Loading, please wait...
143 judgments found.


X, Y and Z v. United Kingdom

Country: United Kingdom
Year: 1997
Court: European Court of Human Rights
Citation: App. No. 21830/93, 24 Eur. H.R. Rep. 143 (1997).
Health Topics: Child and adolescent health, Health care and health services, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Facts:

Applicants X, Y and Z were all British nationals. X is a transsexual who has undergone gender reassignment surgery to become a man. He has lived with Y, as her male partner, since 1979. The couple applied jointly for, and was granted treatment by AID to allow Y to have a child Z. X was …Read more

Tags: Assisted reproductive technology, Childbirth, Children, Gender identity, Gender identity disorder, Gender reassignment, Homosexual, Hormone therapy, Intersex, LGBTI, Minor, Pregnancy, Queer, Sex reassignment, Sexual orientation, Transgender, Transsexual
Download Judgment: English French

Laskey, Jaggard, and Brown v. United Kingdom

Country: United Kingdom
Year: 1997
Court: European Court of Human Rights
Citation: Application No. 21627/93; 21628/93; 21974/93
Health Topics: Sexual and reproductive health, Violence
Human Rights: Right to privacy
Facts:

Laskey (L), Jaggard (J) and Brown (B) had taken part in sado-masochistic encounters with as many as forty-four other homosexual men over a ten-year period. These mainly involved maltreatment of the genitalia and ritualistic beatings, either with the assailant’s bare hands or a variety of implements. There were instances of branding and infliction of injuries …Read more

Tags: Gay, Homosexual, LGBTI, Queer, Sexual orientation, Sexual violence
Download Judgment: English

R v. Wandsworth London Borough Council, ex parte Beckwith

Country: United Kingdom
Year: 1996
Court: House of Lords
Citation: [1996] 1 ALL ER 129
Health Topics: Aging, Health systems and financing
Human Rights: Right to housing, Right to social security
Facts:

Mr. Beckwith was a 75 year old resident of the George Potter Home, which was one of the four residential care homes for the elderly in the London Borough of Wandsworth. The borough’s council (the Council) had decided to transfer the other three homes into private ownership and to close down George Potter Home altogether. …Read more

Tags: Aged persons, Elderly, Health regulation, Older persons, Senior citizens
Download Judgment: English

Stubbings and Ors. v. United Kingdom

Country: United Kingdom
Year: 1996
Court: European Court of Human Rights
Citation: Application No. 22083/93; 22095/93
Health Topics: Child and adolescent health, Violence
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

Stubbings was born in 1957, placed in the care of Mr. and Mrs. W by a local authority when she was  two years old, and adopted by them when she was three. She alleged that she was sexually assaulted by Mr. W and committed acts of indecency at his instigation on a number of occasions …Read more

Tags: Assault, Child development, Children, Domestic abuse, Rape, Sexual abuse, Sexual assault
Download Judgment: English

R v. Cambridge Health Authority, ex parte Beckwith

Country: United Kingdom
Year: 1995
Court: Court of Appeal, Civil Division
Citation: [1995] 2 All ER 129 (CA); [1995] EWCA Civ 49
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Informed consent, Medicines
Human Rights: Right to health, Right to life
Facts:

The child “B” had a long history of unsuccessful treatments fo her cancer. In January 1995,  B suffered a further relapse of acute myeloid leukaemia. Both the doctor who oversaw B’s treatment since the initial diagnosis and the doctor who performed a prior bone marrow transplant agreed that the child had approximately six to eight …Read more

Tags: Access to treatment, Budget, Cancer, Children, Experimental treatment, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health insurance, Health spending, Leukemia, Minor, Noncommunicable diseases, Patient choice, Pediatric health, Private hospitals, Public hospitals, Second-line treatment, Subsidies, Tertiary care
Download Judgment: English

McMichael v. United Kingdom

Country: United Kingdom
Year: 1995
Court: European Court of Human Rights
Citation: App. No. 16424/90, 20 Eur. H.R. Rep. 205 (1995).
Health Topics: Child and adolescent health, Health care and health services, Health information, Mental health
Human Rights: Right to due process/fair trial, Right to family life, Right to privacy
Facts:

