74 judgments found.

Miguel Castro-Castro Prison v. Peru

Country: Peru
Year: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R., Judgment, Inter-Am. Ct. H.R. (ser. C) No. 160 (Nov. 25, 2006).
Health Topics: Diet and nutrition, Disasters and emergencies, Health care and health services, Health information, Hospitals, Infectious diseases, Medicines, Mental health, Prisons, Sexual and reproductive health, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to privacy
Facts:

During the conflict between armed groups and government forces that lasted from the 1980s until 2000, the government of Alberto Fujimori issued a law decree on April 6, 1992, ordering “the reorganization of the National Penitentiary Institute (INPE) and put[ting] the National Police of Peru in charge of the control of security at the penitentiaries.” …Read more

Tags: Abuse, Access to drugs, Access to medicines, Access to treatment, Armed conflict, Assault, Childbirth, Clean water, Cleanliness, Compulsory examination, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Dehydration, Detainee, Detention, Diet, Drinking water, Emergency care, Execution, Forced examination, Health records, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Involuntary examination, Jail, Law enforcement, Maternal health, Medical records, Military, Militias, Police, Pregnancy, Prison conditions, Rape, Safe drinking water, Sexual abuse, Sexual assault, Sexual violence, Solitary confinement, TB, Torture, Tuberculosis, Violence against women
Download Judgment: English

Royal Women’s Hospital v. Medical Practitioners Board of Victoria

Country: Australia
Year: 2006
Court: Supreme Court of Victoria
Citation: (2006) 15 VR 22; [2006] VSCA 85
Health Topics: Disabilities, Health information, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to privacy
Facts:

In January 2000, Mrs. X went to the Royal Women’s Hospital (“the Hospital”). She was 32 weeks pregnant, and, after a multiple ultrasounds, it was confirmed that her baby had skeletal dysplasia (“dwarfism”). In February, a fetal reduction procedure was done and the baby was born by stillbirth. After termination, the fetus was found to …Read more

Tags: Abortion, Confidentiality, Depression, Disclosure, Freedom of information, Handicapped, Health care professionals, Health care workers, Health records, Maternal health, Medical records, Misdiagnosis, Non-disclosure, Pregnancy, Public hospitals, Secrecy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Case 270234

Country: France
Year: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°270234, 26 September 2005
Health Topics: Health information
Human Rights: Right of access to information, Right to privacy
Facts:

The petitioners brought this challenge to a decision of the French Minister of Health and Social Welfare and to a decree legislating the patient’s right to access his/her health information held by health professionals or facility and her/his right to use the help of a mandated third person to access such information. The petitioners requested the …Read more

Tags: Confidentiality, Disclosure, Health facilities, Health information, Health records, Medical records, Non-disclosure
Download Judgment: English French

Case 43/2005 (XI. 14)

Country: Hungary
Year: 2005
Court: Constitutional Court
Health Topics: Aging, Health information, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to privacy
Facts:

The case involved two petitions that required the Constitutional Court to examine certain elements that imposed regulations on sterilization. The first petitioner challenged the constitutionality of the Minister of Health Decree 12/1987 (VIII. 19.) EüM on Sterilization (hereinafter “D1”), which imposed certain restrictions (related to age and number of prior blood children) on a person …Read more

Tags: Birth control, Compulsory sterilization, Confidentiality, Contraception, Contraceptives, Disclosure, Family planning, Forced sterilization, Health records, Informed choice, Involuntary sterilization, Mandatory sterilization, Maternal health, Medical records, Non-disclosure, Notification, Patient choice, Pregnancy, Secrecy, Spousal consent, Spousal notification, Sterilization
Download Judgment: English

Glegg v Smith & Nephew Inc

Country: Canada
Year: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medicines, Mental health
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more

