119 judgments found.

Z v. Poland

Country: Poland
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 46132/08
Health Topics: Health information, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to life, Right to privacy
Facts:

The applicant’s pregnant daughter died in 2004 of septic shock at Barlicki Hospital in Poland. The applicant alleged her daughter’s death was caused by negligence and filed claims under the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”) for violation of her daughter’s rights to life under Article 2, to freedom from …Read more

Tags: Abortion, Conscientious objection, Degrading treatment, Disclosure, Duty of care, Health care professionals, Health records, Inadequate treatment, Maternal health, Maternal mortality, Medical records, Negligence, Pregnancy; Termination of pregnancy, Standard of care
Download Judgment: English

Case 55/PUU-IX/2011

Country: Indonesia
Year: 2012
Court: Constitutional Court [Mahkamah Konstitusi]
Citation: Decision No. 55/PUU-IX/2011
Health Topics: Health information, Tobacco
Human Rights: Right of access to information
Facts:

The applicants, three individuals representing companies in the clove cigarette industry, alleged that the Government’s requirements for pictorial and written health warnings on cigarette packaging violated their rights under the 1945 Constitution (the “Constitution”). Article 114 of Law Number 36 of 2009 Concerning Health (the “Health Act”) classified nicotine as an addictive substance of tobacco, …Read more

Tags: Awareness, Disclosure, Employment, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Indonesian

Case of Y.Y v. Russia

Country: Russia
Year: 2012
Court: The European Court of Human Rights
Citation: Applications nos. 40378/06
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The applicant gave premature birth to twins. One of the twins died nine hours after her birth. The second twin survived after being transferred to an intensive care unit. The applicant stated that the first child would have survived too if had been promptly transferred to the Intensive Care Unit. She sent letters to the …Read more

Tags: Access to treatment, Child mortality, Childbirth, Children, Clinics, Confidentiality, Disclosure, Health facilities, Health records, Infant health, Infant mortality, Medical records, Minor, Non-disclosure, Pediatric health, Secrecy
Download Judgment: English

Gillberg v. Sweden

Country: Sweden
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 41723/06; [2010] ECHR 1676
Health Topics: Health information
Human Rights: Freedom of expression, Right to privacy
Facts:

The applicant is a 50-year old professor specializing in child and adolescent psychiatry, at the University of Gothenburg. A neuropsychiatry research project, the Gothenburg Study, focusing on Attention-Deficit Hyperactivity Disorder (ADHD) in children was carried out from 1977 to 1992 at the University of Gothenburg. The researchers assured “the children’s parents and later to the …Read more

Tags: Confidentiality, Disclosure, Freedom of information, Health data, Health information, Health records, Non-disclosure, Secrecy
Download Judgment: English French

H v. Finland

Country: Finland
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 37359/09
Health Topics: Health information, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Facts:

The applicant, H., was born male, married a woman, and had a child. She was diagnosed as transgender during the course of the marriage, whereupon she changed her first names and renewed her passport and driver’s license. However, her request to have her identity number changed was refused based on sections 1 and 2 of …Read more

Tags: Civil union, Confidentiality, Disclosure, Domestic partnership, Gender identity, Gender reassignment, Non-disclosure, Notification, Spousal consent, Transgender
Download Judgment: English

Varapnickaite-Mazyliene v. Lithuania

Country: Lithuania
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 20376/05
Health Topics: Child and adolescent health, Health information
Human Rights: Right to privacy
Facts:

The applicant in this case brought a lawsuit against the Republic of Lithuania under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). She alleged her right to respect for her private life, protected by Article 8 of the Convention, had been violated by employees of the Children’s Welfare …Read more

Tags: Child development, Children, Confidentiality, Disclosure, Health care professionals, Medical records, Non-disclosure, Secrecy
Download Judgment: English

Allpass v. Mooikloof Estates (Pty) Ltd.

Country: South Africa
Year: 2011
Court: Labour Court of South Africa
Citation: Case No. JS178/09; [2011] ZALCJHB 7; 2011 (2) SA 638 (LC); [2011] 5 BLLR 462 (LC); (2011) 32 ILJ 1637 (LC)
Health Topics: Chronic and noncommunicable diseases, Health information, HIV/AIDS, Medicines, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Applicant, Allpass, was hired as a stable yard manager and horse-riding instructor for the Respondent, Mooikloof Estates. He had 27 years of experience in horse riding, instructing and stable yard management. At the time of his hiring, the Applicant had been living with HIV for 17 years and was in a same-sex civil union. …Read more

Tags: Antiretrovirals, ARVs, Asthma, Disclosure, Gay, HIV, HIV positive, HIV status, Homosexual, LGBTI, People living with HIV/AIDS, PLHIV, Sexual orientation
Download Judgment: English

Case 43/PUU-IX/2011

Country: Indonesia
Year: 2011
Court: Constitutional Court
Health Topics: Health information, Tobacco
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The Plaintiffs challenged Indonesian legislative provisions regulating health warnings on cigarette packaging. The impugned provision, Article 114 of Law No. 36 of 2009 Concerning Health (the Law), required health warnings on all cigarette packaging. The Explanation Provision in the legislation defined such a health warning as one that was easily readable, and one that “may” …Read more

Tags: Advertising, Awareness, Disclosure, Health care professionals, Health education, Health promotion, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Indonesian

Case GKPI10-1601

Country: Russia
Year: 2011
Court: Supreme Court
Citation: Case No. ГКПИ10-1601
Health Topics: Child and adolescent health, Health information, Sexual and reproductive health
Human Rights: Right of access to information, Right to family life
Facts:

N.T.V., a recipient of auxiliary reproductive technology (ART), submitted an application to declare invalid part of an order issued by the Ministry of Healthcare on February 26, 2003. The order (No. 67) approved instruction on the usage of various methods of ART. In particular, N.T.V. objected to paragraph 6, which prevents the establishment of paternity …Read more

Tags: Assisted reproductive technology, Children, Confidentiality, Disclosure, Informed choice, Non-disclosure, Patient choice, Secrecy
Download Judgment: English Russian

Dr. Chau Kwok on Gordon and Others v. The Medical Council of Hong Kong

Country: China
Year: 2011
Court: Court of Appeal
Citation: [2011] HKCA 44; CACV 63/2006
Health Topics: Health information
Human Rights: Freedom of expression
Facts:

A group of doctors appealed from a decision by a Medical Council of Hong Kong finding them guilty of  failing to ensure that a reference made to the doctors in a magazine article was not promotional, contrary to the Professional Code and Conduct for the Guidance of Registered Medical Practitioners (”Professional Code”). In 2003, a …Read more

Tags: Advertising, Awareness, Disclosure, Freedom of information, Health care professionals, Health education, Health promotion
Download Judgment: English