188 judgments found.

S v. Procureur Général

Country: Switzerland
Year: 2009
Court: Court of Justice, Penal Division [Cour de Justice, Chambre pénale]
Citation: Switzerland
Health Topics: HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
Facts:

The Petitioner, S, was a man living with HIV. He was aware that he was HIV-positive since 1998 and had been undergoing treatment since then. In 2006, he began combination antiretroviral therapy. The Petitioner’s viral load had been undetectable since 2008 and he was not suffering from any other infections. The Petitioner’s doctors had assured …Read more

Tags: AIDS, Antiretrovirals, ARVs, Condoms, Contraceptives, Health care professionals, Health care workers, HIV, HIV positive, People living with HIV/AIDS, PLHIV, Public hospitals, Sexual assault, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
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Szuluk v. The United Kingdom

Country: United Kingdom
Year: 2009
Court: European Court of Human Rights
Citation: Application no. 36936/05
Health Topics: Health care and health services, Health information, Prisons
Human Rights: Right to privacy
Facts:

The applicant, an inmate in prison, appealed to the European Court of Human Rights because he wanted to correspond privately with an external medical specialist. In 2001, the applicant suffered a brain hemorrhage while he was on bail awaiting trial for a conspiracy to sell drugs. He underwent surgery twice before being discharged to prison. …Read more

Tags: Access to health care, Access to treatment, Confidentiality, Disclosure, Health care professionals, Imprisonment, Incarceration, Inmate, Jail
Download Judgment: English

Te Koeti v. Otago District Health Board

Country: New Zealand
Year: 2009
Court: Human Rights Review Tribunal
Citation: [2009] NZHRRT 24
Health Topics: Health information, Hospitals, Mental health, Violence
Human Rights: Right of access to information
Facts:

. (The tribunal noted that the request should have been made under the Health Information Privacy Code 1994, but accepted that this was immaterial for the purposes of the case.)  TK made it clear that he specifically wanted all the names of the nurses who had attended him. Although accepting that these names were part …Read more

Tags: Assault, Disclosure, Freedom of information, Health care professionals, Health care workers, Health records, Medical records, Mental illness, Non-disclosure, Public hospitals, Secrecy
Download Judgment: English

VM v. RIDCA Central (Regional Intellectual Disability Care Agency)

Country: New Zealand
Year: 2009
Court: High Court
Citation: [2009] NZHC 545
Health Topics: Mental health, Public safety
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person
Facts:

The appellant, VM, challenged a renewal of her detention under a compulsory care order governed by the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (the “Act”). In 2005, the appellant was charged with possession of a knife in a public place when she became fixated on one of her care workers and showed up …Read more

Tags: Community-based care, Compulsory commitment, Health care professionals, Health care workers, Incapacity, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental institution, Psychology
Download Judgment: English

Advocate Achyut Prasad Kharel v. Government of Nepal

Country: Nepal
Year: 2008
Court: Supreme Court
Citation: Writ No. 3352 of the year 2061 BS (2004 AD)
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to bodily integrity, Right to health, Right to life
Facts:

The petition challenged clause (1) of  No. 28B of the Chapter on Life in the National Code which provided that “a health worker attaining the qualification as prescribed, may, with the consent of the concerned pregnant women, remove her fetus within 12 weeks of conception” (the Clause). The Petitioner contended that this was contrary to …Read more

Tags: Abortion, Health care professionals, Health care workers, Pregnancy, Spousal consent, Spousal notification, Termination of pregnancy
Download Judgment: English

Case SK 16/071

Country: Poland
Year: 2008
Court: Constitutional Tribunal
Health Topics: Health information, Health systems and financing, Medical malpractice
Human Rights: Freedom of expression, Right of access to information
Facts:

The complainant’s principle allegation was that the portion of Article 52(2) of the Code of Medical Ethics (the “Code”) that read “a physician shall not discredit another physician publicly in any way whatsoever” violated the freedom of expression guaranteed in Article 54 of the Constitution of the Republic of Poland (the “Constitution”). The complainant was …Read more

Tags: Awareness, Freedom of information, Health care professionals, Health care workers, Health regulation, Inappropriate treatment
Download Judgment: English Polish

Case T-209/08

Country: Colombia
Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional[C.C.][Constitutional Court],Sala Novena de Revisión febrero 28, 2008, M.P.: Clara Inés Vargas Hernández, Sentencia T-209/08 (Colom.).
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right of access to information, Right to bodily integrity, Right to health, Right to liberty and security of person
Facts:

A girl, aged 13, was a victim of rape and became pregnant as a result. The girl was affiliated with the Coomeva healthcare provider company. However, the company refused to perform a legal abortion claiming conscientious objection on the part of all of its physicians. The company then referred her to the Erasmo Meoz de …Read more

Tags: Abortion, Health care professionals, Health care workers, Maternal health, Maternal mortality, Pregnancy, Rape, Sexual abuse, Sexual violence, Termination of pregnancy, Therapeutic abortion, Unsafe abortion, Violence against women
Download Judgment: English Spanish

Dr. Kwok-Hay Kwong v. Medical Council of Hong Kong

Country: China
Year: 2008
Court: Court of Appeal
Citation: [2008] HKCA 23
Health Topics: Health information
Human Rights: Freedom of expression, Right of access to information
Facts:

K, a medical practitioner, sought judicial review proceedings to challenge the Medical Counsel of Hong Kong (‘the MC’)’s decision that certain restrictions relating to practice promotion (or advertising) contained in the Professional Code and Conduct for the Guidance of Registered Medical Practitioners (‘the Code’) were justified. K argued that these restrictions were contrary to the …Read more

Tags: Advertising, Awareness, Health care professionals, Health care workers, Health education, Health promotion
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

Right to Life New Zealand Inc. v. Abortion Supervisory Committee

Country: New Zealand
Year: 2008
Court: High Court
Citation: [2008] NZHC 865; [2008] 2 NZLR 825
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to liberty and security of person, Right to life
Facts:

This case was amended by a Judgment on Declaratory Relief and then overruled by the Court of Appeal in [2011] NZCA 246. The applicant, the Right to Life New Zealand (RTL), argued that the high rate of abortion in New Zealand indicated women were accessing “abortions on request” in contravention of the Contraception, Sterilisation and Abortion …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Clinics, Counseling, Depression, Diagnostics, Health care professionals, Health care workers, Health facilities, Health records, Health regulation, Maternal health, Medical records, Pregnancy, Standard of care, Termination of pregnancy, Therapeutic abortion
Download Judgment: English