Loading, please wait...
591 judgments found.


Glossip et al. v. Gross et al.

Country: United States
Year: 2015
Court: Supreme Court
Citation: 576 U.S. __ (2015)
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

The state of Oklahoma adopted lethal injection as its method of execution for inmates on death row. The injection consisted of a three-drug protocol of (1) sodium thiopental (a barbiturate) to induce unconsciousness, (2) a paralytic agent to inhibit all muscular-skeletal movements, and (3) potassium chloride to induce cardiac arrest. The Supreme Court had previously ruled …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Detention, Execution, Imprisonment, Incarceration, Inhuman treatment, Jail, Torture
Download Judgment: English

Wong Ho Wing v. Peru

Country: Peru
Year: 2015
Court: Inter-American Court of Human Rights
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Wong Ho Wing, a Chinese citizen, was wanted by the judicial authorities of Hong Kong, China for smuggling, money laundering, bribery, and tax evasion. He was arrested at the Lima airport as he attempted to enter Peru from the United States. China and Peru had entered into an extradition treaty in 2001 that obligated both …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Custody, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Torture
Download Judgment: English

Looney v. Moore

Country: United States
Year: 2015
Court: District Court for the Northern District of Alabama
Citation: No. 2:13-CV-00733-KOB, 2015 WL 4773747 (N.D. Ala. Aug. 13, 2015)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Informed consent, Medical malpractice
Facts:

The infant Plaintiffs in this case were part of the Surfactant, Positive Pressure, and Oxygenation Randomized Trial (SUPPORT), a clinical research trial aimed at measuring the effects of oxygen saturation levels in premature infants with low birth weights, at the University of Alabama-Birmingham Hospital. For the trial, participants were randomly assigned into groups, and the …Read more

Tags: Child mortality, Children, Clinical trials, Inadequate treatment, Infant health, Infant mortality, Informed choice, Negligence, Neurological diseases, Non-consensual testing and treatment, Standard of care, Unauthorized treatment
Download Judgment: English

Hopkins v. Kay

Country: Canada
Year: 2015
Court: Ontario Court of Appeal
Citation: [2015] O.J. No. 751
Health Topics: Health information, Hospitals
Human Rights: Right to privacy
Facts:

A class of approximately 280 individuals whose medical records were improperly accessed by hospital staff filed suit against the hospital employees. The class alleged that the breaches the staff caused and the hospital’s failure to monitor and implement policies to protect the information led to a breach under the common law tort of intrusion upon …Read more

Tags: Confidentiality, Disclosure, Electronic health information, Electronic health records, Health data, Health records, Medical records, Public hospitals
Download Judgment: English

Bentley v. Maplewood Seniors Care Society

Country: Canada
Year: 2015
Court: Court of Appeal, British Columbia
Citation: 2015 BCCA 91
Health Topics: Aging, Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health
Facts:

Mrs. Bentley was an 83-year-old woman suffering from Alzheimer’s Disease. Mrs. Bentley had not spoken since 2010 and did not recognize anyone. In 1991 she had signed a directive that expressed her desire to be allowed to die and not be kept alive by artificial means or heroic measures in case there was no reasonable …Read more

Tags: Aged person, Diet, Elderly, Food, Health facilities, Incompetence, Long-term care, Mental competence, Neurological diseases, Patient choice, Unauthorized treatment
Download Judgment: English

Kanthasamy v Canada (Citizenship and Immigration)

Country: Canada
Year: 2015
Court: The Supreme Court of Canada
Citation: 2015 SCC 61
Health Topics: Child and adolescent health, Disasters and emergencies, Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The appellant was a 17 year old boy who applied for permanent residence from within Canada, having previously landed as a refugee claimant. He travelled to Canada to escape threatened violence from the army and police in Sri Lanka, his native country after he was detained and questioned by the Sri Lankan police and army. …Read more

Tags: Abuse, Access to healthcare, Access to treatment, Armed conflict, Assault, Asylum, Child development, Children, Custody, Depression, Detainee, Detention, Humanitarian crisis, Immigrants, Immigration, Law enforcement, Manmade disaster, Mental disorder, Mental illness, Migrants, Military, Minor, Police, Psychology, Refugees, Trauma
Download Judgment: English

Dumas v. Simba Technologies

Country:
Year: 2015
Court: British Colombia Human Rights Tribunal
Citation: 2015 BCHRT 65, 2015 Carswell BC 975 (2015)
Facts:

The complainant, Cathy Dumas, suffered from a cognitive illness. She had filed a complaint against the respondent, her former employer, Simba Technologies Inc., on the ground of irregular termination of employment due to her mental or physical disability. This termination is claimed to be in violation of S.3 of the Human Rights Code Which lists …Read more

