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591 judgments found.
Country:
Canada Year: 2006
Court: Cour Supérieure du Québec (Quebec Superior Court)
Citation: 2006 Q.C.C.S. 4694
Health Topics:
Health systems and financing,
Hospitals,
Sexual and reproductive health Facts: This case is a class action against the Quebec government aimed at obtaining a reimbursement for voluntary terminations of pregnancy services obtained in private clinics. After the 1988 landmark case of R v Morgentaler found a right to elective abortion, the Ministry of Health had been slow in developing ministerial guidance on family planning. At …Read more
Tags: Abortion,
Budget,
Clinics,
Health expenditures,
Health insurance,
Health spending,
Out-of-pocket expenditures,
Reimbursement,
Termination of pregnancy
Country:
Canada Year: 2006
Court: Inter-American Commission on Human Rights
Citation: Report No. 85/06, Petition P-225-04, October 21, 2006; OEA/Ser.L/V/II.127, Doc. 4 rev. 1, 3 March 2007
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom of association,
Freedom of expression,
Right to life Facts: This report addresses the admissibility of a petition that alleged Canada failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration), including protection of the right to life, the right of special protection of women during pregnancy and the freedom of expression and dissemination of ideas. Anti-abortion …Read more
Tags: Abortion,
Criminalization,
Late-term abortion,
Maternal health,
Partial birth abortion,
Pregnancy,
Termination of pregnancy
Country:
Brazil Year: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 149 (July 4, 2006).
Health Topics:
Health care and health services,
Hospitals,
Medical malpractice,
Mental health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to due process/fair trial,
Right to life Facts: Damião Ximenes-Lopes, a person with mental illness, was hospitalized for psychiatric treatment at a private psychiatric clinic that operated within Brazil’s public health system. Ximenes-Lopes died three days following hospitalization while undergoing psychiatric treatment. He endured “inhuman and degrading” conditions and died under violent circumstances in the hands of hospital staff. Ximenes-Lopes’ sister filed a …Read more
Tags: Abuse,
Clinics,
Cruel treatment,
Degrading treatment,
Depression,
Humiliating treatment,
Inappropriate treatment,
Inhuman treatment,
Involuntary confinement,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Negligence,
Private hospitals,
Psychiatry,
Psychology,
Torture
Country:
Paraguay Year: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 146 (Mar. 29, 2006).
Health Topics:
Child and adolescent health,
Diet and nutrition,
Health care and health services,
Medicines,
Water, sanitation and hygiene Human Rights: Right to due process/fair trial,
Right to property Facts: The Sawhoyamaxa, an indigenous community in Paraguay brought the case against the Paraguayan government for failing to ensure their ancestral property right. The Sawhoyamaxa’s claim for territorial rights had been pending since 1991. The lands at issue constituted their traditional habitat suitable for their subsistence activities, consisting of hunting, fishing, and gathering. The lands claimed …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Child development,
Child mortality,
Children,
Clean water,
Drinking water,
Immunization,
Indigenous groups,
Malnutrition,
Minor,
Pharmaceuticals,
Safe drinking water,
Sewage,
Trash,
Vaccination,
Waste,
Waste management
Country:
Argentina Year: 2006
Court: Superior Provincial Court of Justice in the Province of Corrientes [Superior Tribunal de Justicia de Corrientes]
Citation: Falcon Maria Liliana c/ Hospital Vidal de la ciudad de Corrientes y/o Ministerio de Salud Publia de Corrientes y/o Estado de la Provincia Decorrientes s/ Amparo, Expediente Nº 25438/05, Superior Tribunal de Justicia de Corrientes (STJ Ctes.)(Superior Tribunal of Justice: highest provincial court in the province of Corrientes), 12/4/2006 (Arg.).
Health Topics:
Health care and health services,
Health systems and financing,
Informed consent,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life,
Right to health,
Right to liberty and security of person Facts: Falcon María Liliana filed anguarantee of protection of individual constitutional rights (amparo protection) against a hospital in Argentina for refusing to perform a sterilization procedure during the birth of her seventh child. The plaintiff had requested doctors to perform a ligation of her Fallopian tubes, and/or any other necessary procedure, during a planned caesarean section …Read more
Tags: Access to treatment,
Assisted reproductive technology,
Birth control,
Contraception,
Contraceptives,
Family planning,
Fertility,
Health facilities,
Informed choice,
Patient choice,
Public hospitals,
Sterilization
Country:
Brazil Year: 2006
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: National Institute of Social Security (INSS) v. Santos Al-AgR 47097/ SP, Supremo Tribunal Federal [Federal Supreme Court] (2006).
