116 judgments found.

Christian Lawyers’ Association v. Minister of Health

Country: South Africa
Year: 2004
Court: High Court - Transvaal Provincial Division
Citation: 2004 (10) BCLR 1086 (T)
Health Topics: Child and adolescent health, Informed consent, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to health, Right to liberty and security of person, Right to privacy
Facts:

Christian Lawyers’ Association (“plaintiff”) submitted an action seeking to find unconstitutional sections of the Choice on Termination of pregnancy Act 92 of 1996 (“the Act”). The sections enabled women under the age of 18 to terminate their pregnancy without restrictions such as parental consent, parental consultation, required counselling, or a waiting period (collectively called “parental …Read more

Tags: Abortion, Children, Criminalization, Health care professionals, Health care workers, Informed choice, Minor, Parental consent, Parental notification, Pregnancy, Termination of pregnancy
Download Judgment: English

Glass v. The United Kingdom

Country: United Kingdom
Year: 2004
Court: European Court of Human Rights
Citation: Glass v. U.K., App. No. 61827/00, 39 Eur. H.R. Rep. 15 (2004).
Health Topics: Child and adolescent health, Disabilities, Health systems and financing, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to family life, Right to privacy
Facts:

Applicants, a severely handicapped child and his mother (and legal proxy) Ms. Glass, claimed an Article 8 violation (right to respect for private life) when Ms. Glass’ objection to a course of medical treatment was overruled by the medical staff. As a legal proxy, the mother gave authorization to the doctors at St Mary’s Hospital …Read more

Tags: Children, Disabled, Emergency care, Handicapped, Informed choice, Mental competence, Mental disability, Minor, Non-consensual testing and treatment, Patient choice, Pediatric health, Physically challenged
Download Judgment: English Slovenian

Harvey v. PD 

Country: Australia
Year: 2004
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 639;[2004] NSWCA 97 
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

The Respondent, PD, was a patient of the Alpha Medical Centre (the Centre) from October 1997 until February 1999. On 16 November 1998, she participated in a joint medical consultation with her husband-to-be, FH. The Appellants, Dr. Harvey and Dr. Chen, were their treating physicians. The couple met with Dr. Harvey for the purpose of …Read more

Tags: AIDS, Compensation, Confidentiality, Damages, Disclosure, Duty of care, Health information, Hepatitis, HIV, HIV positive, HIV status, Informed choice, Negligence, Non-disclosure, Patient choice, People living with HIV/AIDS, PLHIV, Remedies, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Tort, Transmission
Download Judgment: English

Case 22/2003 (IV.28)

Country: Hungary
Year: 2003
Court: Constitutional Court
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life
Facts:

The Court of Hungary received several petitions regarding the right of patients suffering from terminal illnesses to end their lives with dignity and consolidated the petitions into a single judgment. One petition asked the Court to declare unconstitutional and annul the last sentence in Section 43, paragraph (2) of Act II of 1972 on Healthcare. …Read more

Tags: Awareness, Disclosure, Duty of care, Forced treatment, Health care professionals, Health care workers, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Palliative care, Patient choice, Unauthorized treatment
Download Judgment: English

Diau v. Botswana Building Society

Country: Botswana
Year: 2003
Court: Industrial Court
Citation: Case No. IC 50/2003
Health Topics: HIV/AIDS, Informed consent
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to work
Facts:

D was offered employment by B, a building society, as a security officer, subjecting her to undergoing and passing a full medical examination, including submission of certified documentation as to her HIV status. D began a six month probationary period which finished on 27 August 2002. After some reflection D informed B on 7 October …Read more

Tags: Compulsory examination, Compulsory testing, Employment, Forced examination, HIV, HIV status, Humiliating treatment, Informed choice, Mandatory examination, Mandatory testing, Non-consensual testing and treatment
Download Judgment: English

Irvin and Johnson Ltd. v. Trawler and Line Fishing Union, et al.

