188 judgments found.

Hoffman v. South African Airways

Country: South Africa
Year: 2000
Court: Constitutional Court
Citation: (2) SA 628; 2001 (10) BHRC 571; (2000) 3 CHRLD 146
Health Topics: Health care and health services, HIV/AIDS
Human Rights: Freedom from discrimination
Facts:

In 1996, the Appellant applied for employment as a cabin attendant with South African Airways (SAA). At the end of the selection process, he was found to be a suitable candidate for employment. He was then subject to a medical examination, which found him clinically fit and thus suitable for employment. However, a blood test …Read more

Tags: AIDS, Examination, Health care professionals, Health care workers, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV, Testing, Transmission
Download Judgment: English

BT v. Oei

Country: Australia
Year: 1999
Court: Supreme Court of New South Wales
Citation: [1999] NSWSC 1082
Health Topics: Controlled substances, Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice, Mental health, Sexual and reproductive health
Facts:

The case was brought by BT on behalf of herself and on behalf of the estate of her late husband, AT, against the defendant, a general practitioner, who was AT’s doctor from 26 November 1991 to 22 January 1993. The case arose as a result of the defendant’s alleged negligent failure to diagnose AT’s HIV …Read more

Tags: AIDS, Awareness, Compensation, Condoms, Confidentiality, Contraceptives, Counseling, Damages, Depression, Diagnostics, Disclosure, Duty of care, Gay, Harm reduction, Health care professionals, Health care workers, Hepatitis, HIV, HIV positive, HIV status, Homosexual, Inadequate treatment, Inappropriate treatment, Injecting drug users, LGBTI, Most-at-risk, Negligence, Non-disclosure, Notification, People living with HIV/AIDS, PLHIV, Queer, Remedies, Sex workers, Sexually transmitted diseases, Sexually transmitted infections, Spousal notification, Standard of care, STDs, STIs, Testing, Transmission
Download Judgment: English

In the Matter of an application by Carl Hanoman, for prerogative writs of Certiorari, Mandamus and Prohibition

Country: Guyana
Year: 1999
Court: High Court of the Supreme Court of Judicature
Citation: 65 WIR 157
Human Rights: Right of access to information, Right to participation
Facts:

In accordance with s 1(c) of the First Schedule of the Medical Practitioners Act, 1991, the Guyana Medical Association, of which the applicant was the President, was requested by the Minister of Health to submit names of nominees for appointment to the Medical Council under a consultation process. Subsequently, the applicant requested reasons for the …Read more

Tags: Health care professionals
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Kurukulasuriyage Don Douglas Hemapriya Dayarathna, et al. v Minister of Health and Indigenous Medicine, et al.

Country: Sri Lanka
Year: 1999
Court: Supreme Court
Citation: SC Application Nos 513-528/98, unreported
Human Rights: Right to work
Facts:

The sixteen petitioners responded to a notification in the Government Gazette calling for applications for training as Assistant Medical Practitioners (AMP). All the petitioners possessed the stipulated qualifications, submitted applications in the terms of the notification and successfully sat the examination qualifying them for the training. However, before the final stage of the process, which involves …Read more

Tags: Health care professionals, Health care workers
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Naxakis v. Western General Hospital

Country: Australia
Year: 1999
Court: High Court
Citation: (1999) 197 CLR 269; (1999) 162 ALR 540; (1999) 73 ALJR 782; (1999) 9 Leg Rep 2; [1999] HCA 22
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Violence
Human Rights: Right to due process/fair trial
Facts:

In July 1980 the appellant, who was 12 years old at the time, was struck on the head by the bag of a schoolmate and collapsed. The appellant was seen by a general practitioner who referred him to Western General Hospital, the first respondent, where he was placed under the care of Mr. Jensen, the …Read more

Tags: Assault, Children, Compensation, Damages, Diagnostics, Examination, Health care professionals, Health care technology, Health care workers, Inadequate treatment, Minor, Misdiagnosis, Negligence, Pediatric health, Standard of care
Download Judgment: English

Schauman de Scaiola, Martha Susana v. Provincia de Santa Cruz et al.

Country: Argentina
Year: 1999
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S. 360. XXV.
Health Topics: Disabilities, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

Martha Susana Schauman de Scaiola filed a suit against Dr. Juan Manuel Padrón and the Regional Hospital of Río Gallegos of the Government of the Province of Santa Cruz to hold them responsible for her son’s death, due to medical malpractice. She claimed liquidated damages due to her suffering caused from the death of her …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Health care professionals, Health insurance, Health regulation, Medical malpractice, Medical negligence, Social security
Download Judgment: Spanish

Stefan v. General Medical Council

Country: United Kingdom
Year: 1999
Court: Privy Council, Judicial Committee
Citation: Appeal No. 16 of 1998; [1999] 1 WLR 1293, (1999) 6 BHRC 487
Health Topics: Health systems and financing
Human Rights: Right to due process/fair trial
Facts:

The appellant was a medical practitioner whose registration was suspended on several occasions following decisions of the Health Committee of the General Medical Council (“Committee”) that her fitness to practice was impaired by reason of her mental condition. In 1998, when the option of imposing an indefinite suspension was available to the Committee under section …Read more

Tags: Health care professionals, Health care workers, Health regulation
Download Judgment: English

Aydin v. Turkey

Country: Turkey
Year: 1998
Court: European Court of Human Rights
Citation: App. No. 23178/94, 25 Eur. H.R. Rep. 251 (1998).
Health Topics: Child and adolescent health, Hospitals, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The applicant was a 17-year old Turkish national of Kurdish origin girl who lived with her parents in a village in south-east Turkey. Since 1985 serious disturbances had raged in this part of the country between the security forces and the members of a Kurdish separatist party. Turkey claimed that these had resulted in the deaths …Read more

Tags: Armed conflict, Children, Compensation, Cruel treatment, Degrading treatment, Health care professionals, Health care workers, Humiliating treatment, Military, Minor, Pregnancy, Public hospitals, Rape, Sexual assault, Sexual violence, Terrorism, Torture
Download Judgment: English

Case 181718

Country: France
Year: 1998
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°181718, 12 June 1998
Health Topics: Health information, Medicines
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of movement and residence
Facts:

Mr. Francois X, a pharmacist practicing in the Rosny-sou-Bois commercial center, along with his employer, the Plus Pharmacie association, requested the annulment of decree no 96-531 of June 14 1996. The decree related to advertisement of medications and other products for medical use. The decree modifies the public health code to insert a new article …Read more

Tags: Access to drugs, Access to medicines, Advertising, Awareness, Health care professionals, Health care workers, Health education, Health promotion, Pharmaceuticals
Download Judgment: French

Case 48/1998 (XI. 23.)

Country: Hungary
Year: 1998
Court: Constitutional Court
Citation: Decision 48/1998 (XI. 23.) AB
Health Topics: Health information, Sexual and reproductive health, Violence
Human Rights: Right to a clean environment, Right to bodily integrity, Right to life, Right to privacy
Facts:

This case concerned the impact of Hungary’s constitutional guarantee of the right to life on its parliament’s ability to pass abortion laws. Petitioners submitted that Hungary’s Act LXXIX/1992 on the Protection of Foetal Life (“the Act”), regarding permissible abortion, was unconstitutional. The Act allowed a pregnant woman to have an abortion if she was “in …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Birth control, Criminalization, Health care professionals, Health care workers, Maternal health, Maternal mortality, Notification, Pregnancy, Rape, Termination of pregnancy, Unsafe abortion
Download Judgment: English