Tags: Disabilities, Freedom from Discrimination, Health information, Mental health, Right to Enjoyment of Favorable Working Conditions, Right to work
Download Judgment: English

King v. Burwell

Country: United States
Year: 2015
Court: Supreme Court of the United States
Citation: KING ET AL. v. BURWELL, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL.
Health Topics: Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

This case involved the Patient Protection and Affordable Care Act (the Act) that had adopted three major health insurance reforms. In particular the Act adopted the ‘guaranteed issue’ requirement that prevented insurers from denying insurance coverage for an individual due to his state of health; the ‘community rating’ requirement that required insurers from imposing higher …Read more

Download Judgment: English

L.E.H. et al. v. O.S.E.P.

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: CSJ 003732/2014/RH001
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life
Facts:

The plaintiffs filed a guarantee of protection of individual constitutional rights (amparo protection) with the First Instance Court of the Province of Mendoza to condemn the Health Insurance of Public Personnel [Obra Social de Empleados Públicos – O.S.E.P] to provide comprehensive coverage of the assisted reproductive treatment by intracytoplasmic sperm injection (ICSI) with pre-implantation genetic diagnostic …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Health regulation, Right to Health, righto to life
Download Judgment: Spanish

Nobleza Piccardo S.A.I.C v. Municipalidad de Río Cuarto

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: N. XLIX. 75
Health Topics: Tobacco
Human Rights: Right to property
Facts:

The plaintiff was compelled by resolution 27 211 of the Directorate General of Resources of the Municipality of Río Cuarto [Dirección General de Recursos] to pay a tax that affected its commercial, industrial and service activity. Nobleza Piccardo S.A.I.C appealed this resolution to the Administrative Court of the Municipality Río Cuarto [Tribunal Administrativo de la Municipalidad de Río Cuarto] which …Read more

Tags: Tobacco control, Tobacco regulation
Download Judgment: Spanish

G., M. D. C. v. ACA Salud Cooperativa de Prestación de Servicios Médicos

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: CSJ 2597/2015/CS1
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a suit against ACA Salud Cooperativa de Prestaciones de Servicios Médico Asistenciales Limitada to provide a therapeutic companion and comprehensive coverage for the treatment that she carried out in the Anorexia and Bulimia Prevention Association [Asociación de Lucha contra la Bulimia y la Anorexia – ALUBA]. The Provincial First Instance Court of Necochea …Read more

Tags: Access to health care, Access to treatment, Eating disorder, Health insurance, Health regulation
Download Judgment: Spanish

Porta, Pedro Juán v. Provincia de Buenos Aires

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 891 XXXIX
Health Topics: Medicines, Public safety
Human Rights: Right to property
Facts:

The plaintiff brought the case to the Supreme Court of Justice by original jurisdiction to initiate a declarative action (an preventive action to request the cessation of a state of uncertainty that cause a harm and there is no legal alternative way to end that situation) against the Province of Buenos Aires to declare the …Read more

Tags: Health regulation, Medicines, Public safety
Download Judgment: Spanish

Comunidad Indígena Toba La Primavera – Navogoh v. Provincia de Formosa

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 528. XLVII.
Human Rights: Right to a clean environment, Right to privacy
Facts:

The plaintiff, the leader of the Toba indigenous community – Félix Díaz –  filed a suit with the Supreme Court of Justice (by original jurisdiction) against the province of Formosa for breaching a precautionary measure and to order the cessation of the construction of an Hospital. The precautionary measure prohibited the Province of Formosa to build …Read more

Tags: Indigenous groups, Right to Privacy, Right to self-determination
Download Judgment: Spanish

D., M. A. s/ declaración de incapacidad

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: D 376 XLIX. REX
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Hospitals, Informed consent
Human Rights: Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

The plaintiffs, the legal guardians of their brother, filed a complaint so that the Court order the withdrawal of enteral tube feeding and hydration of their brother that artificially keep him with life. The patient in October 23 of 1994 suffered a car accident that left him in a permanent vegetative state. His representatives based …Read more

Tags: Health regulation, Informed choice, Patient choice, Persistent Vegetative State, Public hospitals, Right to Privacy
Download Judgment: Spanish

P., A. v. Comisión Nacional Asesora para la Integración de las Personas Discapacitadas

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 289. L RHE
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals, Mental health
Human Rights: Right to health, Right to life, Right to social security
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Commission for the Integration of Disabled People [Comisión Nacional Asesora para la Integración de las Personas Discapacitadas] for them to provide the comprehensive coverage of the medical services the plaintiff needed due to her disability. The National Commission argued that …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Disabilities, Health funding, Health regulation, Mental illness, Poor, Social security
Download Judgment: Spanish

Defensoría Pública Oficial v. Provincia de Córdoba et al.