Health Topics:
Health care and health services,
Poverty Human Rights: Right to health Facts: The National Institute of Social Security filed an interlocutory appeal with basis in the Code of Civil Procedure and the bylaws of the Federal Supreme Court against the decision upheld by this same court in September 2005 which stated that the matter in discussion did not directly offend the Constitution and required the re-examination of …Read more
Tags: Access to health care,
Low income,
Poor,
Underprivileged
Country:
Brazil Year: 2006
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: State of Rio Grande do Sul v. Luiz Marcelo Dias, RE 393175-0/RS, Supremo Tribunal Federal [Federal Supreme Court] (2006).
Health Topics:
Health care and health services,
Infectious diseases,
Medicines,
Poverty Human Rights: Right to health,
Right to life Facts: The State of Rio Grande do Sul filed an extraordinary appeal against the decision of the lower court, which found the State was responsible for providing medication free of charge, to an individual with HIV who could no longer afford the medications. The State argued that it was not responsible for the provision of free …Read more
Tags: Access to medicines,
AIDS,
Antiretrovirals,
ARVs,
Budget,
Health spending,
HIV,
People living with HIV/AIDS
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
Country:
Colombia Year: 2006
Court: Corte Constitucional [Constitutional Court]
Citation: Sentencia C-355/06
Health Topics:
Child and adolescent health,
Health systems and financing,
Mental health,
Poverty,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to development,
Right to health,
Right to liberty and security of person,
Right to life Facts: Women petitioners brought a tutela action (appeal for legal protection) requesting that the Court declare unconstitutional particular provisions of the Penal Code (Articles 122 (criminalized abortion), 123 (criminalized abortion without consent), and 124 (mitigating circumstances)) that criminalized abortion, claiming that, first, the doctrine of res judicata did not apply to them with regards to previous decisions …Read more
Tags: Abortion,
Access to treatment,
Children,
Criminalization,
Cruel treatment,
Degrading treatment,
Family planning,
Late-term abortion,
Maternal health,
Maternal mortality,
Minor,
Pregnancy,
Rape,
Termination of pregnancy,
Therapeutic abortion,
Unsafe abortion
Country:
Costa Rica Year: 2006
Court: Supreme Court of Costa Rica (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 6 octubre 2006, Sentencia 14766, Expediente: 06-011928-0007-CO (2006)(Costa Rica).
Health Topics:
Controlled substances,
Tobacco Human Rights: Right to health,
Right to life Facts: Petitioner filed a Writ of Amparo to challenge the administrative procedure that instituted a partial ban on cigar and cigarette advertisements pursuant Article 9 of Costa Rica’s Tobacco Regulation Act. Petitioner claimed such a partial ban was constitutionally unacceptable, as only a total ban on advertisement could fulfill the obligation of the State to safeguard …Read more
Tags: Smoking,
Tobacco control,
Tobacco regulation
Country:
Costa Rica Year: 2006
Court: Supreme Court of Costa Rica (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 12 diciembre 2006, Sentencia 17867, Expediente: 06-011793-0007-CO (2006)(Costa Rica).
Health Topics:
Controlled substances,
Environmental health,
Health care and health services,
Tobacco Human Rights: Right to health Facts: Petitioner was an inmate in a State prison who filed a Writ of Amparo challenging the administrative regulation that exempted inmates from the prohibition to smoke inside cells and other closed, indoor environments within prisons. In his submission, plaintiff contended the regulation (of infra-legal hierarchy status) was unconstitutional as it forcibly exposed him to tobacco …Read more
Tags: Passive smoking,
Second-hand smoke,
Smoking,
Tobacco control,
Tobacco regulation
Country:
Costa Rica Year: 2006
Court: Supreme Court of Costa Rica
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 12 de diciembre del 2006, Res. No 2006017867, Expediente: 06-011793-0007-CO (2006)(Costa Rica).