Tags: Compensation, Confidentiality, Damages, Depression, Differently abled, Disabled, Disclosure, Duty of care, Handicapped, Health care professionals, Health care workers, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Mental disorder, Mental illness, Negligence, Non-disclosure, Physically challenged, Remedies, Secrecy, Standard of care, Tort
Download Judgment: English

Pehle v. Farm Bureau Life Insurance

Country: United States
Year: 2005
Court: 10th Circuit Court of Appeal
Citation: 397 F.3d 897 (2005)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice
Facts:

Gary and Renna Pehle (“Appellants”), husband and wife, applied for life insurance with the Farm Bureau Life Insurance Company (“Farm Bureau”) in Wyoming in 1999. As part of the application process, the Pehle’s submitted a blood test. The test was contracted to LabOne, an independent company located in Kansas. Both Appellants tested positive for Human …Read more

Tags: AIDS, Duty of care, Health records, HIV, HIV positive, HIV status, Medical records, Negligence, Sexually transmitted diseases, Testing
Download Judgment: English

Case 2004-504

Country: France
Year: 2004
Court: Conseil Constitutionnel (Constitutional Council)
Citation: Décision n° 2004-504
Health Topics: Health information, Health systems and financing
Human Rights: Right to health, Right to privacy
Facts:

In this case a number of petitioners challenged the constitutional validity of an act reforming the public health insurance system. The impugned provisions were: Article 3 of the Act inserted articles which provide for establishment provides for the establishment of a system to promote coordination, quality and continuity of care and will allow for monitoring …Read more

Tags: Health expenditures, Health insurance, Health records, Health regulation, Medical records, Out-of-pocket expenditures, Social security, Subsidies
Download Judgment: French

J.A.O. v. Homepark Caterers LTD, et al.

Country: Kenya
Year: 2004
Court: High Court at Nairobi
Citation: J.A.O v. Homepark Caterers LTD & 2 Ors., (2004) eKLR (Kenya).
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Plaintiff, J.A.O., was a woman living with HIV. The Defendants were her employer (Homepark Caterers), her doctor and hospital. The Plaintiff claimed the doctor and hospital subjected her to an HIV test without her consent, in violation of her constitutional right to privacy. She further claimed that the doctor disclosed her HIV status to her employer without …Read more

Tags: AIDS, Confidentiality, Degrading treatment, Diagnostics, Disclosure, Examination, Health care professionals, Health care workers, Health data, Health facilities, Health records, HIV, HIV positive, HIV status, Humiliating treatment, Inhuman treatment, Medical records, Non-disclosure, Notification, People living with HIV/AIDS, PLHIV, Secrecy, Testing
Download Judgment: English

Udeni Renuka Gunwardena v. Dr. Gurugue L. Wimalasiri and others

Country: Sri Lanka
Year: 2004
Court: Supreme Court
Citation: S.C. (Special) No. 69/1999
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The Petitioner, the mother of twins who gave birth after a Caesarian operation, conceived for the second time after six years. The Respondent was the Consultant Visiting Obstetrician and Gynecologist of the Kandy General Hospital. She received antenatal care at Hikkaduwa and later went to her sister’s house in Kundasale. However before visiting her sister …Read more

Tags: Access to health care, Access to treatment, Caesarean, Childbirth, Clinics, Health facilities, Health records, Maternal health, Medical records, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Guðmundsdóttir v. The State of Iceland

Country: Iceland
Year: 2003
Court: Icelandic Supreme Court
Citation: No. 151/2003
Health Topics: Health care and health services, Health information, Health systems and financing
Human Rights: Right to privacy
Facts:

The appellant, Guðmundsdóttir, wrote a letter to the Medical Director of Health, the respondent, requesting that health information in medical records of her deceased father should not be transferred to the Health Sector Database and asserted her right to do so. In particular, she did not want her father’s genealogical or genetic information to be …Read more

Tags: Confidentiality, Electronic health information, Electronic health records, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health records, Health regulation, Health spending, Medical records, Notification, Secrecy
Download Judgment: English