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208 judgments found.


Case 43/PUU-IX/2011

Country: Indonesia
Year: 2011
Court: Constitutional Court
Health Topics: Health information, Tobacco
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The Plaintiffs challenged Indonesian legislative provisions regulating health warnings on cigarette packaging. The impugned provision, Article 114 of Law No. 36 of 2009 Concerning Health (the Law), required health warnings on all cigarette packaging. The Explanation Provision in the legislation defined such a health warning as one that was easily readable, and one that “may” …Read more

Tags: Advertising, Awareness, Disclosure, Health care professionals, Health education, Health promotion, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Indonesian

Case 822 K/Pid.Sus/2010

Country: Indonesia
Year: 2011
Court: Supreme Court
Health Topics: Chronic and noncommunicable diseases, Health information, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Freedom of association, Freedom of expression, Right to due process/fair trial
Facts:

On 7 August 2008, the Defendant, Prita Mulyasari, arrived at Omni International Hospital in Tangerang with symptoms of a fever and dizziness. She was then admitted, and through a series of unfortunate events, ended up receiving unnecessary medication and incorrect lab results under the care of Dr. Hengky. Her condition significantly worsened after an incorrect …Read more

Tags: Awareness, Criminalization, Dengue, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Misdiagnosis, Negligence, Noncommunicable diseases, Patient choice, Public hospitals
Download Judgment: English Indonesian

Case 212 K/Pid.Sus/2011/PN.Pso

Country: Indonesia
Year: 2011
Court: Poso District Court
Health Topics: Sexual and reproductive health
Facts:

The Defendant, Rahima S. Borahima, a doctor, had been approached by Ismawati Lakadjo on 16 April 2011, who requested that the Defendant help her abort her pregnancy. Lakadjo was 20-22 weeks pregnant, and was not yet married to her boyfriend because they were waiting until they had enough money. Lakadjo testified that she had been …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Criminalization, Health care professionals, Health care workers, Termination of pregnancy
Download Judgment: English

Court on Its Own Motion v. Union of India

Country: India
Year: 2011
Court: High Court - Delhi
Citation: W.P.(C) 5913/2010
Health Topics: Health care and health services, Health information, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The Delhi High Court made its own motion because of a newspaper report about a destitute woman who died on a busy street while giving birth to a baby girl. The girl had been struggling for life at a foster home named Udayan which was located in Delhi. The Court had subsequently issued directions to …Read more

Tags: Access to health care, Access to treatment, Awareness, Childbirth, Health care professionals, Health care workers, Health education, Health facilities, Health promotion, Indigent, Low income, Maternal health, Maternal mortality, Poor, Pregnancy, Underprivileged
Download Judgment: English

Turdukan Zhumbaeva v. Kyrgyzstan

Country: Kyrgyzstan
Year: 2011
Court: United Nations Human Rights Committee
Citation: Communication No. 1756/2008
Health Topics: Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

On 24 October 2004, TM and his wife were in custody at the local police station on a public disturbance charge following an argument in the street. While in police custody, TM died, and there was a dispute of fact as to how his death occurred. The ambulance doctor who attended the scene testified that …Read more

Tags: Abuse, Assault, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Inhuman treatment, Jail, Law enforcement, Police, Suicide, Torture
Download Judgment: English

Case 57/PUU-VIII/2010

Country: Indonesia
Year: 2011
Court: Constitutional Court
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom from discrimination, Right to a clean environment, Right to health, Right to housing, Right to life, Right to social security, Right to work
Facts:

On April 3, 2010, the Indonesian Government filed the Budget Amendment Bill of 2010 in Parliament. On May 3, 2010, a Plenary Session of the House of Representatives passed an amendment to the National Budget entitled Law No. 2 of 2010 Concerning the Amendment to Law No. 47 of 2009 Regarding the National Budget for …Read more

Tags: Access to health care, Access to treatment, Budget, Health expenditures, Health facilities, Health funding, Health promotion, Health spending, Indigent, Low income, Poor, Underprivileged
Download Judgment: English Indonesian

Dr. Chau Kwok on Gordon and Others v. The Medical Council of Hong Kong

Country: China
Year: 2011
Court: Court of Appeal
Citation: [2011] HKCA 44; CACV 63/2006
Health Topics: Health information
Human Rights: Freedom of expression
Facts:

