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143 judgments found.
Country:
United Kingdom Year: 2001
Court: House of Lords
Citation: [2001] UKHL 61; [2002] 1 All ER 1
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to life,
Right to privacy Facts: The applicant, a U.K. national, alleged that section 2(1) of the Suicide Act 1961, which contained an offence of aiding and abetting suicide under English law, violated her rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention), in particular Articles 2 (right to life), 3 (freedom from torture …Read more
Tags: Cruel treatment,
Degrading treatment,
Inhuman treatment,
Neurological diseases,
Noncommunicable diseases,
Suicide,
Torture
Country:
United Kingdom Year: 2001
Court: House of Lords
Citation: [2001] 1 All ER 850
Health Topics:
Tobacco Facts: In July 1998, the European Parliament and the Council created and enacted a Council Directive (“directive”) to ban all forms of advertising or sponsorship that directly or indirectly promoted a tobacco product in the Community. In December 1998, the UK government announced its intention to implement the directive by banning tobacco advertising, as permitted by …Read more
Tags: Tobacco control,
Tobacco regulation
Country:
United Kingdom Year: 2001
Court: Privy Council
Citation: [2001] UKPC D5
Health Topics:
Mental health,
Public safety Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: The three applicants were mental patients held in state hospitals who had been convicted of homicide. At the time of their convictions, the medical view was that all psychiatric conditions were treatable to an extent. However, relevant medical knowledge had moved on, and medical advice was now that the conditions of the three applicants were …Read more
Tags: Compulsory confinement,
Involuntary commitment,
Involuntary confinement,
Mandatory confinement,
Mental disability,
Mental disorder,
Mental illness,
Mental institution
Country:
United Kingdom Year: 2001
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2001] EWCA Civ 1935
Health Topics:
Aging Human Rights: Right to due process/fair trial,
Right to family life,
Right to housing,
Right to privacy Facts: Residents of a residential elderly care facility sought judicial review of a decision to close the facility. Plymouth City Council (“Plymouth”), the owner and operator of several residential elderly care facilities, decided to close two of its facilities, including Granby Way, the home of the eight claimants. The claimants sought judicial review of Plymouth’s decision. …Read more
Tags: Aged persons,
Elderly,
Forced displacement,
Long-term care,
Nursing home,
Older persons,
Senior citizens
Country:
United Kingdom Year: 2001
Court: European Court of Human Rights
Citation: App. No. 36022/97, 34 Eur. H.R. Rep. 1 (2002).
Health Topics:
Child and adolescent health,
Environmental health Human Rights: Right to family life,
Right to health,
Right to privacy Facts: Eight applicants, all British citizens, lived on properties in the areas surrounding Heathrow Airport. They complained that United Kingdom’s “noise quota” policy introduced in 1993 allowing for increased flights and levels of noise at night and especially in the early morning interfered with their rights pursuant to Article 8 (right to respect for his or …Read more
Tags: Child development,
Children,
Minor,
Pediatric health,
Pollution
Country:
United Kingdom Year: 2001
Court: European Court of Human Rights
Citation: App. No. 27229/95, 33 Eur. H.R. Rep. 913 (2001).
Health Topics:
Health care and health services,
Health systems and financing,
Medical malpractice,
Medicines,
Mental health,
Prisons 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 life Facts: The applicant brought an action on behalf of her mentally ill son, Mark Keenan, who killed himself in prison, alleging the State was in violation of Articles 2 (right to life), 3 (prohibition of torture) and 13 (right to an effective remedy) of the European Convention. The applicant alleged that her son, who was known …Read more
Tags: Compulsory confinement,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Imprisonment,
Incarceration,
Incompetence,
Inhuman treatment,
Inmate,
Involuntary commitment,
Involuntary confinement,
Isolation,
Jail,
Mandatory confinement,
Mental disorder,
Mental illness,
Paranoia,
Psychiatry,
Psychology,
Schizophrenia,
Seclusion,
Suicide,
Torture
Country:
United Kingdom Year: 2000
Court: Court of Appeal, Civil Division
Citation: [2000] EWCA Civ 254
Health Topics:
Child and adolescent health,
Disabilities,
Hospitals,
Informed consent,
Mental health Human Rights: Right to bodily integrity,
Right to life Facts: Jodie and Mary were conjoined twins connected at the lower abdomen. Each had their own vital organs, but one of Jodie’s arteries supplied oxygenated blood to Mary. The twins were surgically capable of being separated, but doing so would leave Mary’s deficient heart and lungs without support and lead to her death. However, if the …Read more
Tags: Children,
Disabled,
Duty of care,
Forced treatment,
Incompetence,
Infant health,
Involuntary treatment,
Mental competence,
Mental disability,
Minor,
Non-consensual testing and treatment,
Patient choice,
Physically challenged,
Public hospitals,
Unauthorized treatment
Country:
United Kingdom Year: 2000
Court: European Court of Human Rights
Citation: App. No. 35718/97, 31 Eur. H.R. Rep. 1 (2001).
