103 judgments found.

S.C. v. Brazil

Country: Brazil
Year: 2014
Court: Committee on the Rights of Persons with Disabilities
Citation: Communication No. 10/2013; U.N. Doc. CRPD/C/12/D/10/2013
Health Topics: Chronic and noncommunicable diseases, Disabilities
Human Rights: Freedom from discrimination, Right to work
Facts:

A Brazilian national, S.C., worked as a teller at a state-run bank. S.C. was involved in three motorcycle accidents, in 2006, 2007, and 2009. She underwent surgery in 2008 after the second accident. She took medical leave in 2009. Under the bank’s internal policy, she was required to return from medical leave within three months …Read more

Tags: Disabled, Handicapped, Noncommunicable diseases, Physically challenged
Download Judgment: English

B. v. Romania (no. 2)

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 1285/03
Health Topics: Disabilities, Informed consent, Mental health
Human Rights: Right to family life, Right to privacy
Facts:

The applicant, M.B., filed a complaint with the European Court of Human Rights for a violation of (1) laws concerning compulsory admission to psychiatric hospitals and (2) laws concerning decisions in child-rearing where the parent or guardian’s mental capacity is in question. M.B. was diagnosed in 2000 with paranoid schizophrenia. As a result of her …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Counselling, Disabled, Forced examination, Handicapped, Incapacity, Incompetence, Informed choice, Involuntary commitment, Involuntary confinement, Involuntary examination, Mandatory commitment, Mandatory confinement, Mandatory examination, Mental competence, Mental disability, Mental disorder, Mental illness, Paranoia, Patient choice, Schizophrenia
Download Judgment: English

Cojocaru v. British Columbia Women’s Hospital and Health Centre

Country: Canada
Year: 2013
Court: Supreme Court
Citation: 2013 SCC 30
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The plaintiff, who had previously given birth via caesarean section, was due to give birth a second time. Her obstetrician recommended a vaginal birth. During labor, Cojocaru’s uterus ruptured, which restricted oxygen supply to the baby. The scar from the previous caesarean contributed to the rupture, and an emergency caesarean section was performed. The baby …Read more

Tags: Caesarean, Child development, Childbirth, Children, Compensation, Counseling, Damages, Differently abled, Disabled, Duty of care, Emergency care, Examination, Handicapped, Health care professionals, Health care workers, Inadequate treatment, Infant health, Informed choice, Maternal health, Minor, Negligence, Neurological diseases, Noncommunicable diseases, Parental consent, Parental notification, Physically challenged, Pregnancy, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English French

Slattery v. Manningham City Council

Country: Australia
Year: 2013
Court: Victorian Civil and Administrative Tribunal Human Rights Division
Citation: [2013] VCAT 1869
Health Topics: Disabilities, Mental health
Human Rights: Freedom from discrimination
Facts:

Mr. Slattery brought this action in the Victorian Civil and Administrative Tribunal (“the Tribunal”) alleging that the City Council of Manningham (“the Council”) had unfairly discriminated against him based on his disability. Slattery suffered from a series of mental impairments including bipolar disorder, attention deficit hyperactive disorder, and post-traumatic stress disorder. Additionally, he acquired a …Read more

Tags: Bipolar, Disabled, Mental competence, Mental disability, Mental disorder, Mental illness, Psychiatry, Psychology
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

Case GKPI 11-2093

Country: Russia
Year: 2012
Court: Supreme Court
Health Topics: Disabilities, Disasters and emergencies, Occupational health
Human Rights: Right to social security
Facts:

The appellant contracted a disease while on a business trip to the Chernobyl region to participate in work to contain the consequences of the nuclear disaster. He sought to receive employment compensation based on the disease he acquired and his resulting disability, without submitting an official report on an accident at work or an occupational …Read more

Tags: Disabled, Handicapped, Manmade disaster, Nuclear disaster, Occupational accident, Occupational disease, Occupational health and safety, Physically challenged, Safe working conditions, Workers' compensation
Download Judgment: English Russian

Case of Koch v. Germany

Country: Germany
Year: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1621
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The applicant’s late wife suffered from total sensorimotor quadriplegia. The couple requested the German Federal Institute for Drugs and Medical Devices (the “Federal Institute”) grant her authorization to obtain a lethal dose of pentobarbital of sodium so she could commit suicide. The Federal Institute refused the request on the grounds that the German Narcotics Act …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Differently abled, Disabled, Drug use, Handicapped, Harm reduction, Neurological diseases, Noncommunicable diseases, Pharmaceuticals, Physically challenged
Download Judgment: English

Gatica, María Emilia v. Instituto Nacional de Servicios Sociales para Jubilados y Pensionados [PAMI]

Country: Argentina
Year: 2012
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: G. 588. XLVI.
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Institute of Social Services for Retiree [Instituto Nacional de Servicios Sociales para Jubilados y Pensionados – PAMI] in the First Instance Court which admitted the suit and ordered the respondent to pay monthly for the coverage of an domiciliary …Read more

Tags: Aged persons, Aging, Disabled, Health care, Health systems and financing, Poor, public health
Download Judgment: Spanish

H.M. v. Sweden

Country: Sweden
Year: 2012
Court: Committee on the Rights of Persons with Disabilities
Citation: Communication No. 3/2011; U.N. Doc. CRPD/C/7/D/3/2011
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

The petitioner had a chronic connective tissue disorder, Ehlers-Danlos Syndrome (EDS), due to which she could no longer leave her house nor could she be transported to the hospital because of the increased risk of injury. The only type of rehabilitation available to her was hydrotherapy via an indoor pool at her house. Accordingly, the …Read more

Tags: Access to healthcare, Access to treatment, Differently abled, Disabled, Handicapped, Neurological diseases, Noncommunicable diseases, Physically challenged
Download Judgment: English

R v. DAI

Country: Canada
Year: 2012
Court: The Supreme Court of Canada
Citation: [2012] SCC 5
Health Topics: Disabilities, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The Crown alleged that the complainant, a 26-year-old woman with the mental age of a three to 6-year-old was repeatedly sexually assaulted by her mother’s partner D.A.I during the four years that he lived in their home. The Crown sought to call the complainant to testify about the alleged assaults. The trial judge found that …Read more

Tags: Assault, Competence to testify, Differently abled, Disabled, Handicapped, Incapacity, Incompetence, Law enforcement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Psychology, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Violence against women
Download Judgment: English