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258 judgments found.


Lowns v. Woods; Procopis v. Woods

Country: Australia
Year: 1996
Court: Supreme Court of New South Wales
Citation: [1996] Aust Torts Reports 81
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health information, Medical malpractice, Medicines
Facts:

The plaintiff is the father of a child who suffered from seizures and who received brain damage due to a particular seizure. During that particular seizure, the mother had sent another child to call the local doctor, one of the defendants, who did not come. As New Zealand imposes a statutory duty on doctors to …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Compensation, Damages, Duty of care, Emergency care, Inadequate treatment, Minor, Negligence, Neurological diseases, Pediatric health, Remedies, Standard of care, Tort
Download Judgment: English

RJR-MacDonald Inc v. Canada (Attorney General)

Country: Canada
Year: 1995
Court: Supreme Court
Citation: [1995] 3 S.C.R. 199
Health Topics: Chronic and noncommunicable diseases, Health information, Tobacco
Human Rights: Freedom of expression
Facts:

Two prominent tobacco companies challenged the constitutionality of the Tobacco Products Control Act (the Act), which regulated the advertisement of tobacco products and their requisite health warnings. They also challenged an amendment to the Tobacco Products Control Regulations (the Regulations) which imposed a total advertising ban, prohibited the use of tobacco trade marks on non-tobacco …Read more

Tags: Advertising, Noncommunicable diseases, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English French

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

Consumer Education and Research Centre, et al. v. Union of India and Others

Country: India
Year: 1995
Court: Supreme Court of India
Citation: Consumer Educ. & Research Ctr. v. Union of India, 1995 S.C.C. (3) (India).
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life, Right to social security
Facts:

The Consumer Education and Research Center filed several writ petitions against the State of India under Article 32 (obligation to promote social justice and welfare of the people) of the Indian Constitution regarding the protection of workers against the occupational health hazards and diseases associated with asbestos exposure. The petitioner applied for remedial measures to …Read more

Tags: Asbestos, Health insurance, Occupational hazards, Occupational health and safety, Safe working conditions, Workers' compensation
Download Judgment: English

Shehla Zia and Ors v. WAPDA

Country: Pakistan
Year: 1994
Court: High Court
Citation: PLD 1994 SC 693
Health Topics: Chronic and noncommunicable diseases, Environmental health, Public safety
Human Rights: Right to life
Facts:

The Petitioners were residents in a locality in Islamabad. The Water Resources and Power Development Authority (WAPDA) was to construct an electrical grid station in that area. The Petitioners protested on the ground that the electromagnetic field created by the high voltage transmission lines would be hazardous to their health. Moreover, the designated green belt …Read more

Tags: Biohazard, Cancer, Pollution, Safety regulation
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Askan Das Batra v. Attorney General

Country: Zambia
Year: 1993
Court: Supreme Court
Citation: (1993-1994) Z.R. 41 (S.C.)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

The Appellant was employed by the Zambian Government as an accountant with the Ministry of Legal Affairs.  Upon recommendation for further evaluation of his medical condition he travelled to the United Kingdom where he underwent elective heart surgery.  He then claimed reimbursement of his medical expenses from his employer under the Conditions of Service for …Read more

Tags: Access to health care, Access to treatment, Aged persons, Elderly, Employment, Health funding, Health insurance, Heart disease, Noncommunicable diseases, Older persons, Out-of-pocket expenditures, Reimbursement, Secondary care, Senior citizens, Social security, Subsidies
Download Judgment: English

Case 1993-017f

Country: Belgium
Year: 1993
Court: Court Constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1993-017f, 4 March 1993
Health Topics: Chronic and noncommunicable diseases, Health information, Health systems and financing, Tobacco
Facts:

This case considered whether Article 7 §2 of the law dated January 24, 1977 (“Article 7 §2”) from the Belgian Federal Parliament (governing the protection of consumer health with respect to nutritional foodstuff) or Article 13 of the decree dated December 2, 1982 (“Article 13”) from the Council of the French Community (restricting certain advertising …Read more

Tags: Advertising, Cancer, Health education, Health promotion, Health regulation, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English French Flemish