Health Topics:
Controlled substances Human Rights: Right to due process/fair trial Facts: The applicants, who were heroine addicts, had been arrested and convicted for drug related offences. Upon their arrest, the solicitor had maintained that they were unfit to be interviewed as they were displaying early stages of heroine withdrawal. However, the Force Medical Examiner assessed both applicants as fit to be interviewed. Both applicants failed to …Read more
Tags: Addiction,
Drug abuse,
Drug enforcement,
Drug use,
Heroin,
Law enforcement,
People who use drugs,
Police,
Substance abuse
Country:
United Kingdom Year: 2000
Court: The European Court of Human Rights
Citation: CASE OF KHAN v. THE UNITED KINGDOM
Health Topics:
Controlled substances Human Rights: Right to due process/fair trial,
Right to family life,
Right to privacy Facts: The applicant was a United Kingdom national and on his arrival at Manchester from Pakistan with N, N was found possessing heroin with the value of 100,000 pounds sterling. The applicant was released as he hadn’t possessed heroin. The police installed a listening device on B’s (a friend of the applicant’s) house without his knowledge, …Read more
Country:
United Kingdom Year: 1999
Court: House of Lords
Citation: [1999] 1 All ER 481
Health Topics:
Hospitals,
Mental health,
Public safety,
Violence Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: Hutchison Reid, the respondent, was convicted of culpable homicide in 1967. He was made the subject of a hospital order and a restriction order without any time limit under the Criminal Procedure (Scotland) Act 1955 (the Criminal Procedure Act). A restriction order under the Criminal Procedure Act could only be made if the person posed …Read more
Tags: Compulsory commitment,
Involuntary commitment,
Mandatory commitment,
Mental disorder,
Mental illness,
Mental institution,
Psychology,
Psychosis,
Public hospitals,
Sexual violence
Country:
United Kingdom Year: 1999
Court: European Court of Human Rights
Citation: Applications No. 31417/96 and 32377/96; (2000) 29 EHRR 548; [1999] ECHR 71; 7 BHRC 65
Health Topics:
Health information,
HIV/AIDS,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to privacy Facts: Mr. Lustig-Prean and Mr. Beckett were discharged from the Royal Navy on the basis of their sexual orientation. In June 1994, Mr. Lustig-Prean was approached by military service police and, wanting to avoid further and less discrete investigations, Mr. Lustig-Prean admitted that he was homosexual. In May 1993, Mr. Beckett admitted to his superiors that …Read more
Tags: Bullying,
Confidentiality,
Disclosure,
Employment,
Gay,
HIV,
HIV status,
Homosexual,
Humiliating treatment,
LGBTI,
Military,
Most-at-risk,
Queer,
Secrecy,
Sexual orientation
Country:
United Kingdom Year: 1999
Court: European Court of Human Rights
Citation: Applications No. 33985/96 and 33986/96; (1999) 29 EHRR 493; [1999] ECHR 72; [1999] IRLR 734; (1999) 11 Admin LR 879
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to due process/fair trial,
Right to family life,
Right to privacy,
Right to work Facts: The Applicants were both exemplary members of the Royal Air Force and had been discharged solely due to being homosexual. The first appellant was an enrolled nurse. An anonymous female caller left a message on the applicant’s answering machine stating that she knew about the applicant’s homosexuality and afterwards informed the air force authorities. In a …Read more
Tags: Employment,
Gay,
Homosexual,
Lesbian,
LGBTI,
Military,
Sexual orientation
Country:
United Kingdom Year: 1999
Court: High Court of Justice, Queen's Bench Division
Citation: [1999] EWHC Admin 641
Health Topics:
HIV/AIDS,
Infectious diseases,
Medicines,
Prisons,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to health Facts: In 1996, Glen Fielding was sentenced to four years imprisonment. Whilst incarcerated, Fielding, a man who had sex with men, requested condoms but was refused on the basis that it was against Prison Service policy to provide condoms to a prisoner who was not HIV-positive; there was no evidence that Fielding was HIV positive. The …Read more
Tags: AIDS,
Bisexual,
Contraception,
Contraceptives,
Custody,
Gay,
HIV,
Homosexual,
Imprisonment,
Incarceration,
Inmate,
Jail,
People living with HIV/AIDS,
PLHIV,
Queer,
Sexually transmitted diseases,
