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717 judgments found.
Country:
Armenia Year: 2013
Court: Civil Court of Appeal [Հայաստանի Հանրապետության Վերաքննիչ քաղաքացիական դատարան]
Citation: Case № ԵԱՆԴ/0895/02/13
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Mental health Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: The appellant, Zhuleta Amarikyan, was compulsorily committed to inpatient psychiatric treatment on the request of the head of the psychiatric clinic. Amarikyan was diagnosed with acute delirium syndrome and was described as being a danger to herself and others and unable to control her actions. At the time of the trial of Amarikyan’s commitment, Amarikyan …Read more
Tags: Clinics,
Compulsory commitment,
Compulsory confinement,
Compulsory examination,
Compulsory treatment,
Diagnostics,
Forced examination,
Forced treatment,
Health care professionals,
Health care workers,
Health facilities,
Incapacity,
Incompetence,
Insanity,
Involuntary confinement,
Involuntary examination,
Involuntary treatment,
Mandatory commitment,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Non-consensual testing and treatment,
Patient choice,
Public hospitals
Country:
Ukraine Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Hospitals,
Medical malpractice,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to life Facts: The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more
Tags: Access to health care,
Access to treatment,
AIDS,
Custody,
Detainee,
Detention,
Diagnostics,
Duty of care,
Emergency care,
Examination,
Health care professionals,
Health care workers,
Health records,
HIV,
HIV positive,
HIV status,
Inadequate treatment,
Inappropriate treatment,
Medical records,
Misdiagnosis,
Negligence,
People living with HIV/AIDS,
Police,
Public hospitals,
Remedies,
Standard of care,
Testing,
Trauma
Country:
Russia Year: 2013
Court: European Court of Human Rights
Citation: Application No. 33117/02; [2013] ECHR 63
Health Topics:
Informed consent,
Mental health Human Rights: Right to family life,
Right to liberty and security of person Facts: Lashin, a Russian citizen, was diagnosed with schizophrenia, given a 2nd degree disability status, and hospitalised multiple times. A hospital examination concluded that Lashin was incapable of understanding the meaning of his actions and unable to control them. Following an application by the public prosecutor, the District Court of Omsk declared Lashin legally incapacitated at …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Involuntary commitment,
Involuntary confinement Mental disorder,
Mental illness,
Mental institution Schizophrenia
Country:
Romania Year: 2013
Court: European Court of Human Rights
Citation: Application No.8759/05
Health Topics:
Health care and health services,
Health information,
Hospitals,
Sexual and reproductive health Human Rights: Right to privacy Facts: The applicant, Ms. Julia Kinga Csoma, alleged that her gynecologist had committed “grievous unintentional bodily harm and negligence” due to serious medical errors in her treatment. Csoma became pregnant in January 2002. Her pregnancy was monitored by a gynecologist at the town hospital where Csoma worked as a nurse. The fetus was diagnosed with hydrocephalus, …Read more
Tags: Abortion,
Abortion technique,
Damages,
Diagnostics,
Duty of care,
Health care professionals,
Health care workers,
Health facilities,
Health records,
Infertility,
Informed choice,
Medical records,
Negligence,
Non-consensual testing and treatment,
Non-pecuniary damage,
Patient choice,
Public hospitals,
Remedies,
Sterilization,
Termination of pregnancy,
Tort
Country:
Moldova Year: 2013
Court: European Court of Human Rights
Citation: Application No. 16761/09
Health Topics:
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life Facts: Plaintiffs in this case were husband and wife. When G.B. was giving birth at the Stefan-Vodă regional hospital, a state-owned regional hospital, the head of the obstetrics and gynecology department preformed a Caesarean section on her and removed her ovaries and Fallopian tubes without obtaining her permission. As a result, G.B. suffered early menopause and …Read more
Tags: Caesarian,
Childbirth,
Compensation,
Compulsory sterilization,
Damages,
Forced sterilization,
Health care professionals,
Health care workers,
Health facilities,
Involuntary sterilization,
Negligence,
Non-consensual testing and treatment,
Non-pecuniary damages,
Pregnancy,
Public hospitals,
Remedies,
Sterilization,
Tort,
Unauthorized treatment
Country:
United Kingdom Year: 2013
Court: European Court of Human Rights
Citation: Application No. 17299/12
Health Topics:
Health care and health services,
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: The applicant was a man suffering from severe paranoid schizophrenia. He was indicted in the United State as a co-conspirator in an effort to establish a jihad training camp in Oregon. At the time of trial, the applicant was detained in a hospital in the UK and was subject to an extradition request made by …Read more
Tags: Access to health care,
Access to treatment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Isolation,
Jail,
Mental illness,
Prison conditions,
Schizophrenia,
Solitary confinement,
Terrorism
Country:
Serbia Year: 2013
Court: European Court of Human Rights
Citation: Application No. 21794/08; [2013] EHCR 21794/08.
