45 judgments found.

JOO v. Attorney General & six others

Country: Kenya
Year: 2018
Court: High Court of Kenya at Bungoma
Citation: [2018] eKLR
Facts:

The Petitioner, Josephine Majani, was a woman from a poor economic background, who was in need of maternal care. As she could not afford private medical care, she went to Bungoma County Referral Hospital, a public health care facility that ought to provide free maternal health care following a Presidential directive that was issued on …Read more

Tags: Freedom from Torture and Cruel, Health care and health services, Health information, Hospitals, Inhuman or Degrading Treatment, Medicines, Right of Access to Information, Right to Health, Sexual and reproductive health
Download Judgment: English

PBU v Mental Health Tribunal

Country: Australia
Year: 2018
Court: Supreme Court of Victoria
Citation: [2018] VSC 564
Facts:

Both the plaintiffs were diagnosed with schizophrenia and were ordered to undergo compulsory electroconvulsive treatment (ECT). The case arose from the plaintiffs’ appeal of the Victorian Civil and Administrative Tribunal’s (VCAT) order that they are administered ECT. VCAT made this decision pursuant to its findings that both individual plaintiffs lacked the capacity to give informed …Read more

Tags: Disabilities, Freedom from Discrimination, Health care and health services, Health information, Informed consent, Medical malpractice, Mental health, Right to bodily integrity, Right to Health, Right to Privacy
Download Judgment: English

Bayev and Ors. v. Russia

Country:
Year: 2017
Court: European Court of Human Rights
Citation: Applications nos. 67667/09, 44092/12, and 56717/12
Facts:

The applicants were three Russian nationals, Mr. Bayev, Mr. Kiselev and Mr. Alekseyev, who had filed applications against the Russian Federation, in response to the legislative ban on “propaganda of non-traditional sexual relations aimed at minors” which was introduced, in part, for the protection of the morality and health of children in Russia. The three …Read more

Tags: Child and adolescent health: Child development, Health information, HIV, Mental health, public health, Right to Access to Information, sexual and reproductive rights
Download Judgment: English

Meadows v. Khan

Country: United Kingdom
Year: 2017
Court: High Court of Justice Queen’s Bench Division
Citation: [2017] EWHC 2990 (QB)
Facts:

The claimant, Omodele Meadows, brought this case before the High Court of Justice to recover additional costs for raising her son, Adejuwon, who suffered from Hemophilia and autism. Prior to her pregnancy, the claimant, after seeing her nephew diagnosed with hemophilia, had taken blood tests to determine whether she was a carrier and was informed …Read more

Tags: Disabilities, Health information, Medical malpractice, Right of Access to Information, Sexual and reproductive health
Download Judgment: English

European Roma and Travellers Forum (ERTF) v. the Czech Republic

Country: Czech Republic
Year: 2016
Court: European Committee of Social Rights
Citation: Complaint No. 104/2014
Facts:

The complainant, European Roma and Travellers Forum (ERTF), filed a complaint against the respondent, the Czech Republic, alleging violation of Article 16 of the European Social Charter, 1961, which provides for right of the family to social, legal and economic protection, on the grounds that Roma people suffered from a lack of accessible housing, residential …Read more

Tags: Child and adolescent health, Freedom from Discrimination, Health care and health services, Health information, Health systems and financing, Infectious diseases, Poverty, Right to a Clean Environment, Right to Health, right to housing, Right to water and sanitation, sanitation and hygiene, Water
Download Judgment: English

Dumas v. Simba Technologies

Country:
Year: 2015
Court: British Colombia Human Rights Tribunal
Citation: 2015 BCHRT 65, 2015 Carswell BC 975 (2015)
Facts:

The complainant, Cathy Dumas, suffered from a cognitive illness. She had filed a complaint against the respondent, her former employer, Simba Technologies Inc., on the ground of irregular termination of employment due to her mental or physical disability. This termination is claimed to be in violation of S.3 of the Human Rights Code Which lists …Read more

Tags: Disabilities, Freedom from Discrimination, Health information, Mental health, Right to Enjoyment of Favorable Working Conditions, Right to work
Download Judgment: English

Federation of Catholic Families in Europe v. Sweden

Country: Sweden
Year: 2015
Court: European Committee of Social Rights
Citation: Complaint No. 99/2013
Facts:

The complainant, Federation of Catholic Families in Europe (FAFCE), had alleged violation of Article 11 of the European Social Charter(hereinafter Charter) on the ground that the government of Sweden (hereinafter respondent) had failed to enact legislation or insufficient/poorly implement legislation governing the practice of conscientious objection by health care providers, which had led to discrimination …Read more

Tags: Freedom from Discrimination, freedom of religion, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Occupational health, Right to Enjoyment of Favorable Working Conditions, Right to Health, Sexual and reproductive health
Download Judgment: English

Mashisane v The State

Country: South Africa
Year: 2014
Court: High Court of South Africa, North Gauteng Division, Pretoria
Citation: [2014] ZAGPPHC 1014
Facts:

The appellant was found guilty of rape of a two-year-old girl by the Malamulele regional court under section 11(2) of the criminal procedure Act based on his guilty plea and statement. He was subsequently sentenced on 05 September 2013 to 5 (five) years’ imprisonment, 2 (two) years of which are suspended for 5 (five) years …Read more

Tags: Health information, Mental health, Right to Due Process/Fair Trial
Download Judgment: English

Netcare Hospitals (Pty) Ltd v. KPMG Services (Pty) Ltd and Another

Country: South Africa
Year: 2014
Court: THE HIGH COURT OF SOUTH AFRICA - GAUTENG DIVISION, JOHANNESBURG
Citation: CASE NO: 47505/2013
Health Topics: Health information
Human Rights: Right of access to information
Facts:

Netcare approached the High Court in order to protect its confidential information from being disclosed by KPMG to the Competition Commission. The Commission had launched a market inquiry into the private health sector and had employed KPMG as a consultant for this purpose. Netcare alleged that KPMG had a conflict of interest because it was …Read more

Tags: access to information, Health information
Download Judgment: English

International Federation for Human Rights (FIDH) v. Greece

Country: Greece
Year: 2013
Court: European Committee of Social Rights
Citation: Complaint No. 72/2011
Facts:

The Complainant, International Federation for Human Rights Leagues, filed a complaint against Greece, alleging violation of Article 11 of the European Social Charter which guarantees protection to the right to health, in its failure to eliminate or reduce the harmful effects of pollution in the River Asopos caused by the discharge of industrial waste, which …Read more

Tags: Environmental health, Health information, Right to Health, sanitation and hygiene, Water
Download Judgment: English
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