A group of doctors appealed from a decision by a Medical Council of Hong Kong finding them guilty of  failing to ensure that a reference made to the doctors in a magazine article was not promotional, contrary to the Professional Code and Conduct for the Guidance of Registered Medical Practitioners (”Professional Code”). In 2003, a …Read more

Tags: Advertising, Awareness, Disclosure, Freedom of information, Health care professionals, Health education, Health promotion
Download Judgment: English

Dr. Ajith C.S. Perera v. Attorney General and Others

Country: Sri Lanka
Year: 2011
Court: Supreme Court
Citation: S.C. (FR) No. 221/2009
Health Topics: Disabilities
Human Rights: Freedom from discrimination
Facts:

This case was filed by the Secretary General of IDIRIYA, Dr. Ajith C.S. Perera. IDIRIYA is a non- profit organization advocating for disability-related access issues. The Act for the Protection of the Rights of Persons with Disabilities Act, No. 28 of 1996, together with the Disabled Persons (Accessibility) Regulations, No.1 of 2006, specify the manner …Read more

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

Grand Justices Interpretation No. 690

Country:
Year: 2011
Court: Grand Justices Council
Citation: Judicial Yuan Interpretation No. 690 (Grand Justices Council Sept. 30, 2011) (Taiwan).
Health Topics: Hospitals, Infectious diseases, Public safety
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

According to Article 37 of the Communicable Disease Control Act, revised January 30, 2002, “Any person who had physical contacts with patients of contagious diseases, or suspected of being infected, shall be detained and checked by the competent authority, and if necessary, shall be ordered to move into designated places for further examinations, or to take …Read more

Tags: Custody, Detention, Infectious diseases
Download Judgment: English Chinese

Chu Yee Wah v. Director Of Environmental Protection

Country:
Year: 2011
Court: The High Court of the Hong Kong Special Administrative Region Court of Appeal
Citation: [2011] HKCA 217; [2011] 5 HKLRD 469; [2012] 1 HKC 35; CACV 84/2011
Health Topics: Environmental health
Human Rights: Right to a clean environment
Facts:

This case addressed the issue of whether Hong Kong’s Director of Environmental Protection (the ͞Director) had the authority to approve an environmental impact assessment (the ͞EIA) of certain proposed Hong Kong-Zhuhai-Macau Bridge projects (the ͞HKZMB Projects) if the EIA did not contain a quantitative stand-alone analysis of the projected environmental impact of the HKZMB Projects. …Read more

Tags: Air pollution, Environmental hazard, Industrial waste, Water pollution
Download Judgment: English

Premlata v. Government of NCT Delhi

Country: India
Year: 2011
Court: High Court of Delhi
Citation: W.P. (C) 7687/2010 & CM APPL 6265/2011
Health Topics: Diet and nutrition, Poverty
Human Rights: Freedom from discrimination, Right of access to information, Right to food, Right to life, Right to social security
Facts:

The issues presented in this case involved citizens living in poverty and the gaps in essential services provided by the government. The first issue was the availability of cash assistance to new mothers. The petitioners alleged that, per past orders of the Supreme Court, benefits should be made available to them under both the National …Read more

Tags: Advertising, Awareness, Budget, Food, Health expenditures, Health funding, Health spending, Hunger, Indigent, Low income, Poor, Starvation, Underprivileged
Download Judgment: English

Case 2975 K/Pdt/2009

Country: Indonesia
Year: 2010
Court: Supreme Court
Health Topics: Child and adolescent health, Diet and nutrition, Health information, Infectious diseases, Public safety
Human Rights: Right of access to information
Facts:

The plaintiff was the father of two children whose second child was breastfed for the first 6 months and then was switched to a milk formula. In 2008, the Bogor Agricultural Institution published research that there were a number of infant formulas which were contaminated by enterobactersakazakii bacteria which could cause enteritis, sepsis and meningitis. …Read more

Tags: Awareness, Children, Disclosure, Food, Food poisoning, Food safety, Food-borne diseases, Freedom of information, Infant health, Meningitis, Minor, Non-disclosure, Pediatric health, Safety regulation
Download Judgment: English Indonesian