Health Topics:
Child and adolescent health,
Health information,
Hospitals Human Rights: Right of access to information,
Right to family life Facts: This case is about the Serbian government’s response to the “missing babies” of the 1970s, 1980s, and 1990s. In 1983, Zorica Jovanovic gave birth to a healthy baby boy in a state-run hospital. Three days later, while still in the hospital, she was informed that he had died. She never saw him again. When she …Read more
Tags: Child mortality,
Freedom of information,
Health records,
Infant health,
Infant mortality,
Medical records,
Public hospitals,
Secrecy
Country:
Russia Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28796/07
Health Topics:
Informed consent,
Mental health Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: Applicant, Petukhova, argued that she was deprived of her liberty when she was forced to have an involuntary examination. She alleged that this violated Article 5 § 1 (b) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”), which protects the right to liberty and security of person. In December 2005, …Read more
Tags: Compulsory examination,
Forced examination,
Informed consent,
Involuntary commitment,
Involuntary confinement,
Involuntary examination,
Mandatory examination,
Mental competence,
Mental disorder,
Mental health,
Mental illness,
Paranoia,
Patient choice,
Schizophrenia
Country:
Poland Year: 2013
Court: European Court of Human Rights
Citation: Application No. 46132/08
Health Topics:
Health information,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to family life,
Right to life,
Right to privacy Facts: The applicant’s pregnant daughter died in 2004 of septic shock at Barlicki Hospital in Poland. The applicant alleged her daughter’s death was caused by negligence and filed claims under the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”) for violation of her daughter’s rights to life under Article 2, to freedom from …Read more
Tags: Abortion,
Conscientious objection,
Degrading treatment,
Disclosure,
Duty of care,
Health care professionals,
Health records,
Inadequate treatment,
Maternal health,
Maternal mortality,
Medical records,
Negligence,
Pregnancy; Termination of pregnancy,
Standard of care
Country:
Poland Year: 2013
Court: European Court of Human Rights
Citation: Application No. 57375/08
Health Topics:
Health care and health services,
Health information,
Sexual and reproductive health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to family life,
Right to liberty and security of person,
Right to privacy Facts: The Applicants were a Polish girl who was raped at the age of 14, resulting in pregnancy, and her mother. The applicants alleged that, when they sought an abortion, which is legal under Polish law for pregnancy resulting from rape, hospital staff attempted to dissuade the girl from having an abortion. At one hospital, she …Read more
Tags: Abortion,
Abortion counseling,
Access to health care,
Access to treatment,
Confidentiality,
Conscientious objection,
Counseling,
Disclosure,
Medical records,
Non-disclosure,
Parental consent,
Pregnancy,
Public hospitals,
Rape,
Secrecy,
Sexual abuse,
Sexual violence,
Termination of pregnancy
Country:
United Kingdom Year: 2013
Court: Court of Appeal, Queen’s Bench Division
Citation: [2013] EWCA Civ 961
Health Topics:
Disabilities,
Health care and health services Human Rights: Right to bodily integrity,
Right to life,
Right to privacy Facts: Martin suffered a stroke in 2008 leaving him unable to move or speak. He was completely dependent on his family and spent almost all of his time in bed. The effects of his stroke were permanent. Because of his disabilities, he was not able to take his own life. He had attempted to end his …Read more
Tags: Assisted suicide,
Criminalization,
Disabled,
Handicapped,
Health care professionals,
Health care workers,
Informed choice,
Palliative care,
Patient choice,
Physically challenged,
Suicide
Country:
Turkey Year: 2013
Court: European Court of Human Rights
Citation: Application No. 13423/09
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to life Facts: The first applicant’s wife and second applicant’s mother, Menekse Senturk, was 34 weeks pregnant when she began experiencing pain. The first applicant took Mrs. Senturk to the Karsiyaka Public Hospital, the Izmir Public Hospital, the Ataturk Research and Teaching Hospital, and the Ege University Medical Faculty Hospital over the course of the day. Only at …Read more
Tags: Access to health care,
Access to treatment,
Duty of care,
Emergency care,
Inadequate treatment,
Inappropriate treatment,
