74 judgments found.

Barilo v. Ukraine

Country: Ukraine
Year: 2013
Court: The European Court of Human Rights
Citation: [2013] ECHR 442
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to liberty and security of person
Facts:

The Applicant Barilo, long-afflicted by diabetes mellitus and other chronic illnesses was detained by the Government of Ukraine. She alleged that she was deprived of her liberty in contravention of the European Convention on Human Rights, particularly Articles 3, 5, and 13. In June 2006, Barilo was arrested on charges instituted three days earlier by …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Degrading treatment, Detainee, Detention, Diabetes, Examination, Health facilities, Humiliating treatment, Imprisonment, Incarceration, Inhumane treatment, Noncommunicable diseases, Testing
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

Okwanda v. Minister of Health and Medical Services, et al.

Country: Kenya
Year: 2013
Court: High Court - Nairobi
Citation: Petition No. 94 of 2012
Health Topics: Aging, Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to housing, Right to social security, Right to water and sanitation
Facts:

Petitioner, an elderly retired person, was diagnosed with diabetes and Benign Hypertrophy (a life-threatening terminal disease). Petitioner claimed that that the cost of the medication was prohibitive and that he was in need of urgent medical attention. Petitioner sought assistance of the court to enforce his fundamental rights to the highest attainable standard of health …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Aged persons, Diabetes, Diet, Elderly, Food, Health spending, Hunger, Indigent, Low income, Malnutrition, Noncommunicable diseases, Older persons, Out-of-pocket expenditures, Poor, Senior citizens, Underprivileged
Download Judgment: English

Reeves v. The Queen

Country: Australia
Year: 2013
Court: High Court
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

Appellant doctor Reeves, a gynecologist, saw CDW, his patient, for treatment of a pre-cancerous lesion on her left labia minora. Reeves performed a “simple vulvectomy” which entailed the removal of CDW’s entire vulva, including her labia and clitoris. CDW filed suit, and provided evidence that she had only agreed to removal of a small flap …Read more

Tags: Cancer, Examination, Female genital mutilation, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Noncommunicable diseases, Patient choice, Unauthorized treatment
Download Judgment: English

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

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

Costa and Pavan v. Italy

Country: Italy
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 54270/10
Health Topics: Chronic and noncommunicable diseases, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Facts:

Following the birth of their first child, the applicants, Costa and Pavan, discovered that they were carriers of cystic fibrosis, a genetic disease. Their child was born with the disease. A prenatal test confirmed that their second child was also affected by cystic fibrosis. They decided to terminate the pregnancy on medical grounds. The applicants …Read more

Tags: Abortion, Assisted reproductive technology, Genetic disease, In vitro fertilization, Noncommunicable diseases, Termination of pregnancy
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

JT International SA v. Commonwealth

Country: Australia
Year: 2012
Court: High Court
Citation: [2012] HCA 43
Health Topics: Chronic and noncommunicable diseases, Health information, Tobacco
Human Rights: Right to property
Facts:

Australia’s Tobacco Plain Packaging Act 2011 (“TPP Act”) imposed restrictions on the color, shape and finish of retail packaging for tobacco products. It prohibited the use of trade marks on such packaging other than the use of a brand, business or company name for the relevant tobacco product. Preexisting regulatory requirements for health messages and …Read more

Tags: Advertising, Awareness, Health promotion, Heart disease, Lung disease, Noncommunicable diseases, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

World Lung Foundation- South Asia v. New Delhi Municipal Council

Country: India
Year: 2012
Court: High Court of Delhi at New Delhi
Citation: W.P.(C) 4579/2012 & CM No.9509/2012
Health Topics: Chronic and noncommunicable diseases, Tobacco
Human Rights: Right to a clean environment, Right to health
Facts:

The petitioner contended that restaurants in prohibition of Tobacco Act, 2003 and the Prohibition of Smoking in Public Places Rules, 2008 are running Hookah Bars. The petitioner prayed that the respondent be directed to incorporate in the license, compliance with the Tobacco Act as a condition.

Tags: Lung disease, Noncommunicable diseases, Passive smoking, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English