Payel Sarkar v. Central Board of Secondary Education and Ors

Country: India
Year: 2010
Court: High Court of Calcutta
Citation: AIR 2010 Calcutta 74
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Mental health
Facts:

The Petitioner, a student, was not allowed to sit for the All India Senior School Certificate Examination because of frequent absences from school. The Court accepted that her poor attendance record was attributable to a “special learning disability.” A provision in the school by-laws allowed for exemptions from school attendance policies for blind, physically handicapped …Read more

Tags: Blind, Child development, Children, Disabled, Examination, Handicapped, Health care professionals, Health care workers, Physically challenged, Psychiatry
Download Judgment: English

Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors

Country: India
Year: 2010
Court: High Court - Delhi
Citation: [2010] INDLHC 2983
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Right to food, Right to health, Right to life
Facts:

This case deals with two petitions, Laxmi Mandal v. Deen Dayal Hari Nagar Hospital and Jaitun v. Maternity Home, MCD, Jungpura. Shanti Devi, Laxmi Mandal’s (the Petitioner) sister, died shortly after giving birth to a premature baby. This was her sixth pregnancy. The previous pregnancy ended in miscarriage. Shanti Devi was not provided with any …Read more

Tags: Children, Family planning, Infant health, Infant mortality, Malnutrition, Maternal health, Maternal mortality, Minor, Public hospitals
Download Judgment: English

Hin Lin Yee and Another v. Hksar

Country: China
Year: 2010
Court: Court of Final Appeal of the Hong Kong Special Administrative Region
Citation: FACC No. 7 of 2009
Health Topics: Medical malpractice, Medicines
Facts:

The First Appellant was a medical practitioner who, on four separate occasions, prescribed medicine that was unfit for human use as it had been contaminated with isopropyl alcohol. The Second Appellant (the First Appellant’s assistant) had, on one of those occasions, finalized the prescription of the medicine and transferred it to the patient for payment. …Read more

Tags: Drug quality, Drug safety, Duty of care, Health care professionals, Health care workers, Inappropriate treatment, Negligence, Standard of care
Download Judgment: English

HKSAR v Asaduzza

Country: China
Year: 2010
Court: Hong Kong Special Administrative Region Court of Appeal
Citation: [2010] HKCFI 431
Health Topics: Diet and nutrition, Infectious diseases, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to property
Facts:

The appellant, Asaduzzaman, was charged with contravening s.30AA of the Food Business Regulation, Cap. 132, which prohibits a permittee of a fresh provision shop license from allowing live poultry on the premises between 8:00PM of each day to 5:00AM the next day. On the evening of 4 September 2008, Asaduzzaman took four live chickens from …Read more

Tags: Avian influenza, Cleanliness, Food, Food safety, Food-borne diseases, Safety regulation
Download Judgment: English

Claimants v Fonterra Brands (China) Limited

Country: China
Year: 2010
Court: The Small Claims Tribunal, Hong Kong Special Administrative Region
Citation: SCTC15980/10; SCTC15981/10; SCTC15982/10; SCTC15983/10
Health Topics: Child and adolescent health, Diet and nutrition
Human Rights: Right of access to information, Right to bodily integrity, Right to food
Facts:

The claimants, residents of Mainland China, were parents and their children who suffered physical injuries from consuming contaminated dairy products. The claimants sought monetary compensation from the defendant, from whom they had purchased the contaminated products. The defendant is a 43% material shareholder of Sanlu Group, the manufacturer and distributor of the products. The claimants …Read more

Tags: Child and adolescent health: Child development, Children, Compensation, Diet and nutrition: Food safety, Duty of care, Infant health, Minor, Negligence, Remedies, Tort
Download Judgment: English

World Lung Foundation South Asia v. Ministry of Health and Family Welfare

Country: India
Year: 2010
Court: High Court of Delhi at New Delhi
Citation: W.P.(C) 7540/2010
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Tobacco
Human Rights: Right to a clean environment, Right to health
Facts:

The petitioner contended that despite the Tobacco Act of 2013, which prohibits the sale of tobacco near school premises, the same was occurring. He also stated that due to the availability of tobacco products, adolescents were falling prey to the ill effects of smoking and suffered from various diseases. The petitioner stated that the tobacco …Read more

