69 judgments found.

Price v. United Kingdom

Country: United Kingdom
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 33394/96; (2002) 34 EHRR 53; [2001] Crim.L.R. 916
Health Topics: Chronic and noncommunicable diseases, Disabilities, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment
Facts:

P, who is a UK national, was four-limb deficient as a result of procomelia due to thalidomide. She also suffered kidney problems. On 20 January 1995, in the course of civil proceedings in Lincoln County Court for recovery of a judgment debt, P refused to answer questions regarding her financial status and was committed to …Read more

Tags: Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Disabled, Handicapped, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Noncommunicable diseases, Physically challenged, Torture
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Campodónico de Beviacqua, Ana Carina v. Ministerio de Salud y Acción Social – Secretaría de Programas de Salud y Banco de Drogas Neoplásicas

Country: Argentina
Year: 2000
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 823. XXXV
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) in the name of her son, who suffered from Kostmann’s disease, a severe bone marrow defect. Because of this disease, the plaintiff’s son was entirely dependent on a medicine called Neutromax 300. From June 1996 to December 1998, the National Bank of Antineoplastic …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Budget, Child development, Children, Disabled, Handicapped, Health expenditures, Health funding, Health regulation, Health spending, Low income, Minor, Out-of-pocket expenditures, Pediatric health, Poor, Social security, Subsidies, Underprivileged
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City of Montreal, et al. v. Commission des droits de la personne et des droits de la jeunesse

Country: Canada
Year: 2000
Court: Supreme Court
Citation: [2000] 1 R.C.S. 665
Health Topics: Disabilities
Human Rights: Freedom from discrimination, Right to work
Facts:

In the first case the complainant, M, was refused employment as a gardener-horticulturist, even though she had successfully completed her training, after a pre-employment medical examination revealed a weakness in her spinal column. M had never suffered any lower back pain and had no disability performing normal activities. In the second case the complainant, T, …Read more

Tags: Disabled, Employment, Handicapped
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Olmstead v. L.C.

Country: United States
Year: 1999
Court: Supreme Court
Citation: 527 U.S. 581 (1999)
Health Topics: Disabilities, Health care and health services, Hospitals, Mental health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to liberty and security of person
Facts:

The Respondents, L. C. and E. W., both mentally disabled women, brought proceedings against the State alleging that the State’s failure to place them in a community-based program, after their treating professional had determined that such a placement was appropriate, violated Title II of the Americans with Disabilities Act of 1990 (ADA). Title II of …Read more

Tags: Access to treatment, Community-based care, Compulsory confinement, Disabled, Handicapped, Involuntary confinement, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology, Public hospitals, Schizophrenia
Download Judgment: English

Bragdon v. Abbott

Country: United States
Year: 1998
Court: Supreme Court
Citation: 524 U.S. 624 (1998)
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination
Facts:

After disclosing she was HIV-positive on a patient registration form, Respondent Abbott was informed by her dentist, Petitioner, of his policy against filling cavities of HIV-infected patients. Petitioner offered to perform the work at a hospital with no added service fee, but with the cost of the use of the hospital’s facilities borne by Respondent. …Read more

Tags: AIDS, Handicapped, HIV, HIV positive, HIV status, People living with HIV/AIDS, Physically challenged, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Pennsylvania v. Yeskey

Country: United States
Year: 1998
Court: Supreme Court
Citation: 524 U.S. 206 (1998)
Health Topics: Chronic and noncommunicable diseases, Disabilities, Prisons
Human Rights: Freedom from discrimination
Facts:

The Respondent, Yeskey, brought this claim against Pennsylvania’s Department of Corrections alleging that his exclusion from a prison Motivational Boot Camp because of his medical history of hypertension violated the Americans with Disabilities Act of 1990 (ADA). ADA Title II prohibited a “public entity” from discriminating, excluding or denying benefits to a “qualified individual with …Read more

Tags: Detainee, Detention, Handicapped, Heart disease, Imprisonment, Incarceration, Inmate, Jail, Physically challenged
Download Judgment: English

Julian, et al. v. New Zealand

Country: New Zealand
Year: 1997
Court: United Nations Human Rights Committee
Citation: Communication No. 601/1994
Health Topics: Disabilities, Health systems and financing
Facts:

Julian (J), a former fighter pilot, and Drake (D), who had become a naturalized New Zealand citizen in 1964, had been incarcerated by Japan during the Second World War in conditions where torture and maltreatment took place regularly. It was claimed that, as a direct consequence of this, they still suffered residual disabilities and incapacities. …Read more

Tags: Differently abled, Disabled, Handicapped, Health expenditures, Health funding, Health spending
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R v. Gloucestershire County Council and Anr., ex parte Barry

Country: United Kingdom
Year: 1997
Court: House of Lords
Citation: [1997] 2 All ER 1 (HL); [1997] 2 W.L.R. 459; [1997] A.C. 584
Health Topics: Disabilities, Health systems and financing
Human Rights: Right to health
Facts:

Michael Barry was an 81-year-old man who suffered from a number of disabilities and lived alone within the Gloucestershire County Council (the Council). Barry was originally assessed as requiring a number of home care services, but after budgetary cuts the Council informed Barry that they would no longer be able to perform cleaning and laundry …Read more

Tags: Budget, Disabled, Handicapped, Health expenditures, Health facilities, Health funding, Health insurance, Health spending, Out-of-pocket expenditures, Subsidies
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Adler v. Ontario

Country: Canada
Year: 1996
Court: Supreme Court
Citation: [1996] 3 R.C.S. 609
Health Topics: Disabilities
Human Rights: Freedom of religion, Right to education
Facts:

The Ontario Government provides funding for both secular public and Roman Catholic separate schools in the province under the Education Act 1990 (Ont), but contributes nothing to the funding of private religious schools. Several parents who, in accordance with their religious beliefs, send their children to private religious schools sought declarations that the Government’s failure …Read more

Tags: Differently abled, Disabled, Handicapped, Physically challenged
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Kerojärvi v. Finland

Country: Finland
Year: 1995
Court: European Court of Human Rights
Citation: App. No. 17506/90, 32 Eur. H.R. Rep. 8 (2001).
Health Topics: Disabilities, Health systems and financing, Occupational health
Human Rights: Right of access to information, Right to due process/fair trial
Facts:

The applicant was a Finnish national who had retired from the military after receiving a shrapnel wound in his back during his service in the wars between Finland and the Soviet Union. Although the State Office for Accident Compensation (Compensation Office) acknowledged that the shrapnel wound was a “military injury” for purposes of compensation under …Read more

Tags: Compensation, Disabled, Employment, Handicapped, Military, Notification, Occupational hazards, Occupational health and safety, Physically challenged, Social security, Workers' compensation
Download Judgment: English