Hin Lin Yee and Another v. Hksar
Country: ChinaYear: 2010
Court: Court of Final Appeal of the Hong Kong Special Administrative Region
Citation: FACC No. 7 of 2009
Health Topics: Medical malpractice, Medicines
The First Appellant was a medical practitioner who, on four separate occasions, prescribed medicine that was unfit for human use as it had been contaminated with isopropyl alcohol. The Second Appellant (the First Appellant’s assistant) had, on one of those occasions, finalized the prescription of the medicine and transferred it to the patient for payment. …Read more
L v. RIDCA Central (Regional Intellectual Disability Care Agency)
Country: New ZealandYear: 2010
Court: High Court
Citation: HC WN CIV-2010-485-1279
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The claimant (L), a 45-year-old woman with an intellectual disability, appealed a decision by the Family Court which had ordered a 12-month extension to the compulsory care order that L was under. The care order had been initially ordered under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (“IDCCR Act”) because of L’s violent …Read more
Ministry of Health v. Atkinson
Country: New ZealandYear: 2010
Court: High Court
Citation: [2010] NZHC 1216
Health Topics: Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
In 2010, the New Zealand Human Rights Tribunal (the Tribunal) declared that the New Zealand government’s policy that excluded relatives of disabled persons from receiving public payments for providing home-care disability services (the Policy) was discriminatory and thus, violated s 19 of the New Zealand Bill of Rights Act (NZBoRA). The Tribunal’s declaration was challenged …Read more
Oyal v. Turkey
Country: TurkeyYear: 2010
Court: European Court of Human Rights
Citation: App. No. 4864/05, Eur. Ct. H.R. (unpublished) (2010).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice, Poverty
Human Rights: Right to due process/fair trial, Right to life
The primary applicant, the child of the second two applicants, was born prematurely and diagnosed with an “inguinal and umbilical hernia.” The child required a number of blood and plasma transfusions during the first two months of life, and the applicant parents purchased the required blood and plasma quantities from the Turkish Red Cross. Four …Read more
Payel Sarkar v. Central Board of Secondary Education and Ors
Country: IndiaYear: 2010
Court: High Court of Calcutta
Citation: AIR 2010 Calcutta 74
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Mental health
The Petitioner, a student, was not allowed to sit for the All India Senior School Certificate Examination because of frequent absences from school. The Court accepted that her poor attendance record was attributable to a “special learning disability.” A provision in the school by-laws allowed for exemptions from school attendance policies for blind, physically handicapped …Read more
R.M. v Attorney General, et al.
Country: KenyaYear: 2010
Court: Nairobi High Court
Citation: [2010] eKLR; Petition 705 of 2007
Health Topics: Poverty, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
RM was born a hermaphrodite/intersexual and was raised as male. His birth was not registered at the time, which caused RM difficulties later in life as he was not in consequence recognised by the State for employment, marriage or other legal reasons. RM was later convicted of an offence of robbery with violence and sentenced …Read more
Case 1-27/2009
Country: UkraineYear: 2009
Court: Turiyskiy District Court
Citation: Case No. 1-27/2009
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to health
On 27 August 2003, the defendant doctor, who had worked as an infectious disease physician at the Department of Infectious Diseases at the Kovel central regional hospital, examined her patient who was showing signs of respiratory and cardiac failure. The defendant doctor left her patient in this critical health condition without taking the appropriate medical measures …Read more
Case 2-88-09
Country: RussiaYear: 2009
Court: Moscow District Court
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to health
The applicant R.A. injured his right ankle joint when ice skating on January 4th, 2008. He went to an emergency room at the defendant’s Medical Healthcare Institution ”G” (“MHI ‘G’”) in order to receive care. However, a doctor there only examined his ankle with her hands, and diagnosed a ligament sprain in the right joint, …Read more
Case 2009-0023
Country: BelgiumYear: 2009
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4379 & No. 4396. C. C., n°2009-0023
Human Rights: Freedom from discrimination, Freedom of association
Three non-profit organizations concerned with Belgian healthcare and nursing brought forward a plea seeking to annul a 2007 law relating to the representation of homecare nurses within the Conventions Committee of Nurses. At a later date, another non-profit organization brought forth a plea challenging Articles 2-5 of the 2007 law. The Constitutional Court heard both …Read more
Case 2009-165
Country: BelgiumYear: 2009
Court: Constitutional Court [Court Constitutionelle]
Citation: No. 4573 & 4574. C. C., n°2009-165
Health Topics: Health care and health services
Human Rights: Right to work
The Flemish Community brought a claim against the Belgian state, challenging Article 21 of the 1967 Royal Decree (Article 21) concerning healthcare professionals. In assessing the matter, the State Board referred two interlocutory questions to the Constitutional Court. The first question was whether Article 21 unconstitutionally infringed on the jurisdiction of the Flemish Community by …Read more