Tags: Asthma, Children, Lung disease, Minor, Passive smoking, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

Chow Chui Fong Candy and Another v. The Director of Lands

Country:
Year: 2010
Court: High Court of the Hong Kong Special Administrative Region Court of First Instance Constitutional and Administrative Law
Citation: [2010] HKCFI 808; HCAL 99/2010
Human Rights: Right to health, Right to housing
Facts:

A number of different applicants opposed the Government’s order to resume their land. In 2009 the HK Government made an order for the resumption of various plots of land in Tsz Tin Tsuen as the land was needed for public housing. The plots were held by way of lots granted under a Block Crown Lease …Read more

Tags: right to housing
Download Judgment: English

Maternity Clinic Nursing Home at Pipulpati Chinsurah v. Saikat Shom

Country: India
Year: 2010
Court: National Consumer Disputes Redressal Commission
Citation: Disputes Redressal Commission (NCDRC), REVISION PETITION NO. 204 OF 2006.
Health Topics: Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Facts:

Mahua Shom went to a nursing home’s maternity clinic to deliver her child. She was admitted at 8:30 am on August 25, 1997 to a clinic belonging to the wife of Dr. S.B. Mondal, a gynecologist. Despite her emergency condition, she was not seen by physicians until 4:00 pm, when a treating doctor completed delivery …Read more

Tags: Access to health care, Childbirth, Clinics, Compensation, Damages, Eclampsia, Emergency care, Health facilities, Healthcare professionals Health care workers, Inadequate care, Inappropriate treatment, Maternal health, Maternal mortality, Negligence, Pregnancy
Download Judgment: English

Suchita Srivastava v. Chandigarh Administration

Country: India
Year: 2009
Court: Supreme Court
Citation: (2009) 14 SCR 989
Health Topics: Informed consent, Mental health, Poverty, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to family life, Right to liberty and security of person, Right to life, Right to privacy
Facts:

The matter pertained to a 19-20 year old, “mentally retarded”, woman (the victim) whose mental capacity was that of a nine year old. She was living in a welfare institution (the Institution) established by the Chandigarh Administration, having previously lived in a government institute for mentally retarded children. She became pregnant while living in the …Read more

Tags: Abortion, Forced abortion, Mental retardation, Non-consensual testing and treatment, Rape
Download Judgment: English

A. Arul v. State of Tamil Nadu

Country: India
Year: 2009
Court: High Court - Madras
Citation: Writ Petition No.496 OF 2005
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

A. Arul, the Petitioner, was a government employee who incurred medical expenses as a result of surgery for his wife. The Petitioner had previously contributed to the Government Employees Health Fund, which was set up to extend grants to remedies not available in the government hospital. The State of Tamil Nadu and others Respondents, failed …Read more

Tags: Access to treatment, Private hospitals, Public hospitals, Reimbursement
Download Judgment: English

Roma Drug, et al. v. Glaxo SmithKline, et al.

Country: Philippines
Year: 2009
Court: Supreme Court
Citation: G.R. No. 149907
Health Topics: Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to property
Facts:

The National Bureau of Investigation (NBI) and the Bureau of Food and Drugs (BFAD) raided Roma Drug and five other drug stores at the request of SmithKline Beecham Research Limited (SmithKline), the authorized local distributor for its London-based parent company. In the raid, the NBI and BFAD seized several imported medicines sold by the drug …Read more

Tags: Access to drugs, Access to medicines, Clinical testing, Clinical trials, Drug quality, Drug safety, Drug testing, Generic drugs, Indigent, Intellectual property, Low income, Manufacturing, Patents, Pharmaceuticals, Poor, Spurious medicines, TRIPS
Download Judgment: English

Bangladesh National Women Lawyers Association (BNWLA) v. Government of Bangladesh, et al.