Health Topics:
Chronic and noncommunicable diseases,
Controlled substances,
Tobacco Human Rights: Right to a clean environment,
Right to health,
Right to life Facts: The plaintiff, a Costa Rican national, presented an appeal of protection against the Ministry of Justice claiming his right to health had been violated. The plaintiff was deprived from liberty in a local prison which he claimed was overpopulated and in close contact with persons with chronic diseases. The Ministry of Justice argued that it …Read more
Tags: Non-communicable diseases,
Passive smoking,
Second-hand smoke,
Smoking,
Tobacco control,
Tobacco regulation
Country:
Peru Year: 2006
Court: Constitutional Court of Peru
Citation: Tribunal Constitucional [Constitutional Court] Nov. 13, 2006, Sentencia 7435-2006-PC/TC (Peru).
Health Topics:
Health care and health services,
Health information,
Health systems and financing,
Medicines,
Poverty,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right of access to information,
Right to bodily integrity,
Right to family life,
Right to health,
Right to life Facts: In 2001, Peru’s Department of Health approved the emergency oral contraceptive and resolved to provide it at no charge throughout the nation. Following cases of repeated noncompliance with this resolution, plaintiffs initiated this legal action to enforce compliance. Specifically, the petitioners asserted that the mandates whose compliance they were demanding were: (1) To ensure a …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Contraception,
Contraceptives,
Counseling,
Family planning,
Health education,
Health regulation,
Low income,
Poor,
Public hospitals
Country:
Peru Year: 2006
Court: Tribunal Constitucional (Constitutional Court)
Citation: Martínez, Pablo Miguel Fabián y Otros v. Ministerio de Salud y la Dirección General de Salud Ambiental (DIGESA), May 12, 2006, Sentencia 2002-2006-PC/TC (Peru).
Health Topics:
Child and adolescent health,
Disasters and emergencies,
Environmental health,
Health care and health services Human Rights: Right to a clean environment,
Right to development,
Right to health,
Right to life Facts: Petitioners filed a Writ of Mandamus action against the Ministry of Health and DIGESA (the General Directorate of Environmental Health) before the Superior Court of Justice of Lima, requesting that the court order Respondents to design and implement a strategy for public health emergencies for the city of La Oroya, pursuant to articles 96, 97, …Read more
Tags: Air pollution,
Biohazard,
Child development,
Children,
Contamination,
Environmental hazards,
Infant health,
Poisoning,
Pollution,
Precautionary principle
Country:
Peru Year: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R., Judgment, Inter-Am. Ct. H.R. (ser. C) No. 160 (Nov. 25, 2006).
Health Topics:
Diet and nutrition,
Disasters and emergencies,
Health care and health services,
Health information,
Hospitals,
Infectious diseases,
Medicines,
Mental health,
Prisons,
Sexual and reproductive health,
Violence,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to due process/fair trial,
Right to liberty and security of person,
Right to life,
Right to privacy Facts: During the conflict between armed groups and government forces that lasted from the 1980s until 2000, the government of Alberto Fujimori issued a law decree on April 6, 1992, ordering “the reorganization of the National Penitentiary Institute (INPE) and put[ting] the National Police of Peru in charge of the control of security at the penitentiaries.” …Read more
Tags: Abuse,
Access to drugs,
Access to medicines,
Access to treatment,
Armed conflict,
Assault,
Childbirth,
Clean water,
Cleanliness,
Compulsory examination,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Dehydration,
Detainee,
Detention,
Diet,
Drinking water,
Emergency care,
Execution,
Forced examination,
Health records,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Involuntary examination,
Jail,
Law enforcement,
Maternal health,
Medical records,
Military,
Militias,
Police,
Pregnancy,
Prison conditions,
Rape,
Safe drinking water,
Sexual abuse,
Sexual assault,
Sexual violence,
Solitary confinement,
TB,
Torture,
Tuberculosis,
Violence against women
Country:
Argentina Year: 2006
Court: Supreme Court of Justice [Corte Suprema de la Nación Argentina]
Citation: R. 638. XL
Health Topics:
Aging,
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Medicines,
Mental health,
Poverty Human Rights: Right to bodily integrity,
Right to health,
Right to life Facts: The Petitioner, an elderly woman with diabetes, filed an action of amparo against the I.N.S.S.J.P, a public entity devoted to the provision of public health insurance to retired people. She requested the judiciary to order the Respondent to provide her 100U of human insulin, reactive tape and disposable syringes, as well as the medicine “Ampliactil” …Read more
Tags: Access to medicines,
Access to treatment,
Aged persons,
Diabetes,
Elderly,
Emergency care,
Essential medicines,
Health funding,
Health insurance,
Incapacity,
Incompetence,
Indigent,
Insanity,
Low income,
Mental competence,
Older persons,
Poor,
Senior citizens,
Social security,
Underprivileged
Country:
Colombia Year: 2006
Court: Inter-American Court of Human Rights
Citation: Inter-Am. C.H.R., (ser. C) No. 148 (Jul. 1, 2006).
