13 judgments found.

Pellett (Re)

Country: Canada
Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 753
Health Topics: Controlled substances, Health care and health services, Informed consent, Medicines, Mental health
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The appellant was a 62 year old female diagnosed with schizophrenia. She had a long-standing history of hospitalization, treatment, release, de-compensation, relapse, and re-admission. When psychotic, the appellant had a history of troubling behaviour, including attempts to divert traffic, throwing objects out of a window, crashing her car and smashing other cars with brooms. The …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Community-based care, Compulsory treatment, Harm reduction, Informed choice, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Patient choice, Pharmaceuticals, Psychiatry, Psychosis, Psychotropic drugs, Schizophrenia
Download Judgment: English

Nyakaana v. National Environment Management Authority & 6 Ors.

Country: Uganda
Year: 2015
Court: Supreme Court
Citation: [2015] UGSC 14
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to due process/fair trial, Right to property
Facts:

The National Environment Management Authority (“NEMA”) demolished the petitioner’s house after serving notice that his residential property was in a wetland. He filed a Constitutional Petition in the Constitutional Court maintaining that his rights over his property and his right to a hearing and to an appeal had been violated. He claimed that Sections 67, …Read more

Tags: Clean water, Cleanliness, Environmental degradation, Environmental hazards, Harm reduction, Pollution, Water pollution, Water safety
Download Judgment: English

Urgenda Foundation v. The State of the Netherlands (Ministry of Infrastructure and the Environment)

Country: Netherlands
Year: 2015
Court: Hague District Court (Chamber for Commercial Affairs)
Citation: C/09/456689
Health Topics: Environmental health
Human Rights: Right to a clean environment, Right to family life, Right to life
Facts:

The plaintiff Urgenda, a foundation committed to a more sustainable society, brought a claim on behalf of over 800 individuals against the defendant, the state of the Netherlands, regarding climate change. Specifically, the plaintiff asked the court to rule that it would be unlawful for the defendant not to reduce annual greenhouse gas emissions by …Read more

Tags: Air pollution, Climate change, Environmental degradation, Global warming, Harm reduction, Pollution
Download Judgment: English Dutch

Case of Koch v. Germany

Country: Germany
Year: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1621
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The applicant’s late wife suffered from total sensorimotor quadriplegia. The couple requested the German Federal Institute for Drugs and Medical Devices (the “Federal Institute”) grant her authorization to obtain a lethal dose of pentobarbital of sodium so she could commit suicide. The Federal Institute refused the request on the grounds that the German Narcotics Act …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Differently abled, Disabled, Drug use, Handicapped, Harm reduction, Neurological diseases, Noncommunicable diseases, Pharmaceuticals, Physically challenged
Download Judgment: English

Centre for Addiction and Mental Health v. Ontario

Country: Canada
Year: 2012
Court: Court of Appeals for Ontario
Citation: 2012 ONCA 342
Health Topics: Hospitals, Informed consent, Mental health, Prisons
Human Rights: Right to liberty and security of person
Facts:

The Centre for Addition and Mental Health (CAMH) and the Mental Health Centre Penetanguichene (MHCP)appealed an order by the Mental Disorder Court to send a person accused of sexual assault to a hospital for psychiatric treatment. The judge knew that beds for treatment would not be available until six days later. The appeal was on …Read more

Tags: care, Compulsory commitment, Compulsory confinement, Compulsory treatment, Criminalization, Custody, Depression, Detainee, Detention, Harm reduction, Health care professionals, Health facilities, Imprisonment, Incapacity, Incompetence, Inmate, Involuntary confinement, Involuntary treatment, Jail, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Prison conditions, Private hospitals, Psychiatry, Psychology, Public hospitals
Download Judgment: English

Case 2012/B/1991

Country: Hungary
Year: 2011
Court: Constitutional Court
Health Topics: Health care and health services, Infectious diseases, Informed consent
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The petitioner sought a declaration of the unconstitutionality and annulment of a Minister of Health Decree which required mandatory lung screening.  This initial Minister of Health Decree was overruled by a Decree of the Minister of Public Welfare (the “challenged Decree”) which regulated “mandatory screening of epidemiological interest content wise”, (it was aimed at detecting cases of …Read more

