22 judgments found.

JOO v. Attorney General & six others

Country: Kenya
Year: 2018
Court: High Court of Kenya at Bungoma
Citation: [2018] eKLR
Facts:

The Petitioner, Josephine Majani, was a woman from a poor economic background, who was in need of maternal care. As she could not afford private medical care, she went to Bungoma County Referral Hospital, a public health care facility that ought to provide free maternal health care following a Presidential directive that was issued on …Read more

Tags: Freedom from Torture and Cruel, Health care and health services, Health information, Hospitals, Inhuman or Degrading Treatment, Medicines, Right of Access to Information, Right to Health, Sexual and reproductive health
Download Judgment: English

MP v Secretary of State for the Home Department

Country: Sri Lanka, United Kingdom
Year: 2018
Court: Court of Justice of the European Union
Citation: (2018) C-353/16
Facts:

The appellant, MP, was detained and tortured by the Sir Lankan security forces because he was a member of the Liberation Tigers of Tamil Eelam. MP subsequently moved to the United Kingdom in 2005, where he sought asylum, in 2009, on the basis that he would be at further risk of ill-treatment if he returned …Read more

Tags: Freedom from Torture and Cruel, Health care and health services, Inhuman or Degrading Treatment, Mental health, Right to Health
Download Judgment: English

PBU v Mental Health Tribunal

Country: Australia
Year: 2018
Court: Supreme Court of Victoria
Citation: [2018] VSC 564
Facts:

Both the plaintiffs were diagnosed with schizophrenia and were ordered to undergo compulsory electroconvulsive treatment (ECT). The case arose from the plaintiffs’ appeal of the Victorian Civil and Administrative Tribunal’s (VCAT) order that they are administered ECT. VCAT made this decision pursuant to its findings that both individual plaintiffs lacked the capacity to give informed …Read more

Tags: Disabilities, Freedom from Discrimination, Health care and health services, Health information, Informed consent, Medical malpractice, Mental health, Right to bodily integrity, Right to Health, Right to Privacy
Download Judgment: English

Transgender Europe and ILGA-Europe v. the Czech Republic

Country: Czech Republic
Year: 2018
Court: European Committee of Social Rights
Citation: Complaint No. 117/2015
Facts:

Transgender Europe and ILGA-Europe, the petitioners, filed a complaint before the European Committee of Social Rights (hereinafter “the Committee”). The plaintiffs alleged before the Committee that the situation in the Czech Republic was in breach of art.11 either alone or in light of the non-discrimination clause of the Preamble to the 1961 European Social Charter …Read more

Tags: Freedom from Discrimination, Health care and health services, Informed consent, Right to bodily integrity, Right to Health, Sexual and reproductive health
Download Judgment: English

Mwewa et al. v Zambia (Attorney General) et al.

Country: Zambia
Year: 2017
Court: High Court of Zambia
Citation: [2017] ZMHC 77
Facts:

The petitioners, Gordon Maddox Mwewa, Mulima Santa Kasote, and Sylvester Katontoka were involuntarily detained in Chainama Hills Hospital following periods of mental health issues. Out of the three petitioners, Kasote and Katontoka were arrested and detained by police officers according to the Mental Disorders Act. They filed the petition before the High Court of Zambia …Read more

Tags: Freedom from Discrimination, Freedom from Torture and Cruel, Health care and health services, Informed consent, Inhuman or Degrading Treatment, Mental health, prisons, Public safety, Right to Health, Right to Liberty and Security of Person, Right to Property, violence
Download Judgment: English

European Roma and Travellers Forum (ERTF) v. the Czech Republic

Country: Czech Republic
Year: 2016
Court: European Committee of Social Rights
Citation: Complaint No. 104/2014
Facts:

The complainant, European Roma and Travellers Forum (ERTF), filed a complaint against the respondent, the Czech Republic, alleging violation of Article 16 of the European Social Charter, 1961, which provides for right of the family to social, legal and economic protection, on the grounds that Roma people suffered from a lack of accessible housing, residential …Read more

Tags: Child and adolescent health, Freedom from Discrimination, Health care and health services, Health information, Health systems and financing, Infectious diseases, Poverty, Right to a Clean Environment, Right to Health, right to housing, Right to water and sanitation, sanitation and hygiene, Water
Download Judgment: English

Federation of Catholic Families in Europe v. Sweden

Country: Sweden
Year: 2015
Court: European Committee of Social Rights
Citation: Complaint No. 99/2013
Facts:

The complainant, Federation of Catholic Families in Europe (FAFCE), had alleged violation of Article 11 of the European Social Charter(hereinafter Charter) on the ground that the government of Sweden (hereinafter respondent) had failed to enact legislation or insufficient/poorly implement legislation governing the practice of conscientious objection by health care providers, which had led to discrimination …Read more

Tags: Freedom from Discrimination, freedom of religion, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Occupational health, Right to Enjoyment of Favorable Working Conditions, Right to Health, Sexual and reproductive health
Download Judgment: English

NN v. The Member of the Executive Council for Health

Country: South Africa
Year: 2015
Court: The High Court of South Africa (Eastern Cape Local Division: Mthatha)
Citation: Case No. 2571/13
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a suit in her personal capacity and as a guardian of her minor child, Z alleging medical negligence. She alleged that the hospital failed to determine the need for a Caesarean Section and due to prolonged labour and foetal distress, Z suffered from cerebral damage at birth. The Defendant pleaded that under …Read more

Tags: Access to treatment, Caeserean, Childbirth, Clinics, Duty of care, Infant health, Minor, Negligence, Neurological diseases, Patient choice, Remedies, Right to bodily integrity, Right to Health, Right to life TAGS: Health facilities, Standard of care
Download Judgment: English

Ontario (General Manager, The Ontario Health Insurance Plan) v. Clarke & Williams

Country: Canada
Year: 2014
Court: Ontario Superior Court of Justice, Divisional Court
Citation: 2014 ONSC 2009
Facts:

The General Manager of the Ontario Health Insurance Plan (hereinafter “OHIP”) appealed from the decision of the Health Services Appeal and Review Board (hereinafter “the board” ) which was confirmed by the Reconsideration decision of the Board. The appellant had ruled that the respondents, who were seasonal workers in Canada, were not eligible for continued …Read more

Tags: Health care and health services, Health systems and financing, Occupational health, Right to Health
Download Judgment: English

International Federation for Human Rights (FIDH) v. Greece

Country: Greece
Year: 2013
Court: European Committee of Social Rights
Citation: Complaint No. 72/2011
Facts:

The Complainant, International Federation for Human Rights Leagues, filed a complaint against Greece, alleging violation of Article 11 of the European Social Charter which guarantees protection to the right to health, in its failure to eliminate or reduce the harmful effects of pollution in the River Asopos caused by the discharge of industrial waste, which …Read more

Tags: Environmental health, Health information, Right to Health, sanitation and hygiene, Water
Download Judgment: English
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