72 judgments found.

Fag ogArbejde, acting on behalf of Karsten Kaltoft v. Kommunernes Landsforening, acting on behalf of the Municipality of Billund

Country: Denmark
Year: 2014
Court: European Court of Justice
Citation: Case C‐354/13
Health Topics: Diet and nutrition, Disabilities
Human Rights: Freedom from discrimination
Facts:

The plaintiff, a childminder in the employ of the Municipality of Billund (the defendant), was fired. The plaintiff claimed such firing was due to his obesity, although  the defendant claimed that the plaintiff was fired due to a decline in the number of children for him to take care of. The European Convention for the …Read more

Tags: Disabled, Employment, Handicapped, Obesity, Physically challenged
Download Judgment: English

Radu v. The Republic of Moldova

Country: Moldova
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 50073/07
Health Topics: Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The plaintiff was a lecturer at the Police Academy in Moldova. In 2003, she became pregnant through artificial insemination. Due to her increased risk of miscarriage, a doctor at the No. 7 Center for Family Doctors (“the CFD”), a state-owned hospital, ordered her hospitalization. This extended hospitalization caused her to be absent from work. The …Read more

Tags: Confidentiality, Disclosure, Employment, Health data, Health records, In vitro fertilization, Maternal health, Medical records, Non-disclosure, Pregnancy, Public hospitals, Secrecy
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

Georgina Ahamefule v. Imperial Medical Centre

Country: Nigeria
Year: 2012
Court: High Court of Lagos State
Citation: Suit No. ID/16272000
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

The Plaintiff was a nurse at a medical centre. Defendants were the medical centre and a doctor at the centre. While employed at the medical centre, the Plaintiff became pregnant and developed a skin disorder. She sought medical attention and the Defendant doctor performed several diagnostic tests. Neither the nature nor the outcome of the tests …Read more

Tags: Access to health care, Access to treatment, AIDS, Compensation, Compulsory testing, Damages, Duty of care, Employment, HIV, HIV positive, HIV status, Informed choice, Involuntary testing, Mandatory testing, Maternal health, Miscarriage, Negligence, Non-consensual testing and treatment, Patient choice, People living with HIV/AIDS, PLHIV, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Transmission
Download Judgment: English

Adriana Ricardo da Rosa v. Sociedade de Onibus Porto Alegrense

Country: Brazil
Year: 2011
Court: Tribunal Superior do Trabalho, Primeira Turma (Superior Labor Court, 1st Section)
Citation: TST-RR-104900-64.2002.5.04.0022
Health Topics: Health care and health services, HIV/AIDS
Human Rights: Right to health, Right to life, Right to work
Facts:

Plaintiff carrying the HIV virus was wrongfully terminated from her employment at the Sociedade de Onibus Porto Alegrense and alleged discriminatory motives, because the employer was aware that the employee carried the HIV virus at the time of termination. The employer asserts that it first became aware of the employee’s condition four years prior to her …Read more

Tags: Access to health care, Employment, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV
Download Judgment: English Portuguese

Case 828/2011

Country: Spain
Year: 2011
Court: Supreme Court
Citation: STS 828/2011
Health Topics: Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to work
Facts:

Mercadona SA (the “employer”) sought review of a decision from the appellate court that declared the dismissal of Mr. Fernando (the “employee”) null and void and required the employer to re-employ the employee and pay back-wages from the date of dismissal. The employee was hired as a manager at one the employer’s facilities in March …Read more

Tags: Disabled, Employment, Handicapped, Health insurance, Physically challenged
Download Judgment: English Spanish

Mankayi v. AngloGold Ashanti Ltd.

Country: South Africa
Year: 2011
Court: Constitutional Court
Citation: [2011] ZACC 3; 2011 (5) BCLR 453 (CC) ; 2011 (3) SA 237 (CC) ; [2011] 6 BLLR 527 (CC) ; (2011) 32 ILJ 545 (CC)
Health Topics: Chronic and noncommunicable diseases, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to liberty and security of person, Right to social security, Right to work
Facts:

Mr Mankayi brought an action for delictual (tort) damages against AngloGold Ashanti Limited (AngloGold). While working as an underground mineworker between January 1979 and September 1995, Mr Mankayi claimed to have been exposed to harmful dusts and gases that led to his contracting tuberculosis and a chronic obstructive airway condition; these ailments rendered him unable …Read more

Tags: Employment, Lung disease, Noncommunicable diseases, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Pulmonary diseases, Respiratory diseases, TB, Tuberculosis, Workers' compensation
Download Judgment: English

Case 1437-2009

Country: Guatemala
Year: 2010
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 1437-2009, February 9, 2010.
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to bodily integrity, Right to health, Right to life, Right to social security
Facts:

This case was an appeal of a constitutional protection (amparo) action before the Constitutional Court filed by the Public Defender of Human Rights, acting on behalf of Maria Gabriela Garcia Fernandez, against the Board of Directors of the Guatemalan Social Security Administration. The Board denied the claimant medical coverage for her juvenile diabetes and chronic …Read more

Tags: Access to health care, Access to treatment, Diabetes, Employment, Health insurance, Kidney disease, Public hospitals, Social security
Download Judgment: English Spanish

Case 2010-018f

Country: Belgium
Year: 2010
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2010-018f, 25 February 2010
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to due process/fair trial
Facts:

This case was about the difference in treatment provided by the law between civil servants and employees as concerned expenses incurred by claims relating to social security. The Anvers Court of Appeal asked the Constitutional Court about the validity of article 1017, paragraph 2, of the Belgian Judicial Code in regard to articles 10 and …Read more

Tags: Employment, Occupational health and safety, Social security, Workers' compensation
Download Judgment: English French Flemish

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
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