Case 152

Country: Nicaragua
Year: 1992
Court: Supreme Court of Justice
Citation: Corte Supreme de Justicia, ELECTROQUIMICA PESADA S.A. c. Ministro de Economía y Desarrollo, y otros,
Health Topics: Chronic and noncommunicable diseases, Environmental health, Occupational health, Public safety
Human Rights: Right to a clean environment, Right to favorable working conditions, Right to work
Facts:

Electroquimica Pesada S.A. (the “Company”), was operating with outdated equipment and was releasing emissions of chlorine and other noxious gases into the environment that posed harm to both its employees as well as the residents of Nicaragua.  The Company was required to shut down its operations by a series of orders issued by the Minister …Read more

Tags: Air pollution, Air safety, Asthma, Environmental hazards, Lung disease, Occupational hazards, Occupational health and safety, Pollution, Pulmonary disease, Safe working conditions
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Case 90-283 DC

Country: France
Year: 1991
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°90-283 DC, 08 January 1991
Health Topics: Chronic and noncommunicable diseases, Tobacco
Human Rights: Freedom of expression, Right to health, Right to property
Facts:

Prior to promulgation, the constitutionality of Articles 3, 4, 10 and 12 of the January 12, 1991 law no. 91-32, Loi relative à la lutte contre le tabagisme et l’alcoolisme (Law relating to the fight against smoking and alcoholism) was challenged in the Conseil Constitutionnel. The law, also known as the “Loi Évin” after its …Read more

Tags: Non-communicable diseases, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English French

Margareta and Roger Anderson v. Sweden

Country: Sweden
Year: 1991
Court: The European Court of Human Rights
Citation: Case No. 61/1990/252/323
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Hospitals, Mental health
Human Rights: Right to family life, Right to privacy
Facts:

Roger Anderson (son of Margareta) was taken into public care on a provisional basis. When he started school, it was found that he lacked social skills and maturity. Margareta rejected suggestions made by the Social welfare authorities. Roger stopped attending school in December 1984. Margareta and Roger moved to an address unknown to the authorities …Read more

Tags: Children, Clinics, Diabetes, Health facilities, Incapacity, Incompetence, Mental competence, Minor
Download Judgment: English

E.H.P. v. Canada

Country: Canada
Year: 1982
Court: United Nations Human Rights Committee
Citation: Communication No. 67/1980, U.N. Doc. CCPR/C/OP/1 at 20
Health Topics: Chronic and noncommunicable diseases, Environmental health
Human Rights: Right to a clean environment, Right to life, Right to water and sanitation
Facts:

This communication was filed by the chairperson of the Port Hope Environmental Group on behalf of the residents of Port Hope, Ontario, Canada. From 1945 to 1952, Eldorado Nuclear Ltd., a federal Crown Corporation, disposed of nuclear waste in dumpsites within Port Hope, a town of 10,000 people. In 1975, large-scale pollution of residences and …Read more

Tags: Biohazard, Cancer, Contamination, Genetic disease, Industrial waste, Nuclear radiation, Nuclear waste, Pollution, Toxic waste, Waste, Waste management, Water pollution
Download Judgment: English

Payton v. Weaver

Country: United States
Year: 1982
Court: Court of Appeal, First District, Division 1, California
Citation: Payton v. Weaver 182 Cal. Rptr. 225 (Cal. Ct. App. 1982)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Medical malpractice, Mental health, Poverty
Human Rights: Right to health
Facts:

Appellant, Brenda Payton, suffered from end stage renal disease and required weekly dialysis. She also suffered from drug addition, mental illness, and poverty. She brought action against respondents, physician John C Weaver, Jr. and Alba Bates and Herrick hospitals, in form of petition for writ of mandate alleging that they wrongly failed to provide her …Read more

Tags: Access to health care, Access to treatment, Addiction, Damages, Drug abuse, Duty of care, Indigent, Kidney disease, Low income, Mental illness, Substance abuse
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Johns-Manville Products Corporation v. Superior Court

Country: United States
Year: 1980
Court: Supreme Court of California
Citation: 27 Cal.3d 465
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Occupational health
Facts:

