69 judgments found.

Payel Sarkar v. Central Board of Secondary Education and Ors

Country: India
Year: 2010
Court: High Court of Calcutta
Citation: AIR 2010 Calcutta 74
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Mental health
Facts:

The Petitioner, a student, was not allowed to sit for the All India Senior School Certificate Examination because of frequent absences from school. The Court accepted that her poor attendance record was attributable to a “special learning disability.” A provision in the school by-laws allowed for exemptions from school attendance policies for blind, physically handicapped …Read more

Tags: Blind, Child development, Children, Disabled, Examination, Handicapped, Health care professionals, Health care workers, Physically challenged, Psychiatry
Download Judgment: English

Boyle v. SCA Packaging Ltd.

Country: United Kingdom
Year: 2009
Court: House of Lords
Citation: [2009] UKHL 37
Health Topics: Disabilities
Human Rights: Freedom from discrimination
Facts:

Ms. Boyle brought a claim against her employer, SCA Packaging, under the Disability Discrimination Act 1995 (the 1995 Act). Ms. Boyle had been employed by SCA Packaging as a buyer/stock controller since 1969. In 1974, she consulted an ENT specialist about constant hoarseness in her throat. She was diagnosed with nodules on her vocal cords. …Read more

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

Case 4053-2009

Country: Guatemala
Year: 2009
Court: Constitutional Court [Corte Constitucional]
Citation: Corte Constitucional de Guatemala, Exp. No. 4053-2009
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life, Right to social security
Facts:

Julio César Bravo Villata, a minor, was a beneficiary of the Guatemalan Social Security Institute.  He suffered from cerebral paralysis due to a respiratory arrest that occurred at the time of birth (a “congenital defect”) and his parents were told that once the child turned five, his treatment would be suspended. The Board of Directors …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Disabled, Handicapped, Health expenditures, Health insurance, Health spending, Minor, Pediatric health, Social security
Download Judgment: English Spanish

Eugen Gabriel Radu v. Romania

Country: Romania
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 3036/04
Health Topics: Disabilities, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The plaintiff, Eugen Gabriel Radu, a Romanian national, applied to the European Court of Human Rights claiming that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, which prohibits torture and inhumane or degrading treatment. The plaintiff was sentenced in 2001 and again in 2006 for aggravated …Read more

Tags: Clean water, Cleanliness, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Disabled, Handicapped, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Physically challenged, Prison conditions, Waste management
Download Judgment: French

Khrapunskiy v. Doar

Country: United States
Year: 2009
Court: New York Court of Appeals
Citation: 12 N.Y.3d 478 (2009)
Health Topics: Aging, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
Facts:

The Plaintiffs, aged, blind or disabled persons and legal resident aliens of New York State, brought these proceedings against the Commissioner of the New York State Office of Temporary and Disability Assistance (OTDA) after they became ineligible for Supplementary Security Income (SSI) from the federal government and Additional State Payments (ASP) provided by the State. …Read more

Tags: Aged persons, Blind, Disabled, Elderly, Handicapped, Older persons, Physically challenged, Senior citizens, Social security, Subsidies
Download Judgment: English

Paxton v. Ramji

Country: Canada
Year: 2008
Court: Ontario Court of Appeal
Citation: 2008 ONCA 697, 92 OR (3d) 401
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This appeal concerns whether a doctor owes a tort law duty of care to a future child subsequently born of the doctor’s patient. Dr. Ramji prescribed Accutane to Dawn Paxton, mother of the plaintiff, Jamie Paxton, on the understanding that Dawn would not become pregnant while taking the drug. Due to her husband’s failed vasectomy, …Read more

Tags: Birth control, Child development, Childbirth, Children, Compensation, Contraception, Contraceptives, Counseling, Damages, Deaf, Differently abled, Disabled, Disclosure, Drug safety, Duty of care, Fertility, Handicapped, Health care professionals, Health care workers, Infant health, Informed choice, Maternal health, Negligence, Non-disclosure, Patient choice, Pediatric health, Pharmaceuticals, Physically challenged, Standard of care, Testing, Tort
Download Judgment: English

Trevethick v. Ministry of Health

Country: New Zealand
Year: 2008
Court: High Court
Citation: [2008] NZHC 415; (2008) 8 HRNZ 485; [2008] NZAR 454
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
Facts:

The appellant, a woman suffering from multiple sclerosis, brought a claim against New Zealand’s Ministry of Health for discrimination contrary to s. 123(2) of the Human Rights Act, 1993. She claimed that if her disability had been caused by accident rather than illness, she would have received significantly greater disability benefits from the government under …Read more

Tags: Disabled, Handicapped, Health funding, Health regulation, Neurological diseases, Noncommunicable diseases, Physically challenged, Social security
Download Judgment: English

Eggertsdóttir, Sara Lind v. Iceland

Country: Iceland
Year: 2007
Court: European Court of Human Rights
Citation: App. No. 31930/04, Eur. Ct. H.R. 553 (2007).
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Facts:

The applicant, an Icelandic national was born physically and mentally handicapped at the National and University Hospital (NUH). Linking the cause to possible mistakes on the part of the hospital staff, the applicant’s parents brought judicial proceedings on her behalf against the State of Iceland. The District Court found that the State was liable and …Read more

Tags: Caesarean, Child development, Childbirth, Children, Compensation, Damages, Disabled, Handicapped, Inappropriate treatment, Infant health, Minor, Negligence, Pregnancy, Remedies
Download Judgment: English French Icelandic

Health Department of Sao Paulo v. Municipality of Sao Paulo

Country: Brazil
Year: 2007
Court: Court of Justice for the Minority and Collective Interest [Procuradoria da Jutica de Interesses Difusos e Coletivos]
Citation: Civil Appeal No. 152.887.0/1-00
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Poverty
Human Rights: Right to health, Right to life
Facts:

A minor diagnosed with progressive muscular dystrophy was denied access to a special Municipal transportation service called the ATENDE program because he was not yet using a wheelchair. The ATENDE program was instituted to meet the needs of handicapped people who could not otherwise access common public transportation. The Health Department of Sao Paulo, on …Read more

Tags: Access to health care, Access to treatment, Children, Differently abled, Disabled, Handicapped, Indigent, Low income, Minor, Pediatric health, Physically challenged, Poor
Download Judgment: English Portuguese

Trevethick v. Ministry of Health (Decision No. 2)

Country: New Zealand
Year: 2007
Court: Human Rights Review Tribunal
Citation: [2007] NZHRRT 21
Health Topics: Disabilities, Health systems and financing
Human Rights: Freedom from discrimination
Facts:

This case has comes after Decision No. 1 and before the judgment of the High Court. The Plaintiff challenged the government’s interpretation of the definition of “disability” in s.21(1)(h) of the Human Rights Act (“HRA”). The New Zealand government distributed different levels of funding to people with the same types of disabilities depending on the …Read more

Tags: Disabled, Handicapped, Health funding, Health regulation, Physically challenged
Download Judgment: English