69 judgments found.

Canada Human Rights Commission v. M.N.R

Country: Canada
Year: 2004
Court: Federal Court
Citation: [2004] 1 FCR 679
Health Topics: Disabilities
Human Rights: Freedom from discrimination
Facts:

A university student- Mr. Wignall alleged he was a victim of discrimination based on his disability (deafness) when the Department of National Revenue included a portion of the student’s federal grant in the student’s taxable income for the year. A student who suffered from a condition of deafness was required to learn sign language interpretation, …Read more

Tags: Deaf, Differently abled, Disabled, Handicapped, Physically challenged
Download Judgment: English

Glass v. The United Kingdom

Country: United Kingdom
Year: 2004
Court: European Court of Human Rights
Citation: Glass v. U.K., App. No. 61827/00, 39 Eur. H.R. Rep. 15 (2004).
Health Topics: Child and adolescent health, Disabilities, Health systems and financing, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to family life, Right to privacy
Facts:

Applicants, a severely handicapped child and his mother (and legal proxy) Ms. Glass, claimed an Article 8 violation (right to respect for private life) when Ms. Glass’ objection to a course of medical treatment was overruled by the medical staff. As a legal proxy, the mother gave authorization to the doctors at St Mary’s Hospital …Read more

Tags: Children, Disabled, Emergency care, Handicapped, Informed choice, Mental competence, Mental disability, Minor, Non-consensual testing and treatment, Patient choice, Pediatric health, Physically challenged
Download Judgment: English Slovenian

Rees v. Darlington Memorial NHS Trust

Country: United Kingdom
Year: 2003
Court: House of Lords
Citation: [2003] UKHL 52
Health Topics: Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life
Facts:

After conceiving as a result of a failed sterilization surgery, Karina Rees filed a claim of negligence against the Darlington Memorial NHS Trust (the Trust) to recover the costs of rearing her child. Mrs. Rees suffered from a genetic condition that had left her almost completely blind. She believed that her disability meant that raising …Read more

Tags: Disabled, Duty of care, Family planning, Handicapped, Inadequate treatment, Inappropriate treatment, Negligence, Physically challenged, Sterilization, Tort
Download Judgment: English

Sentges v. Netherlands

Country: Netherlands
Year: 2003
Court: European Court of Human Rights
Citation: Application No. 27677/02
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to privacy
Facts:

S, a Netherlands national, was born in 1986. S suffered from Duchenne Muscular Dystrophy (DMD), a disease characterized by progressive muscle degeneration, loss of the ability to walk and often the loss of lung or cardiac functions. S was unable to stand, walk, or lift his arms and his manual and digital functions were virtually …Read more

Tags: Access to health care, Handicapped, Health care technology, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Physically challenged
Download Judgment: English

Case 2002-034f

Country: Belgium
Year: 2002
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C.C., n°2002-034f, 13 February 2002
Health Topics: Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
Tags: Access to health care, Access to treatment, Disabled, Handicapped, Physically challenged, Reimbursement, Social security
Download Judgment: French Flemish

Orlando, Susana Beatriz v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: O. 59. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Medicines, Poverty
Human Rights: Right to health
Facts:

A 55-year-old woman suffering from multiple sclerosis brought case against the Government of Argentina and the Province of Buenos Aires for acts and omissions that prevented the provision of the medications necessary for her condition that she could not afford. The petitioner’s illness did not fall within the provincial government’s jurisdiction for coverage. Therefore, the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Blind, Disabilities, Handicapped, Low income, Neurological diseases, Poor, Underprivileged
Download Judgment: English Spanish

Álvarez, Oscar Juan v. Province of Buenos Aires et al.

Country: Argentina
Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A.304.XXXVII
Health Topics: Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health
Facts:

Oscar Álvarez, a 46 year old man who was disabled, unable to work and facing economic difficulties, filed an guarantee of protection of individual constitutional rights (amparo protection) against the Province of Buenos Aires and the National State. The plaintiff stated that he suffered from paralysis, both for congenital reasons and as a result of an accident. …Read more

Tags: Access to health care, Access to treatment, Disabled, Handicapped, Health insurance, Indigent, Low income, Out-of-pocket expenditures, Physically challenged, Poor, Social security, Underprivileged
Download Judgment: English Spanish

C.V.L. Narasimha Rao v. Principal Sec. Medical and Health Dept.

Country: India
Year: 2001
Court: High Court - Andhra Pradesh
Citation: 2001 (6) ALT1
Health Topics: Disabilities, Health systems and financing, Hospitals, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

A letter sent to the Andhra Pradesh High Court informed it of the death of an inmate in a Government hostel for the blind and of the inhumane conditions in the hostel. The letter requested the High Court to intervene in the interest of justice. The High Court converted the letter in to a public …Read more

Tags: Blind, Disabled, Handicapped, Health facilities, Public hospitals
Download Judgment: English

Case 00-14564

Country: France
Year: 2001
Court: Cour de cassation [Court of Cassation]
Citation: Cass. civ I, n°00-14564, 9 October 2001
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to health
Facts:

A doctor, Y, was treating Mrs. X during her pregnancy. Y suspected a breech presentation (buttocks- or feet-first presentation rather than the normal head-first presentation) during the 8th month of pregnancy. The mother wanted a home birth. On 12 January, the child was born in a home birth and as a result of inadequate medical …Read more

Tags: Awareness, Caesarean, Child development, Children, Disabled, Emergency care, Handicapped, Health care technology, Inadequate treatment, Inappropriate treatment, Informed choice, Minor, Non-evidence based treatment, Patient choice, Pediatric health, Standard of care
Download Judgment: French

Case 252/2001

Country: Italy
Year: 2001
Court: Constitutional Court
Health Topics: Disabilities, Health care and health services
Human Rights: Freedom from discrimination, Right to health
Facts:

The Court evaluated the constitutionality of article 19, para. 2 of the legislative decree 25 July 1998 no. 286 (Consolidating act on Immigration and Norms concerning the Status of Foreigners) (the Decree) which implicitly allowed the expulsion of a foreigner entering Italian territory without documentation and staying for the sole reason of completing essential medical …Read more

Tags: Access to health care, Access to treatment, Disabled, Handicapped, Health care technology, Immigration, Migrants, Physically challenged
Download Judgment: English Italian