Country: South Africa
Year: 2003
Court: Labour Court of South Africa
Citation: (4) BLLR 379 (SALC)
Health Topics: Health care and health services, Health information, HIV/AIDS, Informed consent, Occupational health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Applicant, Irvin and Johnson Limited, wished to arrange for the voluntary and anonymous HIV testing of the more than 1,100 employees in its trawling division. The testing was to be based on the principle of informed consent and accompanied by pre- and post-test counselling. However, the age and job category of the tested employee …Read more

Tags: AIDS, Compulsory testing, Confidentiality, Counseling, Health education, Health promotion, HIV, HIV status, Informed choice, Involuntary testing, Mandatory testing, Most-at-risk, Non-consensual testing and treatment, People living with HIV/AIDS, PLHIV, Testing
Download Judgment: English

Sell v. United States

Country: United States
Year: 2003
Court: Supreme Court
Citation: 539 U.S. 166 (2003)
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person
Facts:

Petitioner, Sell, had a long history of mental illness. In 1998, a federal grand jury issued an indictment charging Sell with attempting to murder an FBI agent who had arrested him in connection with a separate charge of mail fraud and a former employee who planned to testify against him in the upcoming fraud case. …Read more

Tags: Compulsory treatment, Forced treatment, Incompetence, Informed choice, Inmate, Insanity, Involuntary treatment, Mental competence, Mental disability, Mental disorder, Non-consensual testing and treatment, Patient choice, Psychiatry
Download Judgment: English

Y.F. v. Turkey

Country: Turkey
Year: 2003
Court: European Court of Human Rights
Citation: Application No. 24209/94; (2003) 39 EHRR 715; [2003] ECHR 391
Health Topics: Informed consent, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to privacy
Facts:

YF was a Turkish national. On 15 October 1993, he was taken into custody on suspicion of aiding and abetting the Kurdish Workers Party (PKK), an illegal terrorist organization. Two days later, his wife, NF, was also taken into custody. NF was held in custody for four days, during which time she was allegedly kept …Read more

Tags: Abuse, Compulsory examination, Custody, Degrading treatment, Detainee, Detention, Forced examination, Humiliating treatment, Informed choice, Involuntary examination, Law enforcement, Mandatory examination, Patient choice, Police, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Torture, Violence against women
Download Judgment: English French Turkish

Zheng Xuefeng and Chen Guoqing v . People’ s Hospital of Jiangsu Province [郑雪峰、陈国青诉江苏省人民医院医疗服务合同纠纷案)]

Country: China
Year: 2003
Court: Intermediate People’s Court of Nanjing City [中华人民共和国江苏省南京市中级人民法院]
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The Plaintiffs Zhen Xuefeng and Chen Guoqing were a married couple seeking a fertility treatment. They signed a contract regarding such assisted reproduction with defendant People’s hospital of Jiangsu Province (“People’s hospital”). The contract did not specify which of two fertilization techniques (Intra-Cytoplasmic Sperm Injection (“ICSI”) or In Vitro Fertilization (“IVF”)) would be used, however …Read more

Tags: Assisted reproductive technology, Compensation, Damages, Emergency care, Fertility, Health care technology, In utero fertilization, In vitro fertilization, Inappropriate treatment, Infertility, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Public hospitals, Remedies, Unauthorized treatment
Download Judgment: English Chinese

Joy Mining Machinery v. NUMSA

Country: South Africa
Year: 2002
Court: Labour Court of South Africa
Citation: Case No: J 158/02; [2002] ZALC 7
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Informed consent, Occupational health
Human Rights: Freedom from discrimination
Facts:

The Applicant, Joy Mining Machinery, was a manufacturer, supplier and service provider of mining machinery. The Applicant had attempted to determine the extent of HIV prevalence at its workplace by commissioning a study of HIV prevalence based on the demographic groups at the workplace. As this was ultimately unhelpful, the Applicant wished to determine the …Read more

Tags: AIDS, Awareness, Clinics, Confidentiality, Counseling, Health care workers, Health education, HIV, HIV status, Informed choice, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing
Download Judgment: English
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