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190 judgments found.

Case T-388/09

Country: Colombia
Year: 2009
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Octava de Revisión mayo 28, 2009, M.P.: Humberto Antonio Sierra Porto, Sentencia T-388/09 (Colom.).
Health Topics: Health care and health services, Health systems and financing, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

The petitioner, a Colombian national, filed a tutela (an appeal for legal protection) on behalf of his partner who was 19 weeks pregnant. The petitioner’s partner underwent examination and discovered that the fetus exhibited serious malformations that made the fetus unviable. Despite the advice of a board of specialists to terminate the pregnancy, the local health …Read more

Tags: Abortion, Access to health care, Access to treatment, Clinics, Conscientious objection, Criminalization, Family planning, Health care professionals, Health expenditures, Health facilities, Health funding, Health insurance, Out-of-pocket expenditures, Pregnancy, Private hospitals, Public hospitals, Subsidies, Termination of pregnancy, Unsafe abortion
Download Judgment: Spanish

Case АДМ-7-230/09

Country: Russia
Year: 2009
Court: Regional Court of Perm
Citation: Case No. АДМ-7-230/09
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Medicines
Facts:

The state healthcare institution (“SHI”) appealed the imposition of an administrative fine of 10,000 rubles which had been imposed on it for a violation of Paragraph 3 Article 19.20 of the Code of Administrative Offences of the Russian Federation (“CAO RF”), which prohibited conducting activities in violation of the relevant license (here, licenses related to …Read more

Tags: Drug safety, Health care technology, Health facilities, Health regulation, Public hospitals
Download Judgment: English Russian

K.H. and Others v. Slovakia

Country: Slovakia
Year: 2009
Court: European Court of Human Rights
Citation: App. No. 32881/04, 49 Eur. Ct. H.R. 34 (2009).
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life
Facts:

The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more

Tags: Caesarean, Compulsory sterilization, Compulsory treatment, Disclosure, Family planning, Fertility, Forced sterilization, Forced treatment, Freedom of information, Health care professionals, Health care workers, Health data, Health records, Health regulation, Inappropriate treatment, Indigent, Infertility, Informed choice, Involuntary treatment, Low income, Mandatory sterilization, Maternal health, Medical records, Non-consensual testing and treatment, Non-disclosure, Patient choice, Poor, Pregnancy, Public hospitals, Secrecy, Sterilization, Tort, Unauthorized treatment, Underprivileged
Download Judgment: English

National Centre of Tuberculosis and Lung Diseases, et al. v. M. O-shvili

Country: Georgia
Year: 2009
Court: Supreme Court
Citation: Case No. as-771-986-08
Health Topics: Chronic and noncommunicable diseases, Health information, Infectious diseases, Medical malpractice
Human Rights: Right of access to information
Facts:

The Plaintiff had a number of medical procedures related to urological problems and tuberculosis over the course of several years at Tbilisi State Medical University Clinic. The Plaintiff alleged that the medical institution had been obligated to provide him with information about the diagnosis and necessary anti-tuberculosis treatment, and its failure to do so had …Read more

Tags: Compensation, Damages, Disclosure, Inadequate treatment, Kidney disease, Non-disclosure, Notification, Public hospitals, Remedies, TB, Tuberculosis
Download Judgment: English Georgian

Paladi v. Moldova

Country: Moldova
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 39806/05; (2008) 47 EHRR 15
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Hospitals, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

The applicant, a Moldovan national, complained that the Republic of Moldova violated his rights under Articles 3, 5, and 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) by detaining him without a lawful basis and failing to provide proper medical care. Detention: The applicant was a deputy mayor …Read more

Tags: Access to health care, Access to treatment, Custody, Degrading treatment, Detainee, Detention, Diabetes, Diagnostics, Emergency care, Examination, Inhuman treatment, Neurological diseases, Noncommunicable diseases, Public hospitals
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R(N) (on the application of) v. Secretary of State for Health, et al.

Country: United Kingdom
Year: 2009
Court: Supreme Court of Judicature Court of Appeal (Civil Division)
Citation: [2009] EWCA Civ 795; Case No: C1/2008/1307
Health Topics: Health systems and financing, Hospitals, Tobacco
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The appellants challenged a ban on smoking at the Rampton Hospital. The smoking ban was introduced because of a policy by Nottinghampshire Health Care NHS Trust (the Trust), which banned smoking in and outside of the hospital. The Smoke-Free (Exemption & Vehicles) Regulations 2007 (the Exemption Regulation) allowed the prohibition of smoking inside, but did …Read more

Tags: Health facilities, Health regulation, Passive smoking, Public hospitals, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

Richard Conrad Solorzano Contreras v. Guatemala

Country: Guatemala
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 103/09, Petition 581-03, October 29, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Health care and health services, Hospitals, Medical malpractice, Violence
Human Rights: Right to due process/fair trial, Right to health
Facts:

Richard Solórzano Contreras was stabbed in the neck near his home in Guatemala from where his brother rushed him to the state hospital. Solórzano Contreras’s father, the petitioner, alleged that at the hospital the doctor and nurses did not perform any operations to try to save his son’s life. Rather, they “merely cleaned the wound, …Read more

Tags: Access to treatment, Assault, Emergency care, Inadequate treatment, Inappropriate treatment, Law enforcement, Police, Public hospitals
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S v. Procureur Général

Country: Switzerland
Year: 2009
Court: Court of Justice, Penal Division [Cour de Justice, Chambre pénale]
Citation: Switzerland
Health Topics: HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
Facts:

The Petitioner, S, was a man living with HIV. He was aware that he was HIV-positive since 1998 and had been undergoing treatment since then. In 2006, he began combination antiretroviral therapy. The Petitioner’s viral load had been undetectable since 2008 and he was not suffering from any other infections. The Petitioner’s doctors had assured …Read more

Tags: AIDS, Antiretrovirals, ARVs, Condoms, Contraceptives, Health care professionals, Health care workers, HIV, HIV positive, People living with HIV/AIDS, PLHIV, Public hospitals, Sexual assault, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English French

Te Koeti v. Otago District Health Board

Country: New Zealand
Year: 2009
Court: Human Rights Review Tribunal
Citation: [2009] NZHRRT 24
Health Topics: Health information, Hospitals, Mental health, Violence
Human Rights: Right of access to information
Facts:

. (The tribunal noted that the request should have been made under the Health Information Privacy Code 1994, but accepted that this was immaterial for the purposes of the case.)  TK made it clear that he specifically wanted all the names of the nurses who had attended him. Although accepting that these names were part …Read more

Tags: Assault, Disclosure, Freedom of information, Health care professionals, Health care workers, Health records, Medical records, Mental illness, Non-disclosure, Public hospitals, Secrecy
Download Judgment: English

Vinicio Poblete Vilches v. Chile

Country: Chile
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 13/09, Petition 339-02, March 19, 2009
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

The case concerns the death of Mr. Vinicio Antonio Poblete Vilches that took place in a public hospital in the city of Santiago. The petitioners (Mr. Vilches’ wife and sons) claimed that the physicians treating Mr. Vilches were responsible for his death. In January 2001, Mr. Vilches was brought to a public hospital in Santiago …Read more

Tags: Access to treatment, Degrading treatment, Duty of care, Inadequate treatment, Inappropriate treatment, Negligence, Public hospitals, Remedies, Unauthorized treatment
Download Judgment: English Spanish