Kerojärvi v. Finland
Country: FinlandYear: 1995
Court: European Court of Human Rights
Citation: App. No. 17506/90, 32 Eur. H.R. Rep. 8 (2001).
Health Topics: Disabilities, Health systems and financing, Occupational health
Human Rights: Right of access to information, Right to due process/fair trial
The applicant was a Finnish national who had retired from the military after receiving a shrapnel wound in his back during his service in the wars between Finland and the Soviet Union. Although the State Office for Accident Compensation (Compensation Office) acknowledged that the shrapnel wound was a “military injury” for purposes of compensation under …Read more
Department of Health & Community Services v JWB & SMB (“Marion’s Case”)
Country: AustraliaYear: 1992
Court: High Court
Citation: (1992) 175 CLR 218; [1992] HCA 15
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
“Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more
Rogers v. Whitaker
Country: AustraliaYear: 1992
Court: High Court
Citation: (1992) 175 CLR 479; [1992] HCA 58
Health Topics: Disabilities, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity
Appellant doctor appealed an award of $808,564.38 to respondent patient. Appellant doctor had operated on the right eye of respondent patient in an attempt to improve its appearance and restore some sight as respondent patient’s right eye had been sightless from a previous injury. The lower court had found that appellant doctor had operated with …Read more
Alexander v. Choate
Country: United StatesYear: 1985
Court: Supreme Court
Citation: 469 U.S. 287 (1985)
Health Topics: Disabilities, Health care and health services, Health systems and financing, Mental health, Poverty
Human Rights: Freedom from discrimination, Right to social security
In response to increasing projected state Medicaid costs, the directors of the Tennessee Medicaid program decided to implement a number of cost saving measures. Among these measures was a proposed reduction in the number of annual days of inpatient hospital care covered by the program from 20 to 14 days per fiscal year. Respondents, Tennessee …Read more
Schweiker v. Hogan
Country: United StatesYear: 1982
Court: Supreme Court
Citation: 457 U.S. 569 (1982)
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from discrimination, Right to social security
The Respondents brought this suit challenging the constitutional validity of § 1903(f) of the Social Security Act (the Act); they claimed it violated the equal protection component of the Fifth Amendment. Under the Medicaid program, States were required to provide Medicaid coverage to certain individuals described as the “categorically needy” and, at their discretion, could …Read more
X. v. Ireland
Country: IrelandYear: 1976
Court: European Commission on Human Rights
Citation: Application No. 6839/74
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
The applicant argued that the refusal of the authorities to give her disabled daughter a medical card constituted a breach of her daughter’s right to life guaranteed by Article 2 (right to life) of the European Convention of Human Rights (“the Convention”). The applicant’s daughter suffered from a serious deformation of the larynx, which prevented …Read more
Richardson v. Redpath Brown and Co. Ltd.
Country: United KingdomYear: 1944
Court: House of Lords
Citation: [1944] 1 All ER 110
Health Topics: Disabilities, Health care and health services, Occupational health
Human Rights: Right to bodily integrity, Right to due process/fair trial
The employer of an injured steel erector sued its employee, seeking an injunction that would require the employee to undergo radical surgery to obtain relief from a hernia. The hernia, which arose out of and in the course of the employee’s designated work, rendered the employee incapable of performing key work functions. As per the …Read more