Maternal mortality,
Miscarriage,
Negligence,
Out-of-pocket expenditures,
Patient choice,
Pregnancy,
Private hospitals,
Standard of care
Country:
Romania Year: 2013
Court: European Court of Human Rights
Citation: Application No. 1285/03
Health Topics:
Disabilities,
Informed consent,
Mental health Human Rights: Right to family life,
Right to privacy Facts: The applicant, M.B., filed a complaint with the European Court of Human Rights for a violation of (1) laws concerning compulsory admission to psychiatric hospitals and (2) laws concerning decisions in child-rearing where the parent or guardian’s mental capacity is in question. M.B. was diagnosed in 2000 with paranoid schizophrenia. As a result of her …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Compulsory examination,
Counselling,
Disabled,
Forced examination,
Handicapped,
Incapacity,
Incompetence,
Informed choice,
Involuntary commitment,
Involuntary confinement,
Involuntary examination,
Mandatory commitment,
Mandatory confinement,
Mandatory examination,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Paranoia,
Patient choice,
Schizophrenia
Country:
Ukraine Year: 2013
Court: The European Court of Human Rights
Citation: [2013] ECHR 442
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Medicines,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to liberty and security of person Facts: The Applicant Barilo, long-afflicted by diabetes mellitus and other chronic illnesses was detained by the Government of Ukraine. She alleged that she was deprived of her liberty in contravention of the European Convention on Human Rights, particularly Articles 3, 5, and 13. In June 2006, Barilo was arrested on charges instituted three days earlier by …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Degrading treatment,
Detainee,
Detention,
Diabetes,
Examination,
Health facilities,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhumane treatment,
Noncommunicable diseases,
Testing
Country:
Russia Year: 2013
Court: The European Court of Human Rights
Citation: ECHR 171 (2013)
Health Topics:
Health information,
Hospitals,
Informed consent Human Rights: Freedom from discrimination,
Freedom of religion,
Right to privacy Facts: The applicant organization is a religious organization. Another organization wrote to the Russian president accusing the applicant organization of extremism and that an inquiry must be ensued into their activities. The letter was forwarded to the Prosecutor’s office and no violation was found. However, the applicant organization was not given access to the filed concerning …Read more
Tags: Clinics,
Confidentiality,
Disclosure,
Freedom of information,
Health data,
Health records,
Medical records,
Private hospitals,
Public hospitals,
Secrecy
Country:
Turkey Year: 2013
Court: The European Court of Human Rights
Citation: Application No. 13423/09
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Hospitals,
Medical malpractice,
Medicines,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to health,
Right to life Facts: The first applicant took his pregnant wife to the Izmir Pubic Hospital. A midwife examined his wife and the duty gynecologist was not called. As the applicant’s wife was experiencing continuous pain, he took her to another hospital- Atatruk Research and Teaching Hospital. An Assistant Doctor examined her and thereafter referred her to the Urology …Read more
Tags: Access to health care,
Access to treatment,
Child mortality,
Childbirth,
Children,
Clinics,
Diagnostics,
Duty of care,
Emergency care,
Examination,
Health expenditures,
Health facilities,
Health funding,
Inadequate treatment,
Inappropriate treatment,
Maternal health,
Maternal mortality,
Midwifery,
Misdiagnosis,
Negligence,
Pharmaceuticals,
Private hospitals,
Public hospitals
Country:
Norway Year: 2013
Court: The European Court of Human Rights
Citation: Applications nos. 52806/09 and 22703/10)
Health Topics:
Chronic and noncommunicable diseases,
Health information,
Occupational health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right of access to information,
Right to family life,
Right to life Facts: The applicants were five Norwegian nationals, a Swedish national and an Icelandic national. The applicants developed health problems such as obstructive lung diseases and Post Traumatic Stress Disorder (PTSD) and became disabled. This had happened as a result of their deep diving jobs. They alleged that the working conditions and compromising safety had lead to …Read more
Tags: Awareness,
Confidentiality,
Disclosure,
Lung disease,
Neurological diseases,
Noncommunicable diseases,
