40 judgments found.

Oppelt v. Head, Department of Health, Provincial Administration: Western Cape

Country: South Africa
Year: 2015
Court: The Constitutional Court of South Africa
Citation: [2015] ZACC 33
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to health
Facts:

The Appellant is a 17 year old, who suffered spinal injuries during a rugby match, which left him paralysed below his neck and in a quadriplegic state. Thereafter, he received treatment at three hospitals under the responsbiliy of the respondent. At the first hospital, he arrived at around 3 pm and was attended to by …Read more

Tags: Access to health care, Access to treatment, Compensation, Damages, Duty of care, Emergency care, Health facilities, Inadequate treatment, Negligence, Neurological diseases, Public hospitals, Remedies, Secondary care, Standard of care
Download Judgment: English

Mr. X v. Argentina

Country: Argentina
Year: 2014
Court: Committee on the Rights of Persons with Disabilities
Citation: Communication No. 8/2012
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Prisons
Human Rights: Right to liberty and security of person
Facts:

This case involves a claimant that repeatedly requested house arrest due to disability, but was denied house arrest and held in a prison he claims lacks the infrastructure necessary to maintain his right to health and dignity. Claimant was being held in pretrial detention at a prison complex. With authorization of the court, he underwent …Read more

Tags: Access to health care, Access to treatment, Disabled, Emergency care, Examination, Imprisonment, Inhuman treatment, Neurological diseases, Physically challenged, Prison conditions
Download Judgment: English

Cojocaru v. British Columbia Women’s Hospital and Health Centre

Country: Canada
Year: 2013
Court: Supreme Court
Citation: 2013 SCC 30
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The plaintiff, who had previously given birth via caesarean section, was due to give birth a second time. Her obstetrician recommended a vaginal birth. During labor, Cojocaru’s uterus ruptured, which restricted oxygen supply to the baby. The scar from the previous caesarean contributed to the rupture, and an emergency caesarean section was performed. The baby …Read more

Tags: Caesarean, Child development, Childbirth, Children, Compensation, Counseling, Damages, Differently abled, Disabled, Duty of care, Emergency care, Examination, Handicapped, Health care professionals, Health care workers, Inadequate treatment, Infant health, Informed choice, Maternal health, Minor, Negligence, Neurological diseases, Noncommunicable diseases, Parental consent, Parental notification, Physically challenged, Pregnancy, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English French

Vilnes and Ors. v. Norway

Country: Norway
Year: 2013
Court: The European Court of Human Rights
Citation: Applications nos. 52806/09 and 22703/10)
Health Topics: Chronic and noncommunicable diseases, Health information, Occupational health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life, Right to life
Facts:

The applicants were five Norwegian nationals, a Swedish national and an Icelandic national. The applicants developed health problems such as obstructive lung diseases and Post Traumatic Stress Disorder (PTSD) and became disabled. This had happened as a result of their deep diving jobs. They alleged that the working conditions and compromising safety had lead to …Read more

Tags: Awareness, Confidentiality, Disclosure, Lung disease, Neurological diseases, Noncommunicable diseases, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Pulmonary diseases, Respiratory diseases, Safe working conditions, Workers' compensation
Download Judgment: English

Bures v The Czech Republic

Country: Czech Republic
Year: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1819
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Hospitals, Informed consent, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

This case concerned an application against the Czech Republic lodged with the European Court of Human Rights (ECHR) under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The applicant alleged that he was ill-treated in a sobering-up centre in violation of Article 3 of the Convention, and …Read more

Tags: Compulsory commitment, Compulsory treatment, Controlled substances, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hospitals, Informed consent, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mental disability, Mental health, Mental institution, Neurological diseases, Psychiatry, Psychology, Psychosis, Psychotropic drugs, Rehabilitation, Torture
Download Judgment: English

Case of Koch v. Germany

Country: Germany
Year: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1621
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The applicant’s late wife suffered from total sensorimotor quadriplegia. The couple requested the German Federal Institute for Drugs and Medical Devices (the “Federal Institute”) grant her authorization to obtain a lethal dose of pentobarbital of sodium so she could commit suicide. The Federal Institute refused the request on the grounds that the German Narcotics Act …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Differently abled, Disabled, Drug use, Handicapped, Harm reduction, Neurological diseases, Noncommunicable diseases, Pharmaceuticals, Physically challenged
Download Judgment: English

H.M. v. Sweden

Country: Sweden
Year: 2012
Court: Committee on the Rights of Persons with Disabilities
Citation: Communication No. 3/2011; U.N. Doc. CRPD/C/7/D/3/2011
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

The petitioner had a chronic connective tissue disorder, Ehlers-Danlos Syndrome (EDS), due to which she could no longer leave her house nor could she be transported to the hospital because of the increased risk of injury. The only type of rehabilitation available to her was hydrotherapy via an indoor pool at her house. Accordingly, the …Read more

Tags: Access to healthcare, Access to treatment, Differently abled, Disabled, Handicapped, Neurological diseases, Noncommunicable diseases, Physically challenged
Download Judgment: English

Ntsels v. Member of the Executive Council for Health, Gauteng Provincial Government

Country: South Africa
Year: 2012
Court: South Gauteng High Court, Johannesburg
Citation: CASE NO: 2009/52394
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

The plaintiff filed an action for damages against the defendant on behalf of her minor child “A” alleging that the nursing staff at the clinic failed to properly monitor the child’s fetal growth and heart beat, refer her to a hospital for ante-natal sonar tests and were negligent in providing appropriate treatment and perform a …Read more

Tags: Access to healthcare, Access to treatment, Caesarean, Child development, Childbirth, Children, Compensation, Damages, Duty of care, Emergency care, Health facilities, Inadequate treatment, Inappropriate treatment, Maternal health, Minor, Negligence, Neurological diseases, Pregnancy, Public hospitals, Remedies, Standard of care
Download Judgment: English

Case STS 31-3-2010

Country: Spain
Year: 2010
Court: Supreme Court
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Medicines
Human Rights: Right of access to information
Facts:

The child of Mr. Florentino and Mrs. Mercedes, Jesus, was diagnosed with drug-resistant epilepsy after suffering reoccurring, frequent seizures since about two years of age, which persisted in spite of numerous drugs being tried to treat it in public hospitals. Finally, in 2003, when the child was about six years old, he had surgery in …Read more

Tags: Access to treatment, Child development, Children, Epilepsy, Health care professionals, Health care workers, Inadequate treatment, Inappropriate treatment, Informed choice, Minor, Negligence, Neurological diseases, Noncommunicable diseases, Patient choice, Pediatric health, Private hospitals, Public hospitals
Download Judgment: English

Mossville Environmental Action Now v. United States

Country: United States
Year: 2010
Court: Inter-American Commission on Human Rights
Citation: Report No. 43/10, Petition 242-05, March 17, 2010
Health Topics: Chronic and noncommunicable diseases, Environmental health
Human Rights: Freedom from discrimination, Right to a clean environment, Right to family life, Right to health, Right to life, Right to property
Facts:

This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration) and the American Convention on Human Rights (the Convention), including protection of the right to health and equality before law. Mossville, Louisiana is a …Read more

Tags: Biohazard, Biosafety, Cancer, Contamination, Heart disease, Industrial waste, Lung disease, Neurological diseases, Poisoning, Pollution, Pulmonary diseases, Respiratory diseases, Skin disease, Toxic waste
Download Judgment: English Spanish
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