Application of Justice Health, re a Patient
Country: AustraliaYear: 2011
Court: Supreme Court of New South Wales
Citation: (2011) 80 NSWLR 354; [2011] NSWSC 432
Health Topics: Chronic and noncommunicable diseases, Informed consent, Prisons
Human Rights: Right to bodily integrity, Right to health
An inmate in a correction centre (the “patient”) had end-stage lung cancer with, at best, weeks to live. The patient was incompetent to give consent or refuse any medical treatment and had no guardian who could provide substituted consent. The unanimous medical opinion was that further active treatment would be futile, and additional medical opinion …Read more
Case 2012/B/1991
Country: HungaryYear: 2011
Court: Constitutional Court
Health Topics: Health care and health services, Infectious diseases, Informed consent
Human Rights: Right to bodily integrity, Right to health, Right to life
The petitioner sought a declaration of the unconstitutionality and annulment of a Minister of Health Decree which required mandatory lung screening. This initial Minister of Health Decree was overruled by a Decree of the Minister of Public Welfare (the “challenged Decree”) which regulated “mandatory screening of epidemiological interest content wise”, (it was aimed at detecting cases of …Read more
Case D-358/2009
Country: BelarusYear: 2011
Court: Constitutional Court
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to education, Right to favorable working conditions, Right to food, Right to health, Right to housing, Right to social security, Right to work
Exercising its obligatory preliminary control powers, the Constitutional Court of the Republic of Belarus considered the constitutionality of the Law of the Republic of Belarus on Making Alterations and Addenda to Certain Laws of the Republic of Belarus on Social Protection of the Disabled People (the Law). The law made amendments and additions to previous …Read more
Rt 2011 s 666
Country: NorwayYear: 2011
Court: Supreme Court
Citation: Ref. HR-2011-2325-A
Health Topics: Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to liberty and security of person
On the basis of information from A’s family, A’s primary physician requested that A be hospitalized as soon as possible at the Buskerud hospital. A’s primary physician was told by the physician at Buskerud hospital that in order for compulsory admission to occur A had to have been examined by an independent doctor within the …Read more
V.C. v. Slovakia
Country: SlovakiaYear: 2011
Court: European Court of Human Rights
Citation: App. No. 18968/07, Eur. Ct. H.R. (2011).
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life, Right to privacy
The applicant, a woman of Roma origin, was sterilized at the hospital during the delivery of her second child. Prior to the Cesarean section, the medical personnel allegedly asked the applicant whether she wanted any more children. When she expressed that she did, the medical personnel allegedly told the applicant that if she got pregnant …Read more
Antunovic v. Dawson and Anr.
Country: AustraliaYear: 2010
Court: Supreme Court of Victoria
Citation: (2010) 30 VR 355; [2010] VSC 377
Health Topics: Informed consent, Mental health
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Zeljka Antunovic, 35 years of age, suffered from a mental illness for which she was treated involuntarily under a community treatment order issued pursuant to the Mental Health Act of 1986. She lived at the Northfolk Terrace Community Center Unit for some time before deciding she wished to return home to live with her mother. …Read more
JCAG 362/2010
Country: SpainYear: 2010
Court: Administrative Litigation Chamber of Granada
Health Topics: Child and adolescent health, Disasters and emergencies, Infectious diseases, Informed consent, Medicines, Public safety
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
An outbreak of measles occurred in the city of Granada, beginning on October 9, 2010, with two children in the neighborhood of Albaycín. Due to low vaccination coverage among children in the neighborhood, especially those attending the public school Colegio Público Gómez Moreno, the disease spread. By November 18th, 36 cases had been reported. In …Read more
Kingaipe and Chookole v. Attorney General
Country: ZambiaYear: 2010
Court: High Court at Livingstone
Citation: 2009/HL/86
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Informed consent
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to social security, Right to work
Petitioners Stanley Kingaipe and Charles Chookole sued the Zambian Air Force (ZAF) alleging violations of their constitutional rights to liberty, privacy, life, protection from inhuman and degrading treatment, and protection from discrimination. They also alleged violations of their rights to adequate medical and health facilities and adequate educational opportunities contained in the Directive Principles of …Read more
A.C. v. Manitoba
Country: CanadaYear: 2009
Court: Supreme Court
Citation: [2009] 2 R.C.S.; 2009 SCC 30
Health Topics: Child and adolescent health, Informed consent
Human Rights: Freedom of religion, Right to bodily integrity, Right to liberty and security of person
A.C., a child and a Jehovah’s Witness, suffered from Crohn’s disease. She had signed an advance medical affidavit containing her instructions not to be given blood under any circumstances. At the age of 14, she was admitted to hospital and refused to consent to the receipt of blood. The Director of Child and Family Services …Read more
J.S.C.H., et al. v. Mexico
Country: MexicoYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 02/09, Petitions 302-04 and 386-04, February 4, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Informed consent, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy, Right to social security, Right to work
This report addresses the admissibility of a petition that alleged Mexico failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to equal protection of the law and the right to humane treatment. J.S.C.H. and M.G.S. were discharged from the Mexican Army because of their HIV …Read more