Occupational accident,
Occupational disease,
Occupational hazards,
Occupational health and safety,
Pulmonary diseases,
Respiratory diseases,
Safe working conditions,
Workers' compensation
Country:
Ireland Year: 2013
Court: Human Rights Committee
Citation: CCPR/C/116/D/2324/2013
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right of access to information,
Right to bodily integrity,
Right to health,
Right to privacy Facts: The author of the communication stated that she became pregnant in 2011 and in her 21st week, she was informed that the foetus had congenital heart defects. She was further informed that the impairment might prove to be fatal. However the hospital told her that abortion was not possible in the current jurisdiction (Ireland) and …Read more
Tags: Abortion,
Abortion counseling,
Abortion technique,
Access to health care,
Access to treatment,
Awareness,
Children,
Clinics,
Freedom of information,
Health expenditures,
Health facilities,
Health funding,
Health insurance,
Health regulation,
Health spending,
Infant health,
Infant mortality,
Minor,
Out-of-pocket expenditures,
Pediatric health,
Private hospitals,
Public hospitals,
Reimbursement,
Termination of pregnancy,
Trauma
Country:
Year: 2013
Court: The Court of Appeal (Civil Division)
Citation: [2013] EWCA Civ 478
Facts: PC, the petitioner was a forty-eight-year-old woman who was diagnosed with mild learning disabilities with an IQ assessment between 66 and 69. She had been in and out of relationships and had sustained two terminations in the course of her relationships and had also denied having sexual intercourse during her first termination. In 2001, PC …Read more
Tags: Mental health,
Right to Family Life
Country:
Hungary Year: 2013
Court: European Court of Human Rights
Citation: [2013]ECHR 11146/11
Facts: The case was the result of an application filed by, Mr.Horváth and Mr. Kiss, Hungarian nationals of Roma origin against the respondent, Republic of Hungary, under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedom (hereinafter ‘Convention’) alleging a violation of Article 2 Protocol no. 1 read in conjunction with …Read more
Tags: Freedom from Discrimination,
Mental health,
Right to Development,
Right to education
Country:
Greece Year: 2013
Court: European Committee of Social Rights
Citation: Complaint No. 72/2011
Facts: The Complainant, International Federation for Human Rights Leagues, filed a complaint against Greece, alleging violation of Article 11 of the European Social Charter which guarantees protection to the right to health, in its failure to eliminate or reduce the harmful effects of pollution in the River Asopos caused by the discharge of industrial waste, which …Read more
Tags: Environmental health,
Health information,
Right to Health,
sanitation and hygiene,
Water
Country:
Romania Year: 2013
Court: The European Court of Human Rights
Citation: CASE OF CSOMA v. ROMANIA (Application no. 8759/05) 2013
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to life,
Right to privacy Facts: The applicant in this case was a nurse who was pregnant and was being followed by a gynecologist, Dr. P.C, at the hospital where she had been working. At the 16th week of her pregnancy, hydrocephalus was diagnosed with the fetus and the pregnancy was determined to be interrupted. To induce the abortion, medications and …Read more
Country:
Bulgaria Year: 2013
Court: The European Court of Human Rights
Citation: CASE OF DIMITAR SHOPOV v. BULGARIA (Application no. 17253/07)
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life Facts: The applicant, a Bulgarian National, lodged a claim against the Republic of Bulgaria alleging that its authorities had failed to effectively investigate an assault against him by private individuals. The applicant was involved in a fight between several people on 1 May 1991 in which he was stabbed, admitted to hospital and underwent an urgent …Read more
Country:
Greece Year: 2013
Court: The European Court of Human Rights
Citation: Dismissal of an employee on account of his HIV infection was contrary to the European Convention on Human Rights
Health Topics:
HIV/AIDS Human Rights: Freedom from discrimination,
Right to family life,
Right to work Facts: The applicant was an HIV-Positive Greece national who had been working in a jewelry manufacturing company, the staff of which urged their employer to dismiss the applicant so that their health and their right to work could be protected. The employer invited an occupational-health doctor who spoke and reassured the employees by explaining the precautions …Read more