Rudkin, a long-time employee of the defendant corporation, developed pneumoconiosis, lung cancer, or other asbestos-related illnesses from his work with asbestos. The defendant knew about the harms of exposure to asbestos, yet it hid that information from Rudkin and continued to encourage him to work in an unsafe environment. After Rudkin had developed an industrial …Read more

Tags: Access to treatment, Asbestos, Awareness, Employment, Lung disease, Notification, Occupational disease, Workers' compensation
Download Judgment: English

X. v. Ireland

Country: Ireland
Year: 1976
Court: European Commission on Human Rights
Citation: Application No. 6839/74
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
Facts:

The applicant argued that the refusal of the authorities to give her disabled daughter a medical card constituted a breach of her daughter’s right to life guaranteed by Article 2 (right to life) of the European Convention of Human Rights (“the Convention”). The applicant’s daughter suffered from a serious deformation of the larynx, which prevented …Read more

Tags: Access to health care, Access to treatment, Children, Disabled, Handicapped, Health funding, Health insurance, Infant health, Minor, Noncommunicable diseases, Pediatric health, Physically challenged
Download Judgment: English French

X. v. Ireland

Country: Ireland
Year: 1970
Court: European Commission on Human Rights
Citation: Application No. 3717/68
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

Applicant, a stateless person with a Swedish alien’s passport, was arrested in Scotland on suspicion of committing murder in Ireland. Applicant was taken to Ireland, convicted of murder, and sentenced to penal servitude for life. Applicant claimed that his trial was “rigged and fixed” as a result of a conspiracy between the judge, his own …Read more

Tags: Abuse, Access to treatment, Custody, Diet, Food, Hunger strike, Imprisonment, Inadequate treatment, Incarceration, Inmate, Jail, Migrants, Prison conditions, Skin disease
Download Judgment: English

Sunshine Porcelain Potteries Proprietary Ltd. v. Nash

Country: Australia
Year: 1961
Court: Privy Council
Citation: [1961] AC 927; [1961] 3 All ER 203; [1961] 3 WLR 747; 105 SJ 606
Health Topics: Chronic and noncommunicable diseases, Disabilities, Occupational health
Facts:

Ms. Nash brought an action for compensation under the Victorian Worker’s Compensation Act 1928 (the 1928 Act) against her former employers, Sunshine Porcelain. She claimed compensation was payable after she contracted silicosis in the workplace. Sunshine Porcelain Potteries employed Ms. Nash in the years 1931-38. During her time as an employee of Sunshine Porcelain, Ms. …Read more

Tags: Asbestos, Damages, Disabled, Employment, Job safety, Lung disease, Noncommunicable diseases, Occupational disease, Occupational hazards, Occupational health and safety, Workers' compensation
Download Judgment: English

Francisco C. De La Rama v. The People’s Court

Country: Philippines
Year: 1946
Court: Supreme Court
Citation: G.R. No. L-982
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Right to liberty and security of person
Facts:

The Petitioner was an accused seeking bail on the grounds of ill health. In the meantime, he had filed a motion asking for permission to be confined and treated in a hospital while the bail petition was being considered. The People’s Court ordered that the Petitioner be temporarily confined and treated in the Quezon Institute, …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Custody, Detainee, Detention, Diagnostics, Examination, Imprisonment, Incarceration, Indigent, Inmate, Low income, Lung disease, Poor, TB, Testing, Tuberculosis
Download Judgment: English

Case T-011/04

Country: Colombia
Year:
Court: Constitutional Court [Corte Constitucional]
Citation: Constitutional Court, Fifth Revision Chamber, January 16, 2004, Magistrate: Dr. Rodrigo Escobar Gil, Ruling T-011/04
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life, Right to social security
Facts:

Jose Vicente Moreno, the plaintiff, was affiliated with the health promoting entity E.P.S. of the I.S.S. del Valle (“E.P.S of I.S.S.”). Due E.P.S. of I.S.S.’s failure to provide medical services that the plaintiff required for the treatment of a catastrophic illness, he filed an transfer request before the health promoting entity Comfenalco E.P.S. (“E.P.S. Comfenalco”), …Read more

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