122 judgments found.

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

Maternity Clinic Nursing Home at Pipulpati Chinsurah v. Saikat Shom

Country: India
Year: 2010
Court: National Consumer Disputes Redressal Commission
Citation: Disputes Redressal Commission (NCDRC), REVISION PETITION NO. 204 OF 2006.
Health Topics: Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Facts:

Mahua Shom went to a nursing home’s maternity clinic to deliver her child. She was admitted at 8:30 am on August 25, 1997 to a clinic belonging to the wife of Dr. S.B. Mondal, a gynecologist. Despite her emergency condition, she was not seen by physicians until 4:00 pm, when a treating doctor completed delivery …Read more

Tags: Access to health care, Childbirth, Clinics, Compensation, Damages, Eclampsia, Emergency care, Health facilities, Healthcare professionals Health care workers, Inadequate care, Inappropriate treatment, Maternal health, Maternal mortality, Negligence, Pregnancy
Download Judgment: English

N. R. F. s/ abuso sexual s/ incidente solicitud interrupción embarazo s/apelaciones

Country: Argentina
Year: 2010
Court: Criminal Court of Appeal [Cámara Primera en lo Criminal]
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health, Violence
Human Rights: Right to health
Facts:

A girl allegedly raped claimed for abortion under the art. 86 (2) of the Criminal Code of Argentina, which excluded women from criminal liability when they have been raped and they were mentally disabled.  The girl had no disabilities. The First Instance Court authorized the abortion and, fifteen minutes later, gave notice to mass media. …Read more

Tags: Abortion, Access to treatment, Criminalization, Maternal health, Minor, Pregnancy, Rape, Sexual assault, Termination of pregnancy
Download Judgment: Spanish

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
Download Judgment: English Spanish

Case 4866/2009

Country: Spain
Year: 2009
Court: Supreme Court
Citation: STS 4866/2009
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

Appeals were filed by both parties to a decision in a case involving health damages sustained by a child as a result of a delay of the mother’s cesarean during childbirth. The child in the case suffered damages when, as a result of the lack of appropriate staff on-site, there was a delay in performing …Read more

Tags: Access to treatment, Caesarean, Childbirth, Children, Compensation, Damages, Duty of care, Emergency care, Health care professionals, Health care workers, Health facilities, Inadequate treatment, Infant health, Maternal health, Minor, Negligence, Pediatric health, Pregnancy, Remedies, Standard of care, Tort
Download Judgment: English Spanish

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
Download Judgment: English Spanish

In the Matter of an Application by the Society for the Protection of Unborn Children for Judicial Review

Country: United Kingdom
Year: 2009
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2009] NIQB 92
Health Topics: Health care and health services, Health information, Informed consent, Sexual and reproductive health
Human Rights: Right to life
Facts:

The law applicable to abortion and medically induced miscarriages in Northern Ireland was a 19th century law (the Offences against the Person Act 1861), which made it a crime to procure a miscarriage. Courts had interpreted this principle to decide that if a person who procured the abortion acted in good faith for the purpose …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Conscientious objection, Health education, Informed choice, Late-term abortion, Maternal health, Miscarriage, Partial birth abortion, Patient choice, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

K.H. and Others v. Slovakia

Country: Slovakia
Year: 2009
Court: European Court of Human Rights
Citation: App. No. 32881/04, 49 Eur. Ct. H.R. 34 (2009).
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life
Facts:

The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more

Tags: Caesarean, Compulsory sterilization, Compulsory treatment, Disclosure, Family planning, Fertility, Forced sterilization, Forced treatment, Freedom of information, Health care professionals, Health care workers, Health data, Health records, Health regulation, Inappropriate treatment, Indigent, Infertility, Informed choice, Involuntary treatment, Low income, Mandatory sterilization, Maternal health, Medical records, Non-consensual testing and treatment, Non-disclosure, Patient choice, Poor, Pregnancy, Public hospitals, Secrecy, Sterilization, Tort, Unauthorized treatment, Underprivileged
Download Judgment: English

Veena Bhatia v. Department of Telecommunication, et al.

Country: India
Year: 2009
Court: Central Administrative Tribunal - Delhi
Citation: T.A. No.606/2009
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Facts:

Veena Bhatia was an employee of the respondents. In her 35th week of pregnancy, she delivered her child prematurely. The doctor performed an emergency lower segment caesarian section (LSCS) because of fetal distress and antepartum hemorrhage. A normal delivery was not an option because the baby would have died and the mother would have hemorrhaged …Read more

Tags: Access to healthcare, Caesarian, Childbirth, Emergency care, Health expenditures, Health funding, Health spending, Maternal health, Pregnancy, Reimbursement
Download Judgment: English

Case T-209/08

Country: Colombia
Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional[C.C.][Constitutional Court],Sala Novena de Revisión febrero 28, 2008, M.P.: Clara Inés Vargas Hernández, Sentencia T-209/08 (Colom.).
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right of access to information, Right to bodily integrity, Right to health, Right to liberty and security of person
Facts:

A girl, aged 13, was a victim of rape and became pregnant as a result. The girl was affiliated with the Coomeva healthcare provider company. However, the company refused to perform a legal abortion claiming conscientious objection on the part of all of its physicians. The company then referred her to the Erasmo Meoz de …Read more

Tags: Abortion, Health care professionals, Health care workers, Maternal health, Maternal mortality, Pregnancy, Rape, Sexual abuse, Sexual violence, Termination of pregnancy, Therapeutic abortion, Unsafe abortion, Violence against women
Download Judgment: English Spanish