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7 judgments found.


Black et al. v. City of Toronto

Country: Canada
Year: 2020
Court: Ontario Superior Court of Justice
Citation: 2020 ONSC 6398
Health Topics: Chronic and noncommunicable diseases, Sexual and reproductive health, Water, sanitation and hygiene
Facts:

A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

Tags: Access to healthcare, Access to treatment, Addiction, Chronic and noncommunicable diseases, Cleanliness, Depression, Diabetes, Disabled, Drug abuse, drug users, Health care and health services, Infectious diseases, Influenza, Mental health, Noncommunicable diseases, Opioids, People who use drugs, Poverty, Public safety, Pulmonary diseases, Respiratory diseases, Safe drinking water, Sexual and reproductive health, Sexual harassment, Substance abuse, violence, water sanitation and hygiene
Download Judgment: English

Thompson v Ontario (Attorney General)

Country: Canada
Year: 2016
Court: Ontario Court of Appeal
Citation: 2016 ONCA 676
Facts:

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

Tags: Community-based care, Compulsory commitment, Compulsory examination, Compulsory treatment, Forced examination, Forced treatment, Health care and health services, Incapacity, Informed choice, Informed consent, Involuntary examination, Mental competence, Mental disability, Mental disorder, Mental health, Mental institution, Psychiatry, Public safety, Schizophrenia
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Mshengu and Others v. Msunduzi Local Municipality and Others

Country: South Africa
Year: 2019
Court: HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL DIVISION, PIETERMARITZBURG
Citation: [2019] 4 All SA 469 (KZP)
Facts:

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

Tags: Clean water, Cleanliness, Indigent, Potable water, Safe drinking water, Sewage, Waste, Waste management
Download Judgment: English

Krajnc v. Slovenia

Country: Slovenia
Year: 2018
Court: European Court of Human Rights
Citation: no. 38775/14, § 2, ECHR 2018
Human Rights: Right to property, Right to social security
Facts:

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

Tags: Disabilities, Health systems and financing
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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
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Miguel Ignacio Fredes Gonzalez and Ana Andrea Tuczek Fries v. Chile

Country: Chile
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 14/09, Petition 406-03, March 19, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Diet and nutrition, Environmental health, Health information, Public safety
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to due process/fair trial, Right to participation
Facts:

Miguel Ignacia Fredes Gonzalez and Ana Andrea Tuczek Fries, among others, filed an information request with the Agriculture and Livestock Service (the “SAG”), a department of the State’s Ministry of Agriculture, requesting information and documents related to transgenic crops and their location.The national director of the SAG failed to answer the request within the time …Read more

Tags: Awareness, Biohazard, Biosafety, Contamination, Disclosure, Food safety, Freedom of information, Genetically-modified food, Non-disclosure
Download Judgment: English Spanish

Case 529-2006

Country: Chile
Year: 2006
Court: Court of Appeals (Rancagua)
Citation: Corte de Apelaciones [C. Apel.][Court of Appeals], 20 junio 2006, Rol de causa: 529-2006, divorcio (Chile).
Health Topics: Aging, Chronic and noncommunicable diseases
Human Rights: Right to family life, Right to work
Facts:

Plaintiff, a 61-year old woman afflicted with colon cancer, filed a counterclaim to her husband’s divorce petition, seeking compensation. The Trial judge had considered compensation for divorce a matter of welfare and had thus provided for a very small amount of reparation damages, taking into consideration only the plaintiff’s immediate needs and the defendant’s economic …Read more

Tags: Aged persons, Cancer, Compensation, Elderly, Non-communicable diseases, Older persons, Senior citizens
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Carabantes Galleguillos, Mónica v. Chile

Country: Chile
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Carabantes Galleguillos v. Chile, Case 12.046, Inter-Am. Comm’n H.R., Report No. 33/02, OEA/Ser.L/V/II.117, doc. 1 rev. 1 (2002).
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

Applicant, a student in her fifth year of basic education at a subsidized private school in the city of Coquimbo, Chile was expelled during an examination for having appeared seven months pregnant and was informed that her enrollment could not be renewed for the following school year. Her family had filed a complaint with the …Read more

Tags: Childbirth, Pregnancy
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People Living with HIV v. Chile

Country: Chile
Year: 2001
Court: Inter-American Commission on Human Rights
Citation: Precautionary Measures, Inter-Am. Comm’n H.R., OEA/Ser.L./V/II.114, doc. 5 rev. (2002).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to health, Right to life
Facts:

The Inter-American Commission granted precautionary measures, in Chile, on behalf of Juan Pablo Améstica Cáceres, Manuel Orlando Farías, and Náyade Orieta Rojas Vera. These three individuals are carriers of the human immunodeficiency virus (HIV/AIDS) who contacted the IACHR because they believed their right to life and health was in serious danger.

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, HIV, HIV positive, People living with HIV/AIDS, Pharmaceuticals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
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N. R. V. v. Ministry of Health and East Metropolitan Health Service

Country: Chile
Year: 2001
Court: Corte Suprema de Justica [Supreme Court of Chile]
Citation: Corte Suprema de Justica [C.S.J.] [Supreme Court of Chile], 9 octubre 2001, "N. R. V. v. Servicio de Salud Metropolitano Oriente y Ministro de Salud," Rol de la causa: 3.599-2001-10-16 (Chile).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to health, Right to life
Facts:

Petitioners brought an action against the Ministry of Health and the Public Health Service, seeking protection for their constitutional rights to life and freedom from discrimination, in regards to their ability to access medicines and health treatment for HIV/AIDS. Petitioners argued that HIV/AIDS should be considered a public health issue and, consequently, the Ministry of …Read more

Tags: Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Health expenditures, Health regulation, Health spending, HIV, People living with HIV/AIDS
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Case 3.599-2001

Country: Chile
Year: 2001
Court: Supreme Court
Citation: Rol No. 3599
Health Topics: Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health
Facts:

The Appellants are HIV-positive and cannot afford the life-sustaining drugs needed to treat their condition. They submitted a protection order to the Court to require the Metropolitan Health Services to provide certain life-sustaining drugs.

Tags: Access to drugs, Access to medicines, AIDS, Budget, HIV, HIV positive
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