35 judgments found.

Yakye Axa Indigenous Community v. Paraguay

Country: Paraguay
Year: 2005
Court: Inter-American Court of Human Rights
Citation: Yakye Axa Indigenous Cmty. v. Para., Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 125 (June 17, 2005).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Medicines, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to life, Right to property
Facts:

The indigenous community of Yakye Axa, a traditional society of hunter-gatherers, was resettled as part of a development program in Paraguay started in 1979. They were displaced to lands with a natural environment and resources that were different from the Yakye Axa’s traditional territory and incompatible with their traditional means of subsistence.  They also faced …Read more

Tags: Access to health care, Access to treatment, Aged persons, Child development, Children, Clean water, Diet, Drinking water, Elderly, Food shortages, Hunger, Indigenous groups, Indigenous medicine, Indigent, Low income, Malnutrition, Minor, Older persons, Pediatric health, Poor, Potable water, Primary care, Safe drinking water, Senior citizens, Starvation, Stunting, Underprivileged
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Case 1294-2004-R

Country: Bolivia
Year: 2004
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Citation: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia], Constitutional Judgment 12/94/2004-R, August 12, 2004 (Bol.)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to health, Right to life, Right to social security
Facts:

The National Commission on Benefits of the National Health Treasury (CNS) provided free medical insurance for the elderly. Alejandro Cuba Plaza, a beneficiary of CNS, was diagnosed with “terminal chronic kidney failure” and treated with ongoing hemodialysis at Obrero Hospital. After 52 weeks of treatment, CNS ordered the Director of Obrero Hospital to transfer Plaza …Read more

Tags: Access to health care, Access to treatment, Aged persons, Budget, Elderly, Health care technology, Health funding, Health insurance, Health regulation, Health spending, Kidney disease, Long-term care, Low income, Older persons, Out-of-pocket expenditures, Poor, Private hospitals, Public hospitals, Senior citizens, Social security, Subsidies, Tertiary care
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R (on the application of Goldsmith) v. London Borough of Wandsworth

Country: United Kingdom
Year: 2004
Court: Court of Appeal, Civil Division
Citation: [2004] EWCA Div 1170
Health Topics: Aging, Hospitals
Human Rights: Right to privacy
Facts:

A local authority decided that an elderly woman, G, who had lived happily in residential care accommodation since 1996, should be moved to a nursing home. G applied to get the decision quashed, but this was refused. This case concerned her appeal of the refusal to quash the local authority’s decision. When G was moved …Read more

Tags: Aged persons, Elderly, Health facilities, Home care, Long-term care, Nursing home, Older persons, Senior citizens
Download Judgment: English

South Bucks District Council and Anr. v. Porter (FC)

Country: United Kingdom
Year: 2004
Court: House of Lords
Citation: [2004] UKHL 33
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services
Human Rights: Right to housing
Facts:

Mrs. Porter, a 62 year old Romany gypsy, lived in a mobile home on a plot of land that she purchased in 1985. Her occupation of the site was unauthorized from the beginning. The home provided the appearance of a “permanent dwelling” but was in violation of the local Council’s planning control that did not …Read more

Tags: Access to treatment, Aged persons, Asthma, Diabetes, Elderly, Forced displacement, Non-communicable diseases, Noncommunicable diseases, Older persons, Respiratory diseases, Senior citizens
Download Judgment: English

Idryma Koinonikon Asfaliseon (IKA) v. Vasilios Ioannidis

Country: Greece
Year: 2003
Court: European Court of Justice
Citation: C-326/00
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom of movement and residence, Right to social security
Facts:

During his stay in Germany, Mr. Ioannidis, a resident of Greece, was admitted to a clinic to undergo a catheterization with a heart catheter for pains in his thorax due to angina pectoris. Mr. Ioannidis had an old-age pension from the social security organization IKA. Mr. Ioannidis requested the German sickness fund to pay for …Read more

Tags: Aged persons, Elderly, Emergency care, Health funding, Health insurance, Health regulation, Heart disease, Older persons, Reimbursement, Senior citizens, Social security
Download Judgment: English

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
Download Judgment: English

R (on the application of Heather) v. Leonard Cheshire Foundation

Country: United Kingdom
Year: 2002
Court: Court of Appeal, Civil Division
Citation: [2002] 2 All ER 936; [2002] EWCA Civ 366
Health Topics: Aging
Human Rights: Right to housing
Facts:

Elizabeth Heather and Hilary Collins are patients at a home called Le Court, which is owned and run by Leonard Cheshire Foundation (hereinafter referred to as “LCF”). The majority of patients at Le Court came from local authorities’ social services departments. Trustees of LCF decided to cease to operate Le Court in its present form …Read more

Tags: Aged persons, Elderly, Home care, Long-term care, Nursing home, Older persons, Senior citizens
Download Judgment: English

Yakye Axa Indigenous Community of the Enxet-Lengua People v. Paraguay

Country: Paraguay
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Yakye Axa Indigenous Cmty. of the Enxet-Lengua People v. Para., Case 12.313, Inter-Am. Comm’n H.R., Report No. 2/02, OEA/Ser.L./V/II.117, doc. 1 rev. 1 (2003).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to property
Facts:

This case was heard by the Inter-American Court of Human Rights. Their opinion is available here. Leaders of the Yakye Axa indigenous community of the Enxet-Lengua people filed suit against the Republic of Paraguay claiming that the Paraguayan State violated Articles 4 (right to life) and 25 (judicial protection), in conjunction with Article 1(1) (obligation …Read more

Tags: Access to health care, Access to treatment, Aged persons, Child development, Children, Clean water, Diet, Drinking water, Elderly, Food shortages, Hunger, Indigenous groups, Indigenous medicine, Indigent, Low income, Malnutrition, Minor, Older persons, Pediatric health, Poor, Potable water, Primary care, Safe drinking water, Senior citizens, Starvation, Stunting, Underprivileged
Download Judgment: English

Frank Cowl and Ors. v. Plymouth City Council

Country: United Kingdom
Year: 2001
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2001] EWCA Civ 1935
Health Topics: Aging
Human Rights: Right to due process/fair trial, Right to family life, Right to housing, Right to privacy
Facts:

Residents of a residential elderly care facility sought judicial review of a decision to close the facility. Plymouth City Council (“Plymouth”), the owner and operator of several residential elderly care facilities, decided to close two of its facilities, including Granby Way, the home of the eight claimants. The claimants sought judicial review of Plymouth’s decision. …Read more

Tags: Aged persons, Elderly, Forced displacement, Long-term care, Nursing home, Older persons, Senior citizens
Download Judgment: English

Lawson v. Housing New Zealand

Country: New Zealand
Year: 1996
Court: High Court
Citation: M.538/94
Health Topics: Aging
Human Rights: Right to health, Right to housing, Right to social security
Facts:

From 1990 onwards, the government implemented a policy whereby houses formerly owned by the state were transferred to Housing New Zealand (HNZ) (the first defendant), a corporate body with strong parallels to a state-owned enterprise, and their rents were progressively increased from their former subsidised level towards market rents. The plaintiff, a tenant of HNZ, …Read more

Tags: Aged persons, Elderly, Older persons, Senior citizens
Download Judgment: English