A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

The plaintiff stated that the Butabika Hospital is the only public psychiatric hospital under the Ministry of Health in Uganda. Further it is the only mental referral hospital and cases referred to it by other health facilities are of acute conditions, which require a specialized and skilled management. A part of the procedure in the …Read more

The applicants’ daughter suffered from cardiac problems when she was 1 year old and received treatment for it in children’s hospital. The first applicant (father) signed a consent form for a surgery of her daughter. The consent form entailed the risks. A further operation was conducted after obtaining a similar form from the father. After …Read more

The Plaintiff, who is a doctor worked on locum basis for the Defendant, which is a corporate entity and provided medical services. The Defendant offered the post of Medical Officer to the plaintiff with the condition that he is deemed medically fit. Thereafter the Defendant withdrew the appointment offer and informed the Plaintiff that he …Read more

In 2001, Mr. Akkoyunlu (the applicant) started his compulsory military service in Turkey. On July 25, 2001, he went to the infirmary of his regiment to complain about severe pain in his left eye. The military doctor was unavailable, so he was given eye drops by another soldier, who had no medical qualifications. He later …Read more

After Plaintiff Gloria Taylor was diagnosed with a terminal illness in 2009, she challenged the constitutionality of the Canadian Criminal Code Section 241(b), which prohibited assistance in dying. The trial court held that the law was unconstitutional and granted Taylor an exemption from the law. The Court of Appeal reversed, basing their decision on the …Read more

The appellant, Craig Mathieson, represented his deceased son, whose Disability Living Allowance (DLA) had been suspended by the Secretary of State for Work and Pensions. The son had been severely disabled since birth and required a high level of care. His parents were his primary care-givers. The son was admitted to the hospital for chronic …Read more

The Northern Ireland Human Rights Commission (“Commission”) brought an application alleging that the rights of women in Northern Ireland who are or become pregnant with a serious malformation of the fetus (SMF), fatal fetal abnormality (FFA) or who are pregnant as a result of sexual crimes were being breached by Section 58 and Section 59 …Read more

The plaintiffs, the legal guardians of their brother, filed a complaint so that the Court order the withdrawal of enteral tube feeding and hydration of their brother that artificially keep him with life. The patient in October 23 of 1994 suffered a car accident that left him in a permanent vegetative state. His representatives based …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Commission for the Integration of Disabled People [Comisión Nacional Asesora para la Integración de las Personas Discapacitadas] for them to provide the comprehensive coverage of the medical services the plaintiff needed due to her disability. The National Commission argued that …Read more

The plaintiff, a Civil Association for the Defense of Rights in the Federal and International Level [Asociación Civil para la Defensa en el Ámbito Federal e Internacional de Derechos – Asociación DE.FE.IN.DER.], filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Institution for Social Security Services for Retiree [Instituto Nacional …Read more

The plaintiff, a childminder in the employ of the Municipality of Billund (the defendant), was fired. The plaintiff claimed such firing was due to his obesity, although  the defendant claimed that the plaintiff was fired due to a decline in the number of children for him to take care of. The European Convention for the …Read more

A Brazilian national, S.C., worked as a teller at a state-run bank. S.C. was involved in three motorcycle accidents, in 2006, 2007, and 2009. She underwent surgery in 2008 after the second accident. She took medical leave in 2009. Under the bank’s internal policy, she was required to return from medical leave within three months …Read more

The petitioner and his accomplice kidnapped, beat, raped, and murdered a pregnant woman before driving to a convenience store, which they planned to rob. In the parking lot of the store, they killed a sheriff’s deputy who attempted to apprehend them. The petitioner received the death penalty for both murders. He argued that he could …Read more

The mother of the applicant, who was born in 2008 with Down Syndrome instituted a claim on his behalf for damages against the Fetal Assessment Centre. Her son was born in 2008 with Down syndrome. She claimed that the Centre negligently failed to warn her of the high risk that her child would be born …Read more