Both applicants were living together as a couple and later got married. They both suffer from a history of mental illness. Mrs. McMichael gave birth to a son, A. She had a history of severe and recurrent mental illness and, on advice that the child would be at risk if he were to go home …Read more

Tags: Child development, Children, Confidentiality, Disclosure, Mental disability, Mental disorder, Mental illness, Minor, Non-disclosure
Download Judgment: English

Kay v. United Kingdom

Country: United Kingdom
Year: 1994
Court: European Commission on Human Rights
Citation: Application No. 17821/91
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant, a British citizen, claimed violations of sections one and four of Article 5 of the European Convention on Human Rights (the “Convention”) related to his involuntary recall to medical detention by the Home Secretary. In 1970, the applicant raped and killed his twelve year old neighbor. In January of 1971, the applicant pled …Read more

Tags: Compulsory commitment, Compulsory confinement, Custody, Detainee, Detention, Examination, Imprisonment, Incarceration, Inmate, Involuntary commitment, Involuntary confinement, Jail, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology
Download Judgment: English

M.H. v. United Kingdom

Country: United Kingdom
Year: 1994
Court: European Commission on Human Rights
Citation: Application No. 22162/93
Health Topics: Prisons, Public safety
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to privacy, Right to property
Facts:

The applicant was serving a sentence of life imprisonment in HM Prison Stocken.  He had been convicted of the murder of an elderly man in 1972 and received a mandatory sentence of life imprisonment.  The applicant’s sentence was reviewed by the Parole Board in or about 1984. A release date was apparently set and he …Read more

Tags: Custody, Detainee, Detention, Imprisonment, Incarceration, Inmate, Jail, Threat of violence, Torture
Download Judgment: English

Airedale NHS Trust v. Bland

Country: United Kingdom
Year: 1993
Court: House of Lords
Citation: [1993] 1 ALL ER 821
Health Topics: Health care and health services, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

Mr. Bland was in the care of the health authority, and had been in a persistent vegetative state for three and a half years due to a severe crushed chest injury, which had caused devastating and permanent damage to the higher functions of his brain. He was being fed artificially by a tube inserted through …Read more

Tags: Access to treatment, Incompetence, Informed choice, Involuntary treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

In re T (adult: refusal of medical treatment)

Country: United Kingdom
Year: 1992
Court: Court of Appeal, Civil Division
Citation: [1992] 4 All ER 649, CA
Health Topics: Health care and health services, Informed consent, Mental health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This case dealt with the right to choose how to live, specifically regarding the right to refuse a blood transfusion. Miss T had been raised by her mother, a Jehovah’s witness, but was never baptized into the faith and had told her boyfriend and father that she was not a Jehovah’s Witness. She was 34 …Read more

Tags: Emergency care, Health care professionals, Health care workers, Incapacity, Incompetence, Informed choice, Involuntary treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

W v. Egdell

Country: United Kingdom
Year: 1990
Court: Court of Appeal, Civil Division
Citation: [1989] EWCA Civ 13; [1990] 2 WLR 471; [1990] Ch 359; [1990] 1 All ER 835
Health Topics: Health care and health services, Health information, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

W pled guilty to manslaughter on the grounds of diminished responsibility for the indiscriminate killing of several people. He was diagnosed with paranoid schizophrenia and was detained indefinitely in mental hospitals. A Mental Health Tribunal recommended W’s transfer to a regional secure unit (“RSU”) in 1984. The Secretary of State refused to consent to W’s …Read more

Tags: Compulsory commitment, Compulsory confinement, Confidentiality, Disclosure, Examination, Health records, Insanity, Involuntary commitment, Involuntary confinement, Law enforcement, Mandatory commitment, Mandatory confinement, Medical records, Mental disorder, Mental illness, Mental institution, Non-disclosure, Paranoia, Psychiatry, Psychology, Psychosis, Schizophrenia, Secrecy
Download Judgment: English

F v. West Berkshire Health Authority and Anr.