Health Topics:
Child and adolescent health,
Disasters and emergencies,
Mental health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Right to bodily integrity,
Right to due process/fair trial,
Right to liberty and security of person,
Right to life,
Right to property Facts: Petitioners, the alleged victims of violent acts that took place in a region called La Granja, alleged before the Inter-American Commission on Human Rights that members of law enforcement bodies and paramilitary groups involved in the United Self-Defense Forces of Colombia participated in armed raids in which they killed unarmed civilians, robbed others, and caused …Read more
Tags: Armed conflict,
Children,
Forced displacement,
Humanitarian crisis,
Militias,
Minor,
Refugees
Country:
Argentina Year: 2006
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: R. 1148. XLI
Health Topics:
Child and adolescent health,
Diet and nutrition,
Poverty Human Rights: Right to food Facts: Plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Province of Buenos Aires and the Federal State alleging that, due to omissions attributable to both states, her children suffered from malnutrition. She requested that the Court issue a provisional measure ordering the respondents to promptly satisfy the most basic nutritional and …Read more
Tags: Children,
Diet,
Food,
Indigent,
Malnutrition,
Pediatric health,
Poor
Country:
Ecuador Year: 2006
Court: Constitutional Tribunal [Tribunal Constitucional]
Citation: Tribunal Constitucional, Caso No. 0371-04-RA, publicado en el Suplemento al Registro Oficial No. 274, 19 de mayo de 2006.
Health Topics:
Environmental health,
Public safety Human Rights: Right to a clean environment,
Right to water and sanitation Facts: This case was originally brought before the First Chamber of the Contentious Administrative Tribunal by a group of organizations of the Amazon Basin in Ecuador who were challenging the fact that Colombia was fumigating with glyphosate (within their plan to eradicate coca) within a 10-km strip from the border of Colombia and Ecuador. The organizations …Read more
Tags: Air pollution,
Air safety,
Environmental degradation,
Environmental hazards,
Herbicide,
Pesticide,
Pollution,
Water pollution,
Water safety
Country:
Canada Year: 2006
Court: Supreme Court
Citation: 2006 SCC 14
Health Topics:
Disabilities Human Rights: Right to social security Facts: T and W applied for support pursuant to the Ontario Disability Support Program Act, 1997 (‘the Act’). Their applications were denied by the Director of the Program and an internal review confirmed the Director’s decision. The Social Benefits Tribunal (‘the Tribunal’) dismissed the appeals pursuant to s 5(2) of the Act based on its finding …Read more
Tags: Disabled
Country:
Canada Year: 2006
Court: Canadian Human Rights Tribunal
Citation: 2006 CHRT 39
Health Topics:
Disabilities,
Health care and health services,
Health systems and financing,
Sexual and reproductive health Human Rights: Freedom from discrimination Facts: Terry Buffet, a male service member in the Canadian Armed Forces wanted to use his employment benefit for in vitro fertilization (IVF) because of reasons of his infertility. The Canadian Forces (CF) provided insurance for military members, but not for their family members. CF did, however, provide coverage of IVF to female military members. Upon …Read more
Tags: Access to health care,
Access to treatment,
Differently abled,
Disabled,
Health expenditures,
Health funding,
Health insurance,
Health spending,
In vitro fertilization,
Infertility,
Physically challenged
Country:
Canada Year: 2006
Court: The Federal Court of Appeal
Citation: 2006 FCA 365
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals,
Poverty Human Rights: Freedom of movement and residence,
Right to health,
Right to life Facts: The appellants were Mexican citizens who arrived in Canada and made a claim for refugee protection. Before their claim was heard, the male appellant was diagnosed with end-stage renal failure and was immediately put on life-sustaining hemodialysis treatment. The Immigration and Refugee Board (‘Board’) denied their claim for refugee protection. Among other findings, the Board …Read more
Tags: Access to health care,
Access to treatment,
Budget,
Examination,
Health care technology,
Health expenditures,
Health facilities,
Health funding,
Health insurance,
Health regulation,
Health spending,
Immigrants,
Immigration,
Indigent,
Kidney disease,
Low income,
Noncommunicable diseases,
Out-of-pocket expenditures,
Poor,
Refugees,
Testing,
Underprivileged
Country:
Year: 2006
Court: Supreme Court of Canada
Citation: App No. 2006 SCC 14.