Tags: Compulsory examination, Compulsory testing, Diagnostics, Examination, Forced examination, Harm reduction, Informed choice, Involuntary examination, Involuntary testing, Mandatory examination, Mandatory testing, Non-consensual testing and treatment, Patient choice, TB, Tuberculosis
Download Judgment: English Hungarian

Haas v. Switzerland

Country: Switzerland
Year: 2011
Court: The European Court of Human Rights
Citation: [2011] ECHR 2422
Health Topics: Health care and health services, Medicines, Mental health
Human Rights: Right to bodily integrity, Right to health
Facts:

The applicant suffered from a serious bipolar disorder and wished to commit suicide and requested a lethal dose of sodium pentobarbital, which is available only on prescription, from several psychiatrists but was unsuccessful. The applicant then contacted various official bodies seeking permission to obtain the substance from a pharmacy without a prescription. The Federal Office …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Assisted suicide, Bipolar, Harm reduction, Mental disorder, Mental illness, Metal competence, Pharmaceuticals, Suicide
Download Judgment: English

Case STS 21-6-2010

Country: Spain
Year: 2010
Court: Supreme Court
Health Topics: Controlled substances, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of religion
Facts:

The applicants, Mr. Eulalio and Mrs. Ariadna worked as nurses at the Prison of Albacete. The prison had, allegedly, implemented the so-called Syringe Exchange Program (“Program”), a public health program developed by the Penitentiary Health General Sub-Directorate. The experimental Program was launched with the objective of preventing the transmission of diseases between inmates by, among …Read more

Tags: Abortion, Addiction, Conscientious objection, Custody, Drug abuse, Drug use, Harm reduction, Health care professionals, Health care workers, IDUs, Imprisonment, Incarceration, Injecting drug users, Inmate, Jail, People who use drugs, Rehabilitation, Substance abuse, Termination of pregnancy
Download Judgment: English

Mendoza, Beatriz Silvia et al. v. Estado Nacional et al.

Country: Argentina
Year: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: [2008] File M. 1569. XL
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Facts:

Residents of the Matanza-Riachulo river basin brought a class action against the National State, the Province of Buenos Aires, and the city of Buenos Aires, as well as a number of businesses, for injuries resulting from pollution of the area. A lengthy information collecting process began in 2006. The Supreme Court of Argentina found that …Read more

Tags: Budget, Cancer, Clean water, Cleanliness, Contamination, Disclosure, Drinking water, Dysentery, Environmental degradation, Environmental hazards, Examination Electronic health information, Freedom of information, Garbage, Harm reduction, Health data, Health expenditures, Health funding, Health regulation, Health spending, Industrial waste, Lung disease, Noncommunicable diseases, Notification, Poisoning, Pollution, Potable water, Pulmonary diseases, Respiratory diseases, Safe drinking water, Safety regulation, Sewage, Toxic waste, Trash, Waste, Waste management, Water pollution, Water safety, Water-borne disease
Download Judgment: Spanish

Shelley v. United Kingdom

Country: United Kingdom
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 23800/06; [2008] ECHR 108; (2008) 46 EHRR SE16
Health Topics: Controlled substances, Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
Facts:

The applicant was a United Kingdom national imprisoned at H.M. Prison Whitemoor who complained that the Government’s failure to provide needle exchange programs in prisons violated the rights of prisoners under Article 2 (respect for the right to life), Article 3 (prohibition of torture and inhuman or degrading treatment or punishment), Article 8 (respect for …Read more

Tags: Custody, Drug use, Harm reduction, Health care technology, Health regulation, Hepatitis, HIV, IDUs, Imprisonment, Incarceration, Informed choice, Inhuman treatment, Injecting drug users, Inmate, Jail, Most-at-risk, People who use drugs, Prison conditions, Transmission
Download Judgment: English Italian
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