Country: United Kingdom
Year: 1989
Court: House of Lords
Citation: [1989] 2 All ER 545
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

F was a 36 year old adult woman who suffered from a disability that left her with the mental capacity of a young child.  She had been a voluntary in-patient at a mental hospital since the age of 14, where she received treatment and enjoyed a great degree of freedom of movement. Although the facility …Read more

Tags: Birth control, Compulsory treatment, Forced treatment, Incompetence, Informed choice, Involuntary treatment, Mental competence, Mental disability, Mental retardation, Non-consensual testing and treatment, Patient choice, Sterilization, Unauthorized treatment
Download Judgment: English

Soering v. United Kingdom

Country: United Kingdom
Year: 1989
Court: European Court of Human Rights
Citation: 161 Eur. Ct. H.R. (ser. A) (1989)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

Jens Soering was a German national who came to the United States to study at the University of Virginia. While there, he became friends with Elizabeth Haysom, a Canadian national.  Haysom’s parents did not approve of Soering and Haysom’s relationship.  In March 1985 the couple made plans to kill Haysom’s parents.  They rented a car …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Inhuman treatment, Law enforcement, Mental disorder, Mental illness, Torture
Download Judgment: English Albanian Bosnian French Russian

Gillick v. West Norfolk and Wisbech Area Health Authority and Anr.

Country: United Kingdom
Year: 1985
Court: House of Lords
Citation: [1985] 3 All ER 402
Health Topics: Child and adolescent health, Health care and health services, Health information, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

The Department of Health and Social Security (DHSS) issued a memorandum of guidance to local health authorities that stated that, inter alia, “consultations between doctors and patients are confidential,” even for children less than 16. The memorandum noted that while “it would be most unusual,” a doctor could advise the child regarding contraception without parental …Read more

Tags: Abortion, Abortion counseling, Access to treatment, Birth control, Child development, Children, Confidentiality, Contraception, Contraceptives, Criminalization, Health education, Informed choice, Judicial bypass, Minor, Parental consent, Parental notification, Patient choice, Termination of pregnancy
Download Judgment: English

Sidaway v. Bethlem Royal Hospital and Ors.

Country: United Kingdom
Year: 1985
Court: House of Lords
Citation: [1985] AC 871; [1985] 1 All ER 643
Health Topics: Informed consent, Medical malpractice, Medicines
Human Rights: Right to bodily integrity, Right to health
Facts:

Ms. Sidaway brought an action in negligence against Bethlem Royal Hospital and the hospital’s surgeon after she was left severely disabled from a spinal operation. Ms. Sidaway, who suffered from constant shoulder and neck pains, was advised by a surgeon employed by the hospital to have an operation on her spinal column to relieve her …Read more

Tags: Duty of care, Informed choice, Patient choice
Download Judgment: English

Ashingdane v. The United Kingdom

Country: United Kingdom
Year: 1985
Court: The European Court of Human Rights
Citation: CASE OF ASHINGDANE v. THE UNITED KINGDOM
Health Topics: Health care and health services, Hospitals, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant was a British national who had been convicted of dangerous driving and unlawful possession of firearms. Because he suffered from mental illness, the court ordered his detention in a psychiatric hospital with out a time limit for his discharge. The applicant attempted to abscond from the psychiatric hospital twice, as a result of …Read more

Download Judgment: English

Campbell & Cosans v. United Kingdom

Country: United Kingdom
Year: 1982
Court: European Court of Human Rights
Citation: App. No. 7511/76, 7743/76, 4 Eur. H.R. Rep. 293 (1982).
Health Topics: Child and adolescent health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to education
Facts:

Applicants, Mrs. Cosans and Mrs. Campbell, were Scottish nationals who complained about the use of corporal punishment in Scottish schools as a disciplinary measure. Mrs. Campell’s request for a guarantee that her son not be subjected to such punishment was refused. Mrs. Cosans’ son was summoned by his Headmaster for corporal punishment upon taking a …Read more

Tags: Child development, Children, Degrading treatment, Humiliating treatment, Minor
Download Judgment: English

Dudgeon v. United Kingdom

Country: United Kingdom
Year: 1981
Court: European Court of Human Rights
Citation: Application No. 7525/76; (1981) 4 EHRR 149; [1981] ECHR 5
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

