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4 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
Download Judgment: English

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
Download Judgment: English

Advocate Achyut Prasad Kharel v. Government of Nepal

Country: Nepal
Year: 2008
Court: Supreme Court
Citation: Writ No. 3352 of the year 2061 BS (2004 AD)
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to bodily integrity, Right to health, Right to life
Facts:

The petition challenged clause (1) of  No. 28B of the Chapter on Life in the National Code which provided that “a health worker attaining the qualification as prescribed, may, with the consent of the concerned pregnant women, remove her fetus within 12 weeks of conception” (the Clause). The Petitioner contended that this was contrary to …Read more

Tags: Abortion, Health care professionals, Health care workers, Pregnancy, Spousal consent, Spousal notification, Termination of pregnancy
Download Judgment: English

Advocate Sapana Pradhan Malla v. Prime Minister

Country: Nepal
Year: 2007
Court: Supreme Court
Citation: Writ No. 3561 of the year 2063 B. S (2006)
Health Topics: Child and adolescent health, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to due process/fair trial, Right to education, Right to health, Right to life, Right to privacy, Right to property, Right to work
Facts:

The Forum for Women, Law and Development, the Petitioner, was an organization working with vulnerable communities such as women, children and people living with HIV/AIDS (PLHIVA). Although the right to privacy was guaranteed under Article 28 of the Interim Constitution, 2007, there were no legal provisions safeguarding the privacy of women, children, or PLHIVA (the …Read more

Tags: Abortion, AIDS, Children, Domestic abuse, Domestic violence, HIV positive, HIV status, Minor, Pediatric health, People living with HIV/AIDS, PLHIV, Pregnancy, Sexual assault, Sexual harassment, Sexual violence, Termination of pregnancy, Violence against women
Download Judgment: English

Advocate Prakash Mani Sharma v. Government of Nepal and Others

Country: Nepal
Year: 1999
Court: Supreme Court
Citation: Writ No.064 WO 0230
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

Under Article 20(2) of the Interim Constitution 2063 in Nepal, every woman in Nepal had the fundamental right to reproductive health. However, there were no effective health services addressing the issue of uterine prolapse, a serious ailment affecting nearly 600,000 women in Nepal. The Petitioners, among others, Pro-Public, an organization working in the area of …Read more

Tags: Abortion, Access to health care, Access to treatment, Awareness, Budget, Child development, Child mortality, Childbirth, Children, Diet, Family planning, Food, Health care workers, Health education, Health expenditures, Health funding, Health promotion, Health spending, Infant health, Infant mortality, Malnutrition, Maternal health, Maternal mortality, Miscarriage, Pediatric health, Poor, Pregnancy, Primary care, Termination of pregnancy, Underprivileged, Unsafe abortion
Download Judgment: English

Suray Prasad Sharma Dhungel v. Godavari Marble Industries and Others

Country: Nepal
Year: 1995
Court: Supreme Court
Citation: Writ No. 35 of the year 2049 B.S (1992)
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom of association, Right to a clean environment, Right to health, Right to liberty and security of person, Right to life, Right to property
Facts:

The Petitioner, Legal and Environmental Analysis for Development and Research Services (Pvt.) Ltd. (LEADERS Inc) was a company that conducted research on environmental issues and promoted conservation. One of the Respondents, Godavari Marble Industries, was engaged in marble masonry. The Petitioner contended that the activities of the Respondent, including blasting and mining, were causing severe …Read more

Tags: Air pollution, Clean water, Contamination, Drinking water, Environmental degradation, Environmental hazards, Pollution, Potable water, Safe drinking water, Water pollution
Download Judgment: English