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
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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
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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
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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
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Maria Mamerita Mestanza Chavez v. Peru

Country: Peru
Year: 2003
Court: Inter-American Commission on Human Rights
Citation: Report No. 66/00, Case 12.191, October 3, 2000; OEA/Ser./L/V/II.111, doc. 20 rev., 16 April 2001
Health Topics: Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
Facts:

A group of NGOs lodged a petition with the Commission alleging that Peru violated Maria Mamérita Mestanza Chávez’s rights on account of a forced sterilization that resulted in her death. Peru implemented a family planning policy involving compulsory and systematic sterilization in order to modify the reproductive behavior of the population. Poor, indigenous, and rural …Read more

Tags: Childbirth, Compulsory sterilization, Compulsory treatment, Forced sterilization, Forced treatment, Inadequate treatment, Indigenous groups, Indigent, Infertility, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Mandatory treatment, Maternal health, Maternal mortality, Negligence, Non-consensual testing and treatment, Poor, Pregnancy, Sterilization, Unauthorized treatment
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Re BWV, ex parte Gardner

Country: Australia
Year: 2003
Court: Supreme Court of Victoria
Citation: (2003) 7 VR 487
Health Topics: Aging, Chronic and noncommunicable diseases, Controlled substances, Diet and nutrition, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to life
Facts:

This case was brought by the Public Advocate of Victoria as limited guardian of BWV, a woman aged 68 years, suffering from a fatal form of dementia (most likely Pick’s disease). At the time of bringing the case, BWV had not appeared conscious, nor had she had any cortical activity for approximately three years. Evidence …Read more

Tags: Aged persons, Elderly, Food, Forced treatment, Incompetence, Involuntary treatment, Long-term care, Mandatory treatment, Mental competence, Neurological diseases, Non-consensual testing and treatment, Older persons, Palliative care, Patient choice, Senior citizens
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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
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Starson v. Swayze

Country: Canada
Year: 2003
Court: Supreme Court
Citation: (2001) 201 D.L.R. (4th) 123, 146 O.A.C. 121, 33 Admin. L.R. (3d) 315
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity
Facts:

The respondent Starson was a physicist who was diagnosed with bipolar disorder and had intermittently received treatment in various mental institutions in the United States and Canada. Historically, he had used medication to regulate the condition. However, the side effects dulled Starson’s mind, and he refused further treatment, despite being informed his condition would deteriorate …Read more

Tags: Bipolar, Compulsory treatment, Diagnostics, Examination, Forced treatment, Incapacity, Involuntary treatment, Mandatory treatment, Mental competence, Mental illness, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

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
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