Sexually transmitted infections,
Sodomy,
STDs,
STIs
Country:
United Kingdom Year: 1999
Court: Scottish Court of Sessions
Citation: [1999] ScotCS 70
Health Topics:
Chronic and noncommunicable diseases,
Health information,
Occupational health,
Tobacco Human Rights: Right to favorable working conditions Facts: Agnes Rae was passively exposed to cigarette smoke as a civilian employee at the Wishaw Police office during 1979 to 1994. She became ill as a result of this exposure. The Strathclyde Regional Council were the largest employer in Scotland at the time of this matter, and employed their own Occupational Health Department. In 1999, …Read more
Tags: Awareness,
Duty of care,
Employment,
Lung disease,
Occupational disease,
Occupational hazards,
Occupational health and safety,
Passive smoking,
Safe working conditions,
Second-hand smoke,
Smoking,
Standard of care
Country:
United Kingdom Year: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 2022; [2000] 1 WLR 977
Health Topics:
Health care and health services,
Health systems and financing,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to health Facts: North West Lancashire Health Authority (the Authority), the Appellant, appealed against an order quashing the Authority’s decision to refuse gender reassignment treatment to A, D and G, the Respondents. A, D and G all suffered from “gender identity dysphoria,” or transsexualism. Each had male physical characteristics but female sexual identity. A and G had been …Read more
Tags: Access to health care,
Access to treatment,
Budget,
Gender identity,
Health care technology,
Health expenditures,
Health facilities,
Health funding,
Health spending,
LGBTI,
Mental illness,
Out-of-pocket expenditures,
Psychiatry,
Psychology,
Public hospitals,
Queer,
Sex reassignment,
Subsidies,
Tertiary care,
Transgender,
Transsexual
Country:
United Kingdom Year: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 3007
Health Topics:
Child and adolescent health,
HIV/AIDS,
Informed consent,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life Facts: C’s mother was HIV infected. C, who was born in April 1999 was breastfed by her mother despite concern that this increased C’s potential to become infected by HIV if she was not already HIV positive. The local authority sought a direction for a blood test to be carried out to test C’s HIV status …Read more
Tags: AIDS,
Breast feeding,
Child development,
Children,
Compulsory testing,
HIV,
HIV positive,
HIV status,
Infant health,
Involuntary testing,
Mandatory testing,
Minor,
Most-at-risk,
Non-consensual testing and treatment,
Non-evidence based treatment,
Parental consent,
Pediatric health,
People living with HIV/AIDS,
PLHIV,
Transmission
Country:
United Kingdom Year: 1998
Court: European Court of Human Rights
Citation: Application No. 21825/93 and 23414/94; (1999) 27 EHRR 1
Health Topics:
Chronic and noncommunicable diseases,
Environmental health,
Health information,
Health systems and financing Human Rights: Right of access to information,
Right to health,
Right to privacy Facts: McGinley (M) and Egan (E) were servicemen who had been present on a Pacific island in 1958 when atmospheric tests of nuclear weapons had been carried out (five in M’s case and one in that of E). During the tests service personnel had been ordered to line-up in the open and to face away from …Read more
Tags: Access to health care,
Awareness,
Biohazard,
Freedom of information,
Health records,
Medical records,
Military,
Non-communicable diseases,
Non-disclosure,
Notification,
Nuclear radiation,
Social security
Country:
United Kingdom Year: 1998
Court: European Court of Human Rights
Citation: Application No. 23452/94; (1998) 29 EHRR 245; [1998] ECHR 101
Health Topics:
Mental health,
Public safety Human Rights: Right to due process/fair trial,
Right to family life,
Right to life Facts: The applicants are Mrs. Mulkiye Osman and her son Ahmet Osman. Mr. Ali Osman, the husband and father of the applicants, respectively, was shot dead by Mr. Paul Paget-Lewis on 7 March 1988. Mr. Paget-Lewis was a former instructor of Ahmet Osman and had developed a strong attachment to him. Ahmet Osman was also wounded …Read more
Tags: Duty of care,
Mental disorder,
Mental illness,
Negligence,
Tort
Country:
United Kingdom Year: 1998
Court: House of Lords
Citation: [1998] UKHL 24
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Informed consent,
