Case 00-14564

Country: France
Year: 2001
Court: Cour de cassation [Court of Cassation]
Citation: Cass. civ I, n°00-14564, 9 October 2001
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to health
Facts:

A doctor, Y, was treating Mrs. X during her pregnancy. Y suspected a breech presentation (buttocks- or feet-first presentation rather than the normal head-first presentation) during the 8th month of pregnancy. The mother wanted a home birth. On 12 January, the child was born in a home birth and as a result of inadequate medical …Read more

Tags: Awareness, Caesarean, Child development, Children, Disabled, Emergency care, Handicapped, Health care technology, Inadequate treatment, Inappropriate treatment, Informed choice, Minor, Non-evidence based treatment, Patient choice, Pediatric health, Standard of care
Download Judgment: French

In re C (a child)

Country: United Kingdom
Year: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 3007
Health Topics: Child and adolescent health, HIV/AIDS, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

C’s mother was HIV infected. C, who was born in April 1999 was breastfed by her mother despite concern that this increased C’s potential to become infected by HIV if she was not already HIV positive. The local authority sought a direction for a blood test to be carried out to test C’s HIV status …Read more

Tags: AIDS, Breast feeding, Child development, Children, Compulsory testing, HIV, HIV positive, HIV status, Infant health, Involuntary testing, Mandatory testing, Minor, Most-at-risk, Non-consensual testing and treatment, Non-evidence based treatment, Parental consent, Pediatric health, People living with HIV/AIDS, PLHIV, Transmission
Download Judgment: English

Burnett v. Mental Health Tribunal

Country: Australia
Year: 1997
Court: Supreme Court of Australian Capital Territory
Citation: [1997] ACTSC 310
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

This case involved a challenge to a decision of the Australian Capital Territory (ACT) Mental Health Tribunal. The ACT Supreme Court set aside an order to detain and administer psychiatric treatment to Geraldine Patricia Burnett, a 38 year old woman who suffered from a mild psychotic disorder. Burnett had at various times been taken into …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory treatment, Forced treatment, Incapacity, Incompetence, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory confinement, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Non-evidence based treatment, Paranoia, Psychiatry, Psychology
Download Judgment: English
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