This case involves a claimant that repeatedly requested house arrest due to disability, but was denied house arrest and held in a prison he claims lacks the infrastructure necessary to maintain his right to health and dignity. Claimant was being held in pretrial detention at a prison complex. With authorization of the court, he underwent …Read more

The appellants, all individuals suffering from severe medical conditions, wished to die but were physically incapable of doing so themselves, due to their respective medical limitations. They could not find anyone to assist them in ending their lives; UK law criminalized assisting suicide. At issue was whether s. 2(1) of the Suicide Act 1961 (“s. …Read more

The plaintiff, a woman that suffered a hemorrhagic stroke that left her in a coma since 1999, filed a suit against the Provincia Servicios de Salud S.A for breach of contract. The plaintiff signed a contract with the respondent called “Plan Verde” [Green Plan]that stated that in case of hospitalization and surgery hospitalization, the insurance …Read more

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

Mr. Slattery brought this action in the Victorian Civil and Administrative Tribunal (“the Tribunal”) alleging that the City Council of Manningham (“the Council”) had unfairly discriminated against him based on his disability. Slattery suffered from a series of mental impairments including bipolar disorder, attention deficit hyperactive disorder, and post-traumatic stress disorder. Additionally, he acquired a …Read more

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

The plaintiff, who had previously given birth via caesarean section, was due to give birth a second time. Her obstetrician recommended a vaginal birth. During labor, Cojocaru’s uterus ruptured, which restricted oxygen supply to the baby. The scar from the previous caesarean contributed to the rupture, and an emergency caesarean section was performed. The baby …Read more

The plaintiff, Cassidy Ediger (C) suffered from persistent bradycardia (slow heartrate) during birth resulting in severe brain damage. During the delivery procedure, the doctor attempted a mid-level forceps procedure as C’s mother’s labour was not progressing. Dr. Johnston did not inform C’s mother of the risks involved in the procedure including bradycardia and hence did …Read more

The plaintiff brought the case with First Instance Civil and Commercial Court of San Martín [Juzgado de Primera Instancia en lo Civil y Comercial N°7 de San Martín] against the provincial executive organ of the Federal Program of Health [PROFE Salud] to provide coverage and prescribed medicines she needed for her strict treatment for her systemic …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) with Federal First Instance Court of La Plata [Juzgado Federal Instancia n° 2 de La Plata] against the responsible of the Federal Program of Health [PROFE Salud] to provide health coverage for her underage son who suffered from sensorineural deafness. The Federal …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) to the First Instance Labor Court of La Plata [Tribunal del Trabajo n 3 del Departamento Judicial de La Plata] against the responsible of the Federal Program of Health [PROFE Salud] to provide health coverage. The First Instance Labor Court of La Plata …Read more

The petitioner had a chronic connective tissue disorder, Ehlers-Danlos Syndrome (EDS), due to which she could no longer leave her house nor could she be transported to the hospital because of the increased risk of injury. The only type of rehabilitation available to her was hydrotherapy via an indoor pool at her house. Accordingly, the …Read more

At the time of the events involved in the case, ZH was a sixteen-year-old boy who suffered from autism and epilepsy. ZH was taken on a pool visit where he became fixated by the water. His carers and the pool staff could not touch him because he would have reacted adversely. The pool manager called …Read more

The appellant contracted a disease while on a business trip to the Chernobyl region to participate in work to contain the consequences of the nuclear disaster. He sought to receive employment compensation based on the disease he acquired and his resulting disability, without submitting an official report on an accident at work or an occupational …Read more

The Crown alleged that the complainant, a 26-year-old woman with the mental age of a three to 6-year-old was repeatedly sexually assaulted by her mother’s partner D.A.I during the four years that he lived in their home. The Crown sought to call the complainant to testify about the alleged assaults. The trial judge found that …Read more

The applicant’s late wife suffered from total sensorimotor quadriplegia. The couple requested the German Federal Institute for Drugs and Medical Devices (the “Federal Institute”) grant her authorization to obtain a lethal dose of pentobarbital of sodium so she could commit suicide. The Federal Institute refused the request on the grounds that the German Narcotics Act …Read more