55 judgments found.

Voluntary Health Association of Punjab v. Union of India

Country: India
Year: 2013
Court: Supreme Court
Citation: Writ Petition (Civil) No. 349 of 2006
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination
Facts:

The order is about the problem of sex-selective abortion in India. The Court assed the present situation and the various barriers that must be taken into account when States take steps to address this problem by raising awareness of the legal status of the issue. The Parliament has taken steps to prevent sex selective abortion …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Awareness, Clinics, Counseling, Diagnostics, Forced abortion, Health care professionals, Health care technology, Health care workers, Health data, Health education, Health facilities, Health promotion, Health records, Infant mortality, Maternal health, Medical records, Pregnancy, Sex-selective abortion, Termination of pregnancy, Testing, Unsafe abortion
Download Judgment: English

Jeladze v. Georgia

Country: Georgia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 1871/08
Health Topics: Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Mr. Genadi Jeladze, an imprisoned Georgian national, discovered that he had contracted a chronic form of viral Hepatitis C (“HCV”) while in prison. A self-funded medical examination recommended antiviral treatment on an outpatient basis. In response, the prison offered drug treatment which did not include antiviral drugs. Over the next year, Jeladze’s lawyer requested a …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hepatitis, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Testing
Download Judgment: English

Laidlow v The Minister of Citizenship and Immigration

Country: Canada
Year: 2012
Court: Federal Court
Citation: (2012) FC 144
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to health, Right to life
Facts:

The applicant was a citizen of Saint Vincent and the Grenadines who entered Canada on a visitor visa, and remained in Canada illegally after his visa had expired. During this time, he was hospitalized after losing his eyesight and memory. He was diagnosed with a benign tumor affecting his brain and pituitary gland. The tumor …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Blind, Essential medicines, Examination, Health expenditures, Health facilities, Health funding, Health regulation, Health spending, Immigrants, Immigration, Refugees, Testing
Download Judgment: English

R.R. v. Poland

Country: Poland
Year: 2011
Court: European Court of Human Rights
Citation: App. No. 27617/04, Eur. Ct. H.R. Rep. 648 (2011).
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to privacy
Facts:

The applicant Ms. R.R., a Polish citizen, brought an action against the then Malopolska Regional Medical Insurance Fund and Dr. S.B. for failure to perform timely prenatal examinations and allow her the possibility of deciding whether to terminate her pregnancy with the conditions provided by law for the malformation of her child (Turner syndrome). The …Read more

Tags: Abortion, Access to health care, Access to treatment, Criminalization, Cruel treatment, Degrading treatment, Family planning, Genetic disease, Health care technology, Health funding, Health regulation, Inhuman treatment, Out-of-pocket expenditures, Private hospitals, Public hospitals, Termination of pregnancy, Testing, Torture
Download Judgment: English Polish

R.R. v. Poland

Country: Poland
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 27617/04
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to privacy
Facts:

This case concerned access to timely prenatal examinations in order to make an informed decision whether or not to continue with a pregnancy. During her eighteenth week of pregnancy, RR’s doctor told her that her fetus might be affected by a malformation. RR informed her doctor that if further tests confirmed the malformation, she would …Read more

Tags: Abortion, Abortion counseling, Access to treatment, Degrading treatment, Diagnostics, Examination, Family planning, Humiliating treatment, Late-term abortion, Partial birth abortion, Pregnancy, Termination of pregnancy, Testing, Viability
Download Judgment: English

Case 3364/2010

Country: Spain
Year: 2010
Court: Supreme Court
Citation: STS 3364/2010
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Facts:

Plaintiff went to the hospital to obtain an amniocentesis, which reported a karyotype of 46, XY normal. Upon plaintiff’s son’s birth, 6 months later, doctors suspected the child suffered from Down syndrome. Testing of the child’s blood revealed a karyotype of 47 XY +21. Rechecking the original amniotic fluid also found an abnormality. The error …Read more

Tags: Abortion, Abortion counseling, Child development, Compensation, Damages, Differently abled, Disabled, Family planning, Negligence, Public hospital, Termination of pregnancy, Testing
Download Judgment: English Spanish

Case T-310/10

Country: Colombia
Year: 2010
Court: Colombian Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Primera de Revisión abril 30, 2010, M.P.: María Victoria Calle Correa, Sentencia T-310/10 (Colom.).
Health Topics: Health care and health services, Health systems and financing, Poverty, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to development, Right to health, Right to social security
Facts:

25-year-old Petitioner brought a legal protection action before the Municipal Court of Santa Rosa de Osos against Coomeva EPS for refusing to cover the labiaplasty surgery prescribed by her doctor to treat her condition, labia minora hypertrophy.  Petitioner was unable to fully cover the procedure and therefore, claimed that the denial of coverage constituted a …Read more

Tags: Access to treatment, Diagnostics, Examination, Health care professionals, Low income, Out-of-pocket expenditures, Poor, Social security, Testing
Download Judgment: English Spanish

Kingaipe and Chookole v. Attorney General

Country: Zambia
Year: 2010
Court: High Court at Livingstone
Citation: 2009/HL/86
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Informed consent
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to social security, Right to work
Facts:

Petitioners Stanley Kingaipe and Charles Chookole sued the Zambian Air Force (ZAF) alleging violations of their constitutional rights to liberty, privacy, life, protection from inhuman and degrading treatment, and protection from discrimination. They also alleged violations of their rights to adequate medical and health facilities and adequate educational opportunities contained in the Directive Principles of …Read more

Tags: AIDS, Examination, HIV, HIV positive, HIV status, Involuntary testing, Involuntary treatment, Most-at-risk, Non-consensual testing and treatment, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing, Unauthorized treatment
Download Judgment: English

Kozhokar v. Russia

Country: Russia
Year: 2010
Court: The European Court of Human Rights
Citation: Application no. 33099/08, ECHR 2010
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

This case is about the conditions of the applicant’s detention and the sufficiency of his medical care while he was detained in remand centre no. IZ-71/1 and correctional colony no. 7 in the Tula region of the Russian Federation. On 18 October 2006, the applicant, a Russian national, was arrested for drug trafficking. He was …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Clinics, Compensation, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Diet, Duty of care, Essential medicines, Examination, Food, Health facilities, Hepatitis PLHIV, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Inadequate treatment, Incarceration, Inhuman treatment, Inmate, Jail, Liver disease, Malnutrition, People living with HIV/AIDS, Prison conditions, Public hospitals, Remedies, Standard of care, Testing, Torture, Tuberculosis
Download Judgment: English

McCallum v. South Africa

Country: South Africa
Year: 2010
Court: United Nations Human Rights Committee
Citation: Communication No. 1818/2008; U.N. Doc. CCPR/C/100/D/1818/2008
Health Topics: Health care and health services, HIV/AIDS, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Bradley McCallum, a detainee at a maximum correctional facility in South Africa, claimed to be a victim of violations of articles 7 and 10 of the International on Civil and Political Rights (“Covenant”). In particular, McCallum alleged that he was physically abused, raped, and subject to other ill treatment by South African prison authorities during …Read more

Tags: Abuse, Access to health care, Cruel treatment, Degrading treatment, Detainee, Detention, HIV, HIV status, Imprisonment, Incarceration, Inhuman treatment, Medical records, Most-at-risk, Prison conditions, Rape, Testing, Torture, Transmission
Download Judgment: English
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