Mental health Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: Mr. L was a mentally retarded person who was incapable of consenting to medical treatment. From the age of 13, he had been a resident at the Bournewood Hospital which was governed by the appellant, NHS Trust. Mr. L was discharged from the hospital on a trial basis into the community with paid carers, though …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Emergency care,
Health care professionals,
Health care workers,
Health facilities,
Health regulation,
Incapacity,
Incompetence,
Informed choice,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental disability,
Mental institution,
Mental retardation,
Patient choice
Country:
United Kingdom Year: 1998
Court: Court of Appeal, Civil Division
Citation: [1998] EWCH Admin 490
Health Topics:
Health care and health services,
Informed consent,
Mental health,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life Facts: A 36 weeks-pregnant woman, referred to as “MS”, sought care as a new patient at a local National Health Service (NHS) practice on 25th April 1996. She previously had not sought any ante-natal care. She was quickly diagnosed with pre-eclampsia, a condition threatening the life and health of both her and her baby. She rejected …Read more
Tags: Caesarean,
Childbirth,
Compulsory treatment,
Depression,
Diagnostics,
Eclampsia,
Emergency care,
Examination,
Forced treatment,
Incapacity,
Informed choice,
Involuntary treatment,
Mandatory treatment,
Maternal health,
Mental competence,
Non-consensual testing and treatment,
Patient choice,
Pregnancy,
Public hospitals,
Unauthorized treatment
Country:
United Kingdom Year: 1998
Court: European Court of Human Rights
Citation: L.C.B. v. U.K., App. No. 23413/94, 27 Eur. H.R. Rep. 212 (1998).
Health Topics:
Chronic and noncommunicable diseases,
Environmental health,
Health information,
Occupational health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to health,
Right to life,
Right to privacy Facts: Applicant’s father served as a catering assistant in the British Royal Air Force and had been present at Christmas Island during four nuclear tests. Applicant was diagnosed with leukemia at an early age. Her records of admission to hospital included, under the heading “Summary of Possible Causative Factors” that her father was exposed to radiation. …Read more
Tags: Access to health care,
Awareness,
Biohazard,
Freedom of information,
Non-disclosure,
Notification,
Nuclear radiation
Country:
United Kingdom Year: 1998
Court: House of Lords
Citation: [1998] 3 All ER 289
Health Topics:
Hospitals,
Informed consent,
Mental health Human Rights: Right to liberty and security of person Facts: L, who was profoundly mentally retarded and incapable of consenting to medical treatment, was admitted informally for in-patient treatment by an National Health Service Trust as he appeared fully compliant and did not resist admission. As a consequence the Trust avoided invoking the Mental Health Act regime. L applied, by his next friend, for judicial …Read more
Tags: Clinics,
Compulsory confinement,
Health facilities,
Incompetence,
Involuntary commitment,
Involuntary confinement,
Mental competence,
Mental disability,
Mental illness,
Mental institution,
Mental retardation,
Patient choice
Country:
United Kingdom Year: 1998
Court: Court of Appeal
Citation: [1998] 3 All ER 673, (1998) 2 CHRLD 323
Health Topics:
Hospitals,
Informed consent,
Mental health,
Sexual and reproductive health Human Rights: Right to bodily integrity Facts: S, who was 36 weeks pregnant, was diagnosed with severe pre-eclampsia, a life-threatening condition of pregnancy characterized by high blood pressure, and with moderate depression. She was advised that her health and her life, and that of her baby, were in real danger and that she needed to be admitted immediately to hospital for an induced …Read more
Tags: Caesarian,
Childbirth,
Compulsory treatment,
Depression,
Eclampsia,
Forced treatment,
Health facilities,
Involuntary examination,
Involuntary treatment,
Mandatory commitment,
Maternal health,
Non-consensual testing and treatment,
Patient choice,
Pregnancy,
Unauthorized treatment
Country:
United Kingdom Year: 1997
Court: House of Lords
Citation: [1997] 2 All ER 1 (HL); [1997] 2 W.L.R. 459; [1997] A.C. 584
Health Topics:
