standard of care, Tort
Download Judgment: English

Doe v. Attorney General of the US

Country: United States
Year: 1991
Court: 9th Circuit Court of Appeal
Citation: 941 F.2d 780 (1991)
Health Topics: Disabilities, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Freedom from discrimination, Right to privacy
Facts:

John Doe brought a lawsuit against the Federal Bureau of Investigation (FBI) and Agent Held alleging that they discriminated against him by ceasing to send agents to him for physical examinations because of his AIDS. John Doe was a physician who gave physical examinations to FBI agents and to potential agents in the hiring process. …Read more

Tags: AIDS, Clinics, Confidentiality, Disabled, Employment, Examination, Handicapped, Health care professionals, Health care workers, HIV, HIV positive, Law enforcement, People living with HIV/AIDS, PLHIV
Download Judgment: English

H. v. France

Country: France
Year: 1989
Court: European Court of Human Rights
Citation: Application No. 10073/82; (1989) 12 EHRR 74
Health Topics: Disabilities, Health information, Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

  The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia.  In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more

Tags: Confidentiality, Depression, Disabled, Disclosure, Experimental treatment, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Involuntary treatment, Medical records, Mental disorder, Mental illness, Mental institution, Negligence, Non-consensual testing and treatment, Non-disclosure, Patient choice, Psychiatry, Public hospital, Schizophrenia, Unauthorized treatment
Download Judgment: English French

Alexander v. Choate

Country: United States
Year: 1985
Court: Supreme Court
Citation: 469 U.S. 287 (1985)
Health Topics: Disabilities, Health care and health services, Health systems and financing, Mental health, Poverty
Human Rights: Freedom from discrimination, Right to social security
Facts:

In response to increasing projected state Medicaid costs, the directors of the Tennessee Medicaid program decided to implement a number of cost saving measures. Among these measures was a proposed reduction in the number of annual days of inpatient hospital care covered by the program from 20 to 14 days per fiscal year. Respondents, Tennessee …Read more

Tags: Access to treatment, Budget, Disabled, Handicapped, Health expenditures, Health funding, Health spending, Indigent, Low income, Physically challenged, Poor, Secondary care, Subsidies, Tertiary care
Download Judgment: English

X & Y v. The Netherlands

Country: Netherlands
Year: 1985
Court: European Court of Human Rights
Citation: App. No. 8978/80, 8 Eur. H.R. Rep. 235 (1986).
Health Topics: Child and adolescent health, Disabilities, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Facts:

The applicant, a father of a mentally handicapped woman, found himself unable to institute criminal proceedings against an individual who had sexually assaulted his daughter due to a gap in the domestic criminal laws of the Netherlands, which required the victim to file the complaint herself. Although the victim was more than sixteen years of …Read more

Tags: Children, Disabled, Handicapped, Incapacity, Incompetence, Mental competence, Mental disability, Mental disorder, Mental retardation, Minor, Molestation, Pediatric health, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Violence against women
Download Judgment: English

Schweiker v. Hogan

Country: United States
Year: 1982
Court: Supreme Court
Citation: 457 U.S. 569 (1982)
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from discrimination, Right to social security
Facts:

The Respondents brought this suit challenging the constitutional validity of § 1903(f) of the Social Security Act (the Act); they claimed it violated the equal protection component of the Fifth Amendment. Under the Medicaid program, States were required to provide Medicaid coverage to certain individuals described as the “categorically needy” and, at their discretion, could …Read more

Tags: Access to treatment, Aged persons, Blind, Budget, Disabled, Elderly, Handicapped, Health expenditures, Health funding, Health spending, Indigent, Low income, Older persons, Physically challenged, Poor, Secondary care, Senior citizens, Subsidies, Tertiary care
Download Judgment: English

Lyons v. Grether

Country: United States
Year: 1977
Court: Supreme Court of Virginia
Citation: Lyons v. Grether 239 S.E.2d 103 (Va. 1977)
Health Topics: Disabilities, Health care and health services
Facts:

Plaintiff Magnolia Lyons, a blind woman, brought action against defendant physician, Eugene Grether, for damages resulting from “breach of his duty to treat” on the claim that the defendant’s waiting room was a public place within the White Cane Act so that she had a right to have her guide dog with her. Plaintiff, her …Read more

Tags: Access to health care, Access to treatment, Blind, Disabled
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