Facts: The appellants in this case were Robert Tranchemontagne and Norman Werbeski. The duo applied to the director of Ontario Disability support program for support pursuant to Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sch. B (“ODSPA”).The financial assistance was meant to help people with disabilities cope with their impairments but those unsuccessful …Read more
Tags: discrimination,
Right to social security
Download Judgment:
Country:
Canada Year: 2005
Court: Supreme Court
Citation: 2005 S.C.C. 35, [2005] 1 S.C.R. 791
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to liberty and security of person,
Right to life Facts: Section 15 of the Health Insurance Act (HEIA) and s. 11 of the Hospital Insurance Act (HOIA) prohibited Quebec residents from taking out private health insurance for services covered by Quebec’s public health care plan. The two Appellants, Jacques Chaoulli and George Zeliotis, contested the validity of this prohibition. They alleged that these prohibitions deprived …Read more
Tags: Access to treatment,
Budget,
Emergency care,
Health expenditures,
Health facilities,
Health funding,
Health insurance,
Health regulation,
Health spending,
Out-of-pocket expenditures,
Primary care,
Private hospitals,
Public hospitals,
Secondary care,
Social security
Country:
United States Year: 2005
Court: 3rd Circuit Court of Appeal
Citation: 428 F.3d 167 (2005)
Health Topics:
Health information,
Health systems and financing Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to privacy Facts: This case concerned a challenge to a rule promulgated by the United States Department of Health and Human Services pursuant to the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The original privacy rule “required covered entities to seek individual consent to use or disclose health information in all …Read more
Tags: Confidentiality,
Disclosure,
Electronic health records,
Health data,
Health information,
Health regulation,
Medical records,
Non-disclosure,
Secrecy
Country:
United States Year: 2005
Court: 9th Circuit Court of Appeal
Citation: 400 F.3d 702 (2005)
Health Topics:
Disabilities,
Health information,
HIV/AIDS,
Infectious diseases Human Rights: Freedom from discrimination Facts: The Appellants, Leonel and others, were persons living with HIV. They applied for and were granted offers for flight attendant positions with American Airlines (American). Upon discovery of their HIV-positive status, American rescinded Appellants’ job offers, citing their failure to disclose information during their medical examinations. The Appellants had originally been given conditional offers of …Read more
Tags: AIDS,
Confidentiality,
Disclosure,
Employment,
Health information,
HIV,
HIV positive,
HIV status,
Medical records,
People living with HIV/AIDS,
PLHIV,
Secrecy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
United States Year: 2005
Court: 10th Circuit Court of Appeal
Citation: 419 F.3d 1097 (2005)
Health Topics:
Health information Human Rights: Right to privacy Facts: The Appellant, Douglas, brought suit claiming that the Respondent, Dobbs, an Assistant District Attorney, violated her constitutional right to privacy by approving a police search of her pharmacy records. The search was initiated after a police sergeant learned from Douglas’ physician that he suspected Douglas was abusing prescription pain medication by forging prescriptions, running through …Read more
Tags: Confidentiality,
Disclosure,
Health data,
Health information,
Medical records,
Non-disclosure,
Secrecy
Country:
United States Year: 2005
Court: 10th Circuit Court of Appeal
Citation: 397 F.3d 897 (2005)
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Infectious diseases,
Medical malpractice Facts: Gary and Renna Pehle (“Appellants”), husband and wife, applied for life insurance with the Farm Bureau Life Insurance Company (“Farm Bureau”) in Wyoming in 1999. As part of the application process, the Pehle’s submitted a blood test. The test was contracted to LabOne, an independent company located in Kansas. Both Appellants tested positive for Human …Read more
Tags: AIDS,
Duty of care,
Health records,
HIV,
HIV positive,
HIV status,
Medical records,
Negligence,
Sexually transmitted diseases,
Testing