168 judgments found.

Nedescu v. Romania

Country: Romania
Year: 2018
Court: The European Court of Human Rights
Citation: Application No. 70035/10
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Facts:

The applicants are husband and wife and wanted to try assisted reproduction at a private clinic. The applicant’s embryos were obtained and freezed for future use by the applicant. A criminal investigation led to the closure of the said clinic. During that process, all genetic material including the applicant’s embryos were transferred to a forensic …Read more

Tags: Assisted reproductive technology, Clinics, Examination, Health care professionals, Health care techn, Health care workers, Health facilities, In vitro fertilization, Infertility, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government v. DZ obo WZ

Country: South Africa
Year: 2017
Court: Constitutional Court of South Africa
Citation: 2017 (12) BCLR 1528 (CC)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The respondent – DZ in this case gave birth to WZ. Due to prolonged labour, DZ suffered from asphyxation, which led to cerebral palsy. WZ brought an action for damages on behald of DZ on the account of negligence of the hopsital staff. The Medical of the Executive Council (MEC) for health admitted negligence on …Read more

Tags: Access to health care, Access to treatment, Childbirth, Children, Damages, Duty of care, Health facilities, Inadequate treatment, Infant, Infant health, Maternal health, Minor, Negligence, Neurological diseases, Pediatric health, Pregnancy, Public hospitals, Remedies, Standard of care
Download Judgment: English

Paradiso and Campanelli v. Italy

Country: Italy
Year: 2017
Court: The European Court of Human Rights
Citation: ECHR 034 (2017)
Health Topics: Child and adolescent health, Health care and health services, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Facts:

The applicants are husband (Campanelli) and wife (Paradiso). After unsuccessful attempts at having a child, they registered themselves as prospective adoptive parents and obtained court approval to adopt a foreign child. Due to delays in the adoption, the applicants decided to resort to surrogacy arrangements. A surrogate mother was found in Russia and the applicants …Read more

Tags: Assisted reproductive technology, Child, Children, Clinics, Health facilities, In vitro fertilization, Minor, Pregnancy, Private hospitals
Download Judgment: English

The Center for Health, Human Rights and Development & Ors. v. The Executive Director, Mulago National Referal Hospital & Anr.

Country: Uganda
Year: 2017
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 212 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to family life, Right to health
Facts:

The 2nd and 3rd plaintiffs are husband and the wife. The 2nd plaintiff delivered two babies in the defendant hospital’s general ward but was discharged with only one baby. The defendants state that one of the babies was stillborn. The 2nd and the 3rd plaintiffs filed a police report for the loss their baby and …Read more

Tags: Awareness, Caesarean, Child mortality, Childbirth, Children, Clinics, Disclosure, Emergency care, Freedom of information, Health care technology, Health data, Health facilities, Infant health, Infant mortality, Maternal health, Medical records, Minor, Non-disclosure, Pediatric health, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Burns v. Cline, Oklahoma Commissioner of Health

Country: United States
Year: 2016
Court: The Supreme Court of the State of Oklahoma
Citation: 2016 OK 99
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to privacy
Facts:

The plaintiffs challenges several sections under the Oklahoma Code stating that it imposed unreasonable restrictions on abortion providers and therefore was in violation of the Oklahoma constitution. Amongst the measure the plaintiffs challenged, one of the sections allowed warrantless searches of abortion clinics. Other sections imposed strict requirements such as preserving tissue in case the …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Childbirth, Clinics, Health care technology, Health facilities, Maternal health, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Case of Dubská and Krejzová v. The Czech Republic

Country: Czech Republic
Year: 2016
Court: The European Court of Human Rights
Citation: Applications nos. 28859/11 and 28473/12
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to health, Right to privacy
Facts:

Ms. Šárka Dubská and Ms. Alexandra Krejzová brought an action against the Czech Republic, claiming that Czech legislation violated the right to private life provided by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms by effectively prohibiting health professionals, including midwifes, from assisting in home births. Czech legislation required …Read more

Tags: Access to health care, Childbirth, Health regulation, Maternal health, Midwifery, Pregnancy
Download Judgment: English

Devika Biswas v. Union of India

Country: India
Year: 2016
Court: The Supreme Court of India
Citation: (2016) 10 SCC 726
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health
Facts:

The petitioner in the present case claimed that a sterilization camp managed by an NGO in Bihar was conducting sterilization without following any proper protocol. More than 50 women had undergone sterilization at the camp without being provided any kind of counseling and information about the procedure. The procedure of the sterilization was highly unsanitary; …Read more

Tags: Access to treatment, Clinics, Compulsory sterilization, Counseling, Family planning, Forced sterilization, Health facilities, Informed choice, Mandatory treatment, Maternal health, Negligence, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
Download Judgment: English

Writ Of Habeas Corpus 124.306 Rio De Janeiro STATE

Country: Brazil
Year: 2016
Court: Supreme Federal Court of Brazil
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The writ of Habeas Corpus was brought for the release of the defendants who were arrested for providing illegal abortion services through their clinic with the consent of the women. The Criminal District Court released the defendants but allowed the appeal of the Public Prosecutor for a pre-trial detention. The decision was based on the …Read more

Tags: Abortion, Access to health care, Access to treatment, Birth control, Childbirth, Clinics, Contraception, Contraceptives, Custody, Detainee, Detention, Family planning, Health facilities, Late-term abortion, Maternal health, Pregnancy, Private hospitals, Termination of pregnancy, Therapeutic abortion
Download Judgment: English Portuguese

Asiye Genç v. Turkey

Country: Turkey
Year: 2015
Court: The European Court of Human Rights
Citation: ECHR 027 (2015)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

The applicant gave birth by Caesarean section to a premature boy in a public hospital. The baby had breathing difficulties. There were no suitable neonatal wards in the hospital and therefore the doctors decided to move the baby to another public hospital, which was more than 100 kilometers away. The latter public hospital stated that …Read more

Tags: Access to health care, Access to treatment, Caesarean, Child mortality, Childbirth, Children, Clinics, Emergency care, Health facilities, Infant health, Infant mortality, Lung disease, Minor, Negligence, Pediatric health, Pregnancy, Primary care, Public hospitals, Pulmonary diseases, Respiratory diseases
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Centre for Health, Human Rights and Development (CEHURD) & 3 Others v. Attorney General

Country: Uganda
Year: 2015
Court: Supreme Court
Citation: Constitutional Appeal No. 1 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

This case was filed by the families of two women who died during childbirth and the Centre for Health, Human Rights and Development (CEHURD). They argued that inadequate resources for maternal health violated the right to health under Objectives XIV (b) XX, XV and Article 8A of the Ugandan Constitution, the right to life under …Read more

Tags: Access to health care, Access to treatment, Budget, Childbirth, Clinics, Emergency care, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health regulation, Health spending, Indigent, Infant health, Infant mortality, Low income, Maternal health, Maternal mortality, Midwifery, Poor, Pregnancy, Public hospitals, Underprivileged
Download Judgment: English