Case 07-41845
Country: FranceYear: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass civ I, n°07-41845, 9 July 2008. Bulletin 2008, V, n° 155
Health Topics: Occupational health
Human Rights: Freedom from discrimination, Right to health
Mrs. X was an employee of the Sochata Snecma company, which is a part of Snecma services, on the site of Saint-Quentin-en-Yvelines. Mrs X was laid off on account of a disruption of the service following numerous work stoppages. The Rambouillet employee claims court reversed her dismissal and ordered her reinstatement within the Snecma services …Read more
Draon v. France
Country: FranceYear: 2005
Court: European Court of Human Rights
Citation: Application No. 1513/03; (2006) 42 EHRR 40; [2005] ECHR 679
Health Topics: Child and adolescent health, Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property
The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Lionel and Christine Draon. AP-HP admitted liability for its negligence, and the Draons submitted an application to the Paris Administrative …Read more
Glegg v Smith & Nephew Inc
Country: CanadaYear: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medicines, Mental health
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more
Maurice v. France
Country: FranceYear: 2005
Court: European Court of Human Rights
Citation: Application No. 11810/03; (2006) 42 EHRR 42; [2005] ECHR 683
Health Topics: Child and adolescent health, Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property
The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Didier and Sylvia Maurice. Mr. and Mrs. Maurice submitted an application to the Paris Administrative Court for an assessment of …Read more
Mazibuko v. Minister of Correctional Services, et al.
Country: South AfricaYear: 2005
Court: High court of Transvaal Provincial Division
Citation: Case No: 38151 / 05; [2007] JOL 18957 (T)
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
The Applicant, Simon Musi Mazibuko, was a prisoner living with HIV. He had been convicted of murder assault with intent to do grievous bodily harm, robbery, theft, and unlawful possession of a firearm and ammunition, and sentenced to life in prison. The Applicant was suffering from several opportunistic infections, including tuberculosis, and his CD4 count …Read more
N.V. v. LLC “… Hospital”
Country: GeorgiaYear: 2005
Court: Supreme Court [საქართველოს უზენაესი სასამართლო]
Citation: Docket number #ას-33-406-05
Health Topics: Aging, Disabilities, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to health
N.V. submitted a lawsuit in Court against the respondent LLC “… Hospital” for reimbursement of pecuniary and non-pecuniary damages after multiple failed surgeries. The plaintiff alleged the resulting damages were caused by poorly done surgeries and post-surgical treatment. The plaintiff was operated on for left pelvis-hip joint total endoprosthesis. The plaintiff had three surgical operations …Read more
Archibald v. Fife Council
Country: United KingdomYear: 2004
Court: House of Lords
Citation: [2004] UKHL 32
Health Topics: Disabilities
Human Rights: Freedom from discrimination, Right to work
Susan Archibald claimed that her employer, Fife Council, had discriminated against her on the grounds of her disability under the Disability Discrimination Act 1995 (the Act). Fife Council had employed Ms. Archibald as a road sweeper since 1997. She underwent a minor surgery in April 1999, which due to a rare complication left her virtually …Read more
Canada Human Rights Commission v. M.N.R
Country: CanadaYear: 2004
Court: Federal Court
Citation: [2004] 1 FCR 679
Health Topics: Disabilities
Human Rights: Freedom from discrimination
A university student- Mr. Wignall alleged he was a victim of discrimination based on his disability (deafness) when the Department of National Revenue included a portion of the student’s federal grant in the student’s taxable income for the year. A student who suffered from a condition of deafness was required to learn sign language interpretation, …Read more
Glass v. The United Kingdom
Country: United KingdomYear: 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
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
Rees v. Darlington Memorial NHS Trust
Country: United KingdomYear: 2003
Court: House of Lords
Citation: [2003] UKHL 52
Health Topics: Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life
After conceiving as a result of a failed sterilization surgery, Karina Rees filed a claim of negligence against the Darlington Memorial NHS Trust (the Trust) to recover the costs of rearing her child. Mrs. Rees suffered from a genetic condition that had left her almost completely blind. She believed that her disability meant that raising …Read more