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: FCB 017844/2014/CS1
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Province of Córdoba and the State with Federal court and another guarantee of protection of individual constitutional rights (amparo protection) against the Province of Córdoba with Local Court so that respondents provide comprehensive coverage to the affiliates of the Federal Program …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Health regulation, Social security
Download Judgment: Spanish

Asociación Civil para la Defensa en Ámbito Federal e Internacional de Derechos v. Instituto Nacional de Servicios Sociales para Jubilados y Pensionados

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: CSJ 000721/2007(43-A)/CS1
Health Topics: Aging, Child and adolescent health, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to development, Right to health, Right to life, Right to social security
Facts:

The plaintiff, a Civil Association for the Defense of Rights in the Federal and International Level [Asociación Civil para la Defensa en el Ámbito Federal e Internacional de Derechos – Asociación DE.FE.IN.DER.], filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Institution for Social Security Services for Retiree [Instituto Nacional …Read more

Tags: Access to treatment, Aging, Children, Disabled, Health insurance, Health regulation, Mental illness, Minor, Poor, Right to Health, Right to Life, Right to social security, Social security
Download Judgment: Spanish

Logística La Serenísima S.A. et al. v. Provincia de Mendoza

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: L 238 XLVI
Health Topics: Public safety, Water, sanitation and hygiene
Human Rights: Right to property, Right to work
Facts:

The plaintiffs, Logística La Serenísima S.A, Danone Argentina S.A., Mastellone Hermanos S.A. and Mastellone San Luis brought the case to the Supreme Court of Justice by original jurisdiction to initiate a declarative action (an preventive action to request the cessation of a state of uncertainty that cause a harm and there is no legal alternative way …Read more

Tags: Health regulation, Public safety, Right to Property, sanitation and hygiene
Download Judgment: Spanish

McCullen v. Coakley

Country: United States
Year: 2014
Court: Supreme Court
Citation: 573 U.S. __ (2014)
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression
Facts:

The Commonwealth of Massachusetts amended its Reproductive Health Care Facilities Act (the “Act”), making it a crime to knowingly stand on a “public way or sidewalk” within 35 feet of an entrance or driveway to any abortion clinic. The Act exempted from this prohibition certain individuals, including “employees or agents of such facility acting within the scope …Read more

Tags: Abortion, Abortion counseling, Access to health care, Awareness, Clinics, Counseling, Health care professionals, Health care workers, Health facilities
Download Judgment: English

Burwell v. Hobby Lobby Stores, Inc.

Country: United States
Year: 2014
Court: Supreme Court
Citation: 573 U.S. ___ (2014)
Health Topics: Health systems and financing, Sexual and reproductive health
Human Rights: Freedom of religion
Facts:

The Patient Protection and Affordable Care Act of 2010 (ACA) imposed an obligation on certain employers to provide “‘preventive care and screenings’ for women without ‘any cost sharing requirements.’” Under that law, the Department of Health and Human Services (HHS) imposed a regulation that the preventive care includes 20 types of contraceptives. Four of those …Read more

Tags: Abortion, Birth control, Conscientious objection, Contraception, Contraceptives, Health funding, Health insurance, Health regulation, Out-of-pocket expenditures, Subsidy
Download Judgment: English

Rhoades v. Iowa

Country: United States
Year: 2014
Court: Supreme Court of Iowa
Citation: No. 12-0180
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Facts:

Rhoades was diagnosed with HIV in 1998 and began receiving treatment for the disease from the University of Iowa Hospitals and Clinics every three to six months beginning in 2005. In 2008, Rhoades was informed that his viral load was non-detectible. Later that year, he met A.P. on a social networking cite that listed Rhoades …Read more

Tags: Buggery, Condoms, Disclosure, Gay, HIV, HIV positive, HIV status, Homosexual, Non-disclosure, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs, Transmission
Download Judgment: English

S.C. v. Brazil

Country: Brazil
Year: 2014
Court: Committee on the Rights of Persons with Disabilities
Citation: Communication No. 10/2013; U.N. Doc. CRPD/C/12/D/10/2013
Health Topics: Chronic and noncommunicable diseases, Disabilities
Human Rights: Freedom from discrimination, Right to work
Facts:

A Brazilian national, S.C., worked as a teller at a state-run bank. S.C. was involved in three motorcycle accidents, in 2006, 2007, and 2009. She underwent surgery in 2008 after the second accident. She took medical leave in 2009. Under the bank’s internal policy, she was required to return from medical leave within three months …Read more

Tags: Disabled, Handicapped, Noncommunicable diseases, Physically challenged
Download Judgment: English

