34 judgments found.

Zorica Jovanovic v. Serbia

Country: Serbia
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 21794/08; [2013] EHCR 21794/08.
Health Topics: Child and adolescent health, Health information, Hospitals
Human Rights: Right of access to information, Right to family life
Facts:

This case is about the Serbian government’s response to the “missing babies” of the 1970s, 1980s, and 1990s. In 1983, Zorica Jovanovic gave birth to a healthy baby boy in a state-run hospital. Three days later, while still in the hospital, she was informed that he had died. She never saw him again. When she …Read more

Tags: Child mortality, Freedom of information, Health records, Infant health, Infant mortality, Medical records, Public hospitals, Secrecy
Download Judgment: English

Case of Y.Y v. Russia

Country: Russia
Year: 2012
Court: The European Court of Human Rights
Citation: Applications nos. 40378/06
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The applicant gave premature birth to twins. One of the twins died nine hours after her birth. The second twin survived after being transferred to an intensive care unit. The applicant stated that the first child would have survived too if had been promptly transferred to the Intensive Care Unit. She sent letters to the …Read more

Tags: Access to treatment, Child mortality, Childbirth, Children, Clinics, Confidentiality, Disclosure, Health facilities, Health records, Infant health, Infant mortality, Medical records, Minor, Non-disclosure, Pediatric health, Secrecy
Download Judgment: English

Center for Health Human Rights and Development (CEHURD) v. Attorney General

Country: Uganda
Year: 2012
Court: Constitutional Court
Citation: Constitutional Petition No. 16 of 2011
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

The petitioners claimed that the lack of provision of basic health maternal commodities in Government Health Facilities and the negligent, unethical behavior of health workers toward expectant mothers in those facilities resulted in violations of the Constitution of the Republic of Uganda (the “Constitution”). Specifically, the petitioners claimed violations of the right to health and …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Childbirth, Children, Cruel treatment, Degrading treatment, Essential medicines, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health spending, Humiliating treatment, Inadequate treatment, Inappropriate treatment, Indigent, Infant health, Infant mortality, Inhuman treatment, Low income, Maternal health, Maternal mortality, Midwifery, Negligence, Out-of-pocket expenditures, Pediatric health, Poor, Pregnancy, Primary care, Public hospitals, Remedies, Subsidies, Underprivileged
Download Judgment: English

Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors

Country: India
Year: 2010
Court: High Court - Delhi
Citation: [2010] INDLHC 2983
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Right to food, Right to health, Right to life
Facts:

This case deals with two petitions, Laxmi Mandal v. Deen Dayal Hari Nagar Hospital and Jaitun v. Maternity Home, MCD, Jungpura. Shanti Devi, Laxmi Mandal’s (the Petitioner) sister, died shortly after giving birth to a premature baby. This was her sixth pregnancy. The previous pregnancy ended in miscarriage. Shanti Devi was not provided with any …Read more

Tags: Children, Family planning, Infant health, Infant mortality, Malnutrition, Maternal health, Maternal mortality, Minor, Public hospitals
Download Judgment: English

Xákmok Kásek Indigenous Community v. Paraguay

Country: Paraguay
Year: 2010
Court: Inter-American Court of Human Rights
Citation: Inter-Am. Ct. H.R. (ser. C) No. 214 (Aug. 24, 2010).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Infectious diseases, Medicines, Poverty, Sexual and reproductive health, 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 life, Right to property
Facts:

Indigenous community Xákmok Kásek brought an action against the government of Paraguay before the Inter-American Commission on Human Rights for failure to meet its international responsibility of timely granting the community members’ request in 1990 for a guarantee of their right to their ancestral lands. Because the government had failed to process their request, the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Chagas, Childbirth, Children, Dehydration, Diet, Drinking water, Health insurance, Health records, Immunization, Indigenous groups, Infant health, Infant mortality, Malnutrition, Maternal health, Maternal mortality, Medical records, Minor, Potable water, Pregnancy, Stunting, Tuberculosis, Vaccination, Vaccines
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Cardona, Luisa y otros v. Summum Medicina Privada S.A.