Country: Bangladesh
Year: 2009
Court: High Court
Citation: Bangl. Nat'l Women Lawyers Ass'n. v. Government of Bangl. & Ors., WP 5916 of 2008 (2008) (Bangl.).
Health Topics: Child and adolescent health, Mental health, Occupational health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The Bangladesh National Women Lawyers Association (BNWLA) filed a writ petition against the Government, seeking urgent steps to be taken to prevent sexual harassment against women at the place of work or study. On the date the petition was filed, there existed no legislative provisions protecting women from abusive behavior by men in high-level positions …Read more

Tags: Child development, Children, Job safety, Minor, Sexual harassment
Download Judgment: English

Naz Foundation v. Government of NCT of Delhi, et al.

Country: India
Year: 2009
Court: High Court - Delhi
Citation: (2009) DLT 27
Health Topics: HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

Overruled by Suresh Kumar Koushal and Anor. v. Naz Foundation and Ors. Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of …Read more

Tags: Condoms, Criminalization, Gay, Gender identity, Homosexual, Injecting drug users, Lesbian, LGBTI, Queer, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs
Download Judgment: English

Veena Bhatia v. Department of Telecommunication, et al.

Country: India
Year: 2009
Court: Central Administrative Tribunal - Delhi
Citation: T.A. No.606/2009
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Facts:

Veena Bhatia was an employee of the respondents. In her 35th week of pregnancy, she delivered her child prematurely. The doctor performed an emergency lower segment caesarian section (LSCS) because of fetal distress and antepartum hemorrhage. A normal delivery was not an option because the baby would have died and the mother would have hemorrhaged …Read more

Tags: Access to healthcare, Caesarian, Childbirth, Emergency care, Health expenditures, Health funding, Health spending, Maternal health, Pregnancy, Reimbursement
Download Judgment: English

Tolipkhuzhaev v. Uzbekistan

Country: Uzbekistan
Year: 2009
Court: United Nations Human Rights Committee
Citation: Comm. No. 1280/2004, U.N. Doc. CCPR/C/96/D/1280/2004 (HRC 2009)
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 case is about the failure of the State, which was party to International Covenant on Civil and Political Rights (“ICCPR”) and its Optional Protocol, to ensure the individuals’ rights to a fair trial (Article 14), the right to life (Article6), the rights of detainees (Article 10), and freedom from torture and other ill-treatment (Article …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Law enforcement, Police, Torture
Download Judgment: English

All India Lawyers Union v. Government of NCT of Delhi and Others

Country: India
Year: 2009
Court: High Court - Delhi
Citation: WP(C) No.5410/199
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to health, Right to life
Facts:

In 1986, the Delhi Capital Government (“GNCTD”) decided to convert the vacant Players’ Building into a multi-specialty hospital on a ‘no profit, no loss’ basis and invited offers from private institutions. GNTCD issued a notice stating that the vacant building along with the land was to be made available free of cost provided that the …Read more

Tags: Access to health care, Health facilities, Health funding, Health spending, Indigent, Low income, Out-of-pocket expenditures, Poor, Private hospitals, Public hospitals, Secondary care, Subsidies, Underprivileged
Download Judgment: English

K.K. Kharbanda v. Union of India and Ors

Country: India
Year: 2009
Court: High Court - Delhi
Citation: [2009] INDLHC 940
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Petitioner, a government employee, submitted claims for (a) reimbursement for his wife’s cancer treatment prior to the 2003 date on which the Export Inspection Council (the “Council”) determined that certain Special Diseases, including cancer, would be exempted from a 3,600 rupee ceiling on reimbursement. The Council had not revised the rates since 1989;  (b) certain …Read more

Tags: Access to treatment, Cancer, Health care technology, Private hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Peter Paul Patrick Lucas, et al. v. Dr. Prospero Ma. C. Tuaño

Country: Philippines
Year: 2009
Court: Supreme Court of Philippines
Citation: [2009] PHSC 420
Health Topics: Health care and health services, Medical malpractice
Human Rights: Right to health
Facts:

The petitioner, Peter Lucas first consulted the respondent, Dr. Tuano who was an ophthalmologist, for treatment of soreness and redness in his right eye. The respondent, after a series of examinations found that Peter was suffering from conjunctivitis and prescribed Spersacet-C eye-drops. However, after a few days Peter’s eye condition worsened and he approached the …Read more

Tags: Compensation, Damages, Duty of care, Examination, Inappropriate treatment, Medical malpractice, Medical negligence, Misdiagnosis, Standard of care, Tort
Download Judgment: English