69 judgments found.

Department of Health & Community Services v JWB & SMB (“Marion’s Case”)

Country: Australia
Year: 1992
Court: High Court
Citation: (1992) 175 CLR 218; [1992] HCA 15
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
Facts:

“Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more

Tags: Children, Contraception, Contraceptives, Deaf, Disabled, Forced sterilization, Forced treatment, Handicapped, Incompetence, Informed choice, Involuntary treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Minor, Non-consensual testing and treatment, Patient choice, Physically challenged, Pregnancy, Psychiatry, Psychology, Sterilization
Download Judgment: English

Rogers v. Whitaker 

Country: Australia
Year: 1992
Court: High Court
Citation: (1992) 175 CLR 479; [1992] HCA 58
Health Topics: Disabilities, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity
Facts:

Appellant doctor appealed an award of $808,564.38 to respondent patient. Appellant doctor had operated on the right eye of respondent patient in an attempt to improve its appearance and restore some sight as respondent patient’s right eye had been sightless from a previous injury. The lower court had found that appellant doctor had operated with …Read more

Tags: Blind, Disabled, Duty of care, Handicapped, Informed choice, Negligence, Patient choice, Physically challenged, Standard of care, Tort
Download Judgment: English

Doe v. Attorney General of the US

Country: United States
Year: 1991
Court: 9th Circuit Court of Appeal
Citation: 941 F.2d 780 (1991)
Health Topics: Disabilities, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Freedom from discrimination, Right to privacy
Facts:

John Doe brought a lawsuit against the Federal Bureau of Investigation (FBI) and Agent Held alleging that they discriminated against him by ceasing to send agents to him for physical examinations because of his AIDS. John Doe was a physician who gave physical examinations to FBI agents and to potential agents in the hiring process. …Read more

Tags: AIDS, Clinics, Confidentiality, Disabled, Employment, Examination, Handicapped, Health care professionals, Health care workers, HIV, HIV positive, Law enforcement, People living with HIV/AIDS, PLHIV
Download Judgment: English

School Board of Nassau County v. Arline

Country: United States
Year: 1987
Court: Supreme Court
Citation: 480 U.S. 273 (1987)
Health Topics: Disabilities, Infectious diseases
Human Rights: Freedom from discrimination
Facts:

The Respondent, Arline, an elementary school teacher, brought suit against a local public school board alleging the school had violated § 504 of the federal Rehabilitation Act of 1973  (the Act) when they dismissed Arline after she suffered a third relapse of tuberculosis in two years. The following statutory provisions were relevant to Arline’s complaint: …Read more

Tags: Employment, Handicapped, TB, Tuberculosis
Download Judgment: English

Alexander v. Choate

Country: United States
Year: 1985
Court: Supreme Court
Citation: 469 U.S. 287 (1985)
Health Topics: Disabilities, Health care and health services, Health systems and financing, Mental health, Poverty
Human Rights: Freedom from discrimination, Right to social security
Facts:

In response to increasing projected state Medicaid costs, the directors of the Tennessee Medicaid program decided to implement a number of cost saving measures. Among these measures was a proposed reduction in the number of annual days of inpatient hospital care covered by the program from 20 to 14 days per fiscal year. Respondents, Tennessee …Read more

Tags: Access to treatment, Budget, Disabled, Handicapped, Health expenditures, Health funding, Health spending, Indigent, Low income, Physically challenged, Poor, Secondary care, Subsidies, Tertiary care
Download Judgment: English

X & Y v. The Netherlands

Country: Netherlands
Year: 1985
Court: European Court of Human Rights
Citation: App. No. 8978/80, 8 Eur. H.R. Rep. 235 (1986).
Health Topics: Child and adolescent health, Disabilities, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Facts:

The applicant, a father of a mentally handicapped woman, found himself unable to institute criminal proceedings against an individual who had sexually assaulted his daughter due to a gap in the domestic criminal laws of the Netherlands, which required the victim to file the complaint herself. Although the victim was more than sixteen years of …Read more

Tags: Children, Disabled, Handicapped, Incapacity, Incompetence, Mental competence, Mental disability, Mental disorder, Mental retardation, Minor, Molestation, Pediatric health, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Violence against women
Download Judgment: English

Schweiker v. Hogan

Country: United States
Year: 1982
Court: Supreme Court
Citation: 457 U.S. 569 (1982)
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from discrimination, Right to social security
Facts:

The Respondents brought this suit challenging the constitutional validity of § 1903(f) of the Social Security Act (the Act); they claimed it violated the equal protection component of the Fifth Amendment. Under the Medicaid program, States were required to provide Medicaid coverage to certain individuals described as the “categorically needy” and, at their discretion, could …Read more

Tags: Access to treatment, Aged persons, Blind, Budget, Disabled, Elderly, Handicapped, Health expenditures, Health funding, Health spending, Indigent, Low income, Older persons, Physically challenged, Poor, Secondary care, Senior citizens, Subsidies, Tertiary care
Download Judgment: English

X. v. Ireland

Country: Ireland
Year: 1976
Court: European Commission on Human Rights
Citation: Application No. 6839/74
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
Facts:

The applicant argued that the refusal of the authorities to give her disabled daughter a medical card constituted a breach of her daughter’s right to life guaranteed by Article 2 (right to life) of the European Convention of Human Rights (“the Convention”). The applicant’s daughter suffered from a serious deformation of the larynx, which prevented …Read more

Tags: Access to health care, Access to treatment, Children, Disabled, Handicapped, Health funding, Health insurance, Infant health, Minor, Noncommunicable diseases, Pediatric health, Physically challenged
Download Judgment: English French

Richardson v. Redpath Brown and Co. Ltd.

Country: United Kingdom
Year: 1944
Court: House of Lords
Citation: [1944] 1 All ER 110
Health Topics: Disabilities, Health care and health services, Occupational health
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

The employer of an injured steel erector sued its employee, seeking an injunction that would require the employee to undergo radical surgery to obtain relief from a hernia. The hernia, which arose out of and in the course of the employee’s designated work, rendered the employee incapable of performing key work functions. As per the …Read more

Tags: Compulsory examination, Compulsory treatment, Disabled, Employment, Examination, Forced examination, Forced treatment, Handicapped, Health care professionals, Involuntary examination, Involuntary treatment, Mandatory examination, Mandatory treatment, Occupational accident, Patient choice, Physically challenged, Workers' compensation
Download Judgment: English