Country: Uruguay
Year: 2009
Court: Fifth Civil Court of Appeals
Citation: Judgment No. 90/2009; IUE: 2-25422/2009
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services
Human Rights: Right to life, Right to social security
Facts:

This case involved plaintiffs (parents of a minor) who filed a writ for protection of fundamental rights (amparo action) against a private insurance company (the defendant), claiming that their infant had a right to receive a milk substitute health supplement called Neocate, financed by the private medical insurance company.  The plaintiffs waited for four months …Read more

Tags: Child mortality, Children, Diet, Food, Health insurance, Infant health, Infant mortality, Minor, Out-of-pocket expenditures, Pediatric health, Reimbursement
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Community of La Oroya v. Peru

Country: Peru
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 76/09, Petition 1473-06, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Health care and health services, Sexual and reproductive health
Human Rights: Freedom of expression, Right to a clean environment, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to privacy
Facts:

Petitioners alleged that environmental pollution from a metallurgical complex in La Oroya, Peru caused a series of violations of the rights of community members. They alleged Peru was guilty by act and omission for its failure to control the metallurgical complex; its lack of supervision of the facility’s operation; and its failure to adopt measures …Read more

Tags: Access to health care, Access to treatment, Asthma, Biohazard, Biosafety, Cancer, Child development, Child mortality, Children, Contamination, Diagnostics, Heart disease, Industrial waste, Infant health, Infant mortality, Infertility, Kidney disease, Lung disease, Maternal health, Minor, Neurological diseases, Poisoning, Pollution, Respiratory diseases, Skin disease, Toxic waste
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Case 1160

Country: Bulgaria
Year: 2008
Court: Supreme Court of Cassation
Citation: SCC. Decision No. 1160, dated December 16th, 2008 of the Supreme Court of Cassation on civil case No. 3373/2007, 3d Civil Division, Civil College
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice
Facts:

The appellants sued the defendant hospital for their son’s death; they alleged that their son died three months after his birth due to the hospital’s wrongful acts and omissions in the administration of his treatment. The Appellate Court found that medical malpractice had not been established; the child’s death was neither due to medical malpractice …Read more

Tags: Child mortality, Children, Diagnostics, Emergency care, Health facilities, Inadequate treatment, Inappropriate treatment, Infant health, Infant mortality, Minor, Negligence, Pediatric health, Tort
Download Judgment: English

Emberá-Chamí Community FGM Case

Country: Colombia
Year: 2008
Court: Juzgado Promiscuo Municipal de Pueblo Rico, Risaralda (Municipal Jurisdiction Court of Pueblo Rico, Risaralda)
Citation: Juzgado Promiscuo Municipal [Municipal Jurisdiction Court], julio 24, 2008, Radicación No. 66572-40-89-001-2008-00005-00 (Colom.).
Health Topics: Child and adolescent health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to a clean environment, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to privacy
Facts:

The Emberá-Chamí community, which is located on the Río San Juan Embera-Chamí native reservation, practices female genital mutilation. This consists of cutting and cauterizing the clitorises of newborn girls. The practice is customary for this community and appears to have two rationales: first, to prevent infidelity among adolescent girls and women, and second, to prevent, …Read more

Tags: Child development, Female genital mutilation, Indigenous groups, Infant health, Infant mortality
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Pediatric Clinic of Los Lagos v. Brazil

Country: Brazil
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 70/08, Petition 12.242, October 16, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Hospitals, Infectious diseases, Medical malpractice, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to life
Facts:

Ten children died as a result of the presumed medical negligence of the personnel at the Clínica Pediátrica da Região dos Lagos. The hospital received funds from the state via the public system of health of Brazil called Sistema Unico de Salud. The majority of children treated at the hospital were from families with “reduced …Read more

Tags: Childbirth, Children, Cleanliness, Clinics, Compensation, Damages, Duty of care, Inadequate treatment, Inappropriate treatment, Indigent, Infant health, Infant mortality, Low income, Minor, Negligence, Pediatric health, Poor, Pregnancy, Private hospitals, Remedies, Standard of care, Underprivileged
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