Case of Angel Alberto Duque (Report on the merits)

Country: Colombia
Year: 2014
Court: Inter-American Commission on Human Rights
Citation: Report No. 5/14
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to social security
Facts:

Duque and his same-sex partner lived together as a couple for over ten years, until his partner died from AIDS. Four years prior to the death, Duque was diagnosed with HIV and was being treated under support from his partner. When his partner died, Duque asked the COLFONDOS (the pension service) to ask what requirements …Read more

Tags: Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Domestic partnership, Gay, Health expenditures, Health funding, Health spending, HIV, HIV positive, Homosexual, LGBTI, Low income, Out-of-pocket expenditures, People living with HIV/AIDS, PLHIV, Poor, Queer, Sexual orientation, Social security
Download Judgment: English Spanish

I.V. v. Bolivia (Merits)

Country: Bolivia
Year: 2014
Court: Inter-American Commission on Human Rights
Citation: Report No. 72/14, Case 12.655; Merits I.V. BOLIVIA; August 15, 2014
Health Topics: Informed consent, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life, Right to privacy
Facts:

I.V. went to a hospital for a cesarean section and was sterilized by her doctor. She alleged that the only questions that the doctor had asked her before the procedure were where she had her first cesarean section and whether she had previously had an infection. I.V. maintained that she was not given any information …Read more

Tags: Compulsory sterilization, Compulsory treatment, Forced sterilization, Forced treatment, Health care professionals, Informed choice, Involuntary sterilization, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
Download Judgment: English Spanish

Hamilton Health Sciences Corp. v. D.H., et al.

Country: Canada
Year: 2014
Court: Ontario Court of Justice
Citation: 2014 ONCJ 603; 2015 ONCJ 229
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Medicines
Human Rights: Right to bodily integrity
Facts:

The applicant hospital sought a declaration that J.J., an 11-year-old girl, was a child in need of protection under the Child and Family Services Act (“CFSA”). J.J. was diagnosed with acute lymphoblastic leukemia (“ALL”). If treated with chemotherapy, J.J.’s physicians believed that she had a 90-95% chance of being cured. The physicians were not aware …Read more

Tags: Cancer, Children, Indigenous groups, Indigenous medicine, Leukemia, Minor, Pediatric health, Traditional medicine
Download Judgment: English

Hall v. Florida

Country: United States
Year: 2014
Court: Supreme Court
Citation: 572 U.S. ___ (2014); 134 S.Ct. 1986
Health Topics: Disabilities, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The petitioner and his accomplice kidnapped, beat, raped, and murdered a pregnant woman before driving to a convenience store, which they planned to rob. In the parking lot of the store, they killed a sheriff’s deputy who attempted to apprehend them. The petitioner received the death penalty for both murders. He argued that he could …Read more

Tags: Cruel and unusual punishment, Execution, Mental competence, Mental retardation
Download Judgment: English

R. v. Hutchinson

Country: Canada
Year: 2014
Court: Supreme Court of Canada
Citation: 2014 SCC 19
Health Topics: Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity
Facts:

The complainant agreed to sexual activity with Mr. Hutchinson, and insisted on him using a condom to prevent her from getting pregnant. However, Mr. Hutchinson poked holes in the condom and the complainant became pregnant. The complainant stated that she did not consent to unprotected sex. Mr. Hutchinson was charged with aggravated sexual assault. The …Read more

Tags: Birth control, Contraception, Contraceptives, Pregnancy, Sexual assault
Download Judgment: English

K., C. N. v. OSECAC

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: K. 12. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights protection (amparo protection) against the Health Insurance of Commerce and Civil Activities Employees (Obra Social de los Empleados de Comercio y Actividades Civiles – OSECAC) to condemn coverage of all expenditures that could arise from reproductive assisted therapy in the egg donation process. The First …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Health funding, Health insurance, Health regulation
Download Judgment: Spanish

V., C. G. v. I. A. P. O. S.

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: V. 118. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life, Right to social security
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the IAPOS (Instituto Autárquico Provincial de Obras Sociales) to provide coverage for all expenditures that could arise from a reproductive assisted treatment and to cover the amounts paid for such treatment. The First Instance Civil and Commercial Court granted the amparo protection. …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Assisted reproductive technology, Health regulation, Health spending, Pregnancy
Download Judgment: Spanish

B., A. S. et al. v. DIBA

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 280. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Security and Health Office of the Navy [DIBA – Dirección de Salud y Acción Social de la Armada] to condemn coverage for all expenditures that could arise from a reproductive assisted treatment in the PROAR Medical Institute, limiting the …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, sexual and reproductive rights
Download Judgment: Spanish