During a police search of Applicant Dudgeon’s home on suspicion of drug activity, personal property, including correspondences and diaries describing same-sex sexual activity, was seized. Dudgeon was subsequently taken to a police station and questioned extensively about his sexual life. The prosecutor considered but eventually declined to prosecute Dudgeon under a statute prohibiting “gross indecency” …Read more

Tags: Buggery, Gay, Homosexual, Lesbian, LGBTI, Queer, Sexual orientation, Sodomy
Download Judgment: English Albanian Bosnian French Russian

X v. The United Kingdom

Country: United Kingdom
Year: 1981
Court: European Court of Human Rights
Citation: App. No. 7215/75, 4 Eur. H.R. Rep. 188 (1982).
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person
Facts:

The applicant, a United Kingdom national who had previously been diagnosed with having a paranoid psychosis, claimed that the United Kingdom unlawfully deprived him of his liberty when authorities forcibly recalled him to a hospital for the criminally insane in which he had completed a prior sentence for a violent crime. At the time of …Read more

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Imprisonment, Incarceration, Inhuman treatment, Inmate, Involuntary commitment, Involuntary confinement, Jail, Mandatory confinement, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Psychology, Schizophrenia, Torture
Download Judgment: English French

Dudgeon v. United Kingdom

Country: United Kingdom
Year: 1980
Court: European Commission of Human Rights
Citation: Application No. 7525/76
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to liberty and security of person, Right to privacy
Facts:

Applicant, a gay man, brought a complaint before the Commission alleging that laws criminalizing male homosexual conduct in Northern Ireland constituted unjustified interference with his right to respect for his private life (Article 8 of the European Convention on Human Rights) as well as unjustifiable discrimination on sexual grounds and residency grounds (Article 14). Due …Read more

Tags: Buggery, Gay, Homosexual, Lesbian, LGBTI, Sexual orientation, Sodomy
Download Judgment: English

Paton v. United Kingdom

Country: United Kingdom
Year: 1980
Court: European Commission on Human Rights
Citation: App. No. 8416/78, 3 Eur. H.R. Rep. 408 (1980)
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Freedom of religion, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

The applicant claimed that English law violated provisions of the European Convention on Human Rights (Convention), after he found out that his wife was pregnant and planned to have a legal abortion without his consent. Specifically, the applicant claimed that England and Wales violated the right to life and the right to liberty and security …Read more

Tags: Abortion, Access to health care, Access to treatment, Childbirth, Family planning, Pregnancy, Spousal consent, Spousal notification, Termination of pregnancy, Therapeutic abortion
Download Judgment: English French

Richardson v. Redpath Brown and Co. Ltd.

Country: United Kingdom
Year: 1944
Court: House of Lords
Citation: [1944] 1 All ER 110
Health Topics: Disabilities, Health care and health services, Occupational health
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

The employer of an injured steel erector sued its employee, seeking an injunction that would require the employee to undergo radical surgery to obtain relief from a hernia. The hernia, which arose out of and in the course of the employee’s designated work, rendered the employee incapable of performing key work functions. As per the …Read more

Tags: Compulsory examination, Compulsory treatment, Disabled, Employment, Examination, Forced examination, Forced treatment, Handicapped, Health care professionals, Involuntary examination, Involuntary treatment, Mandatory examination, Mandatory treatment, Occupational accident, Patient choice, Physically challenged, Workers' compensation
Download Judgment: English

Lindsey County Council v. Marshall

Country: United Kingdom
Year: 1936
Court: House of Lords
Citation: [1936] 2 ALL ER 1076; (1935) 1 KB 516
Health Topics: Infectious diseases, Medical malpractice, Sexual and reproductive health
Facts:

Ms. Marshall brought an action against the Lindsey County Council (the Council) for damages arising out of a breach of duty of care. She contended that the Council-operated Cleethorpes Maternity Home and its staff were negligent in failing to prevent the transmission of puerperal fever, in allowing her to be admitted to a shared ward …Read more

Tags: Duty of care, Maternal health, Negligence, Standard of care, Tort
Download Judgment: English