Disabilities,
Health systems and financing Human Rights: Right to health Facts: Michael Barry was an 81-year-old man who suffered from a number of disabilities and lived alone within the Gloucestershire County Council (the Council). Barry was originally assessed as requiring a number of home care services, but after budgetary cuts the Council informed Barry that they would no longer be able to perform cleaning and laundry …Read more
Tags: Budget,
Disabled,
Handicapped,
Health expenditures,
Health facilities,
Health funding,
Health insurance,
Health spending,
Out-of-pocket expenditures,
Subsidies
Country:
United Kingdom Year: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] 2 All ER 687; [1997] 2 WLR 806; [1999] Fam 151
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 Facts: Mr. and Mrs. Blood were married and attempting to have a family. Unfortunately, Mr. Blood contracted meningitis and went into a coma prior to any conception, so Mrs. Blood requested that doctors take sperm by electro-ejaculation while Mr. Blood was in the coma. The doctors took two different samples, and Mr. Blood passed away soon …Read more
Tags: Access to health care,
Access to treatment,
Assisted reproductive technology,
Compulsory treatment,
Family planning,
Forced treatment,
Health care technology,
Health regulation,
In utero fertilization,
In vitro fertilization,
Informed choice,
Involuntary treatment,
Mandatory treatment,
Non-consensual testing and treatment,
Patient choice,
Spousal consent,
Unauthorized treatment
Country:
United Kingdom Year: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] EWCA Civ 3093
Health Topics:
Health care and health services,
Informed consent,
Mental health,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to health,
Right to privacy Facts: A health authority applied for a High Court declaration that it would be lawful to undertake an emergency caesarean operation on MB whose foetus was found to be in the breech position after MB agreed to have the operation theoretically but refused in practice due to her fear of needles. The declaration was granted, and …Read more
Tags: Access to health care,
Access to treatment,
Caesarean,
Childbirth,
Emergency care,
Incompetence,
Informed choice,
Involuntary treatment,
Maternal health,
Mental competence,
Non-consensual testing and treatment,
Patient choice,
Pregnancy,
Unauthorized treatment
Country:
United Kingdom Year: 1997
Court: European Court of Human Rights
Citation: App. No. 30240/96, 24 Eur. H.R. Rep. 423 (1997).
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Infectious diseases,
Medicines Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Right to health,
Right to life,
Right to privacy Facts: The applicant, an individual suffering HIV/AIDS, brought action under Article 3 (freedom from torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights when he was threatened with expulsion from UK to St Kitts where he would not have access to necessary medical treatment and no family home or close …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Asylum,
Cruel treatment,
Degrading treatment,
Essential medicines,
First-line treatment,
HIV,
HIV positive,
HIV status,
Immigration,
Inhuman treatment,
Migrants,
People living with HIV/AIDS,
Pharmaceuticals,
PLHIV,
Refugees,
Second-line treatment,
Secondary care,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Torture
Country:
United Kingdom Year: 1997
Court: European Court of Human Rights
Citation: App. No. 22520/93, 27 Eur. H.R. Rep. 296 (1999).
Health Topics:
Health care and health services,
Mental health,
Prisons,
Public safety Human Rights: Freedom of movement and residence,
Right to due process/fair trial,
Right to health,
Right to liberty and security of person Facts: Applicant was a British national suffering from mental illness whilst on prison remand in 1984. He had served sentences for various physical assault convictions. The court imposed a hospital order on the applicant and subjected him to a heightened restriction order for the protection of the public from serious harm under the 1983 Mental Health …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Custody,
Detainee,
Detention,
Involuntary commitment,
Involuntary confinement,
Mandatory confinement,
Mental disorder,
Mental illness,
Mental institution,
Paranoia,
Psychiatry,
Psychology,
Schizophrenia