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807 judgments found.
Country:
South Africa Year: 2014
Court: Constitutional Court of South Africa
Citation: (CCT 74/14) [2014] ZACC 34
Health Topics:
Child and adolescent health,
Disabilities,
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to health Facts: 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
Tags: Abortion,
Awareness,
Child development,
Children,
Compensation,
Confidentiality,
Damages,
Diagnostics,
Differently abled,
Disabled,
Disclosure,
Examination,
Health care technology,
Informed choice,
Minor,
Misdiagnosis,
Negligence,
Termination of pregnancy,
Testing,
Tort
Country:
Canada Year: 2014
Court: Federal Court
Citation: (2014) FC 651
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Poverty Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to life Facts: In 2012, the Governor-in-Council passed two orders modifying the Interim Federal Health Program (IFHP), thereby reducing health insurance coverage for refugee and asylum claimants in Canada. Canadian Doctors for Refugee Care (CDRC) and two groups of lawyers challenged the changes to the program to restore better coverage as the changes had a significant negative impact …Read more
Tags: Access to health care,
Access to treatment,
Health expenditures,
Health funding,
Health insurance,
Health regulation,
Health spending,
Immigrants,
Immigration,
Migrants,
Out-of-pocket expenditures,
Refugees,
Reimbursement,
Social security
Country:
Russia Year: 2014
Court: The European Court of Human Rights
Citation: [2014] EHCR 51857/13
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Infectious diseases,
Medicines,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to health Facts: Amirov is a local politician who was arrested and charged in June 2013 with attempted murder, attempting to organize a terrorist attack, and related charges. Amirov was paralyzed in 1993 and requires constant medical care. Amirov argued that he should not be detained pending trial because of his poor health, age and position in the …Read more
Tags: Access to health care,
Access to treatment Health facilities,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Diabetes,
Handicapped,
heart disease neurological diseases,
Hepatitis,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Kidney disease,
Noncommunicable diseases,
Physically challenged,
Prison conditions
Country:
Germany Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 36356/10
Health Topics:
Health care and health services,
Hospitals,
Medicines,
Mental health,
Violence Human Rights: Right to bodily integrity,
Right to liberty and security of person Facts: On August 19, 2004, Mr. Veit Aurnhammer was convicted by the Regensburg Juvenile District Court of causing bodily harm and damage to property after he struck two ticket collectors in the face when they tried to prevent him from evading ticket controls. Aurnhammer was further convicted of dangerous bodily injury after attacking his sleeping cellmate …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Incapacity,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental disorder,
Mental illness,
Mental institution,
Psychiatry,
Schizophrenia
Country:
Germany Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 75095/11
Health Topics:
Health care and health services,
Hospitals,
Medicines,
Mental health Human Rights: Right to bodily integrity Facts: Ms. Rosel Zierd filed an application claiming that the psychiatric medication administered against her late son’s will violated her own and her late son’s Convention rights. On May 31, 2006, Ms. Zierd’s son, H, was found by the Meiningen Regional Court to have committed a number of traffic offenses, including involuntary manslaughter. The court determined …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Incapacity,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental disorder,
Mental illness,
Mental institution,
Suicide
Country:
South Africa Year: 2014
Court: The Supreme Court Of Appeal Of South Africa
Citation: [2014] ZASCA 182
Health Topics:
Health care and health services,
Hospitals,
Medical malpractice,
Medicines,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to health Facts: The plaintiff underwent a regular hysterectomy for fibroid uterus at Dora Nginza Hospital. A week later, she was readmitted as she was suffering from unbearable pain and wound abscess. The abscess burst, as operation was not conducted on the scheduled date. She was again admitted to the hospital as she complained of a hard swelling …Read more
Tags: Access to health care,
Access to treatment,
Duty of care,
Health facilities,
Inadequate treatment,
Maternal health,
Negligence,
Psychology,
Public hospitals,
Remedies,
Standard of care,
Sterilization,
Trauma
Country:
South Africa Year: 2014
Court: The High Court of South Africa, Free State Division
Citation: Case No. 1054/2016
Health Topics:
Health care and health services,
Hospitals,
Medical malpractice Human Rights: Right to health Facts: The plaintiff alleged that the defendant was negligent in causing burn wounds during a thyroid lobectomy operation. She stated that she was not explained the possible complications of the operation. After the effect of Anaesthesia wore off, she complained of severe back pain but was not attended to immediately.
Tags: Damages,
Duty of care,
Health facilities,
Negligence,
Primary care,
Public hospitals,
Standard of care
Country:
Romania Year: 2014
Court: The European Court of Human Rights
Citation: ECHR 222 (2014)
Health Topics:
Health care and health services,
HIV/AIDS,
Hospitals,
Infectious diseases,
Medicines,
Mental health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to life Facts: The application was lodged by Centre for Legal Resources (CLR) on behalf of Campeanu, who was born in 1985 and died in 2004. He was abandoned at birth and was diagnosed as being HIV positive and suffered from a mental disability. In 2003, Mr. Campeanu had to leave the centre. Two assessments of his health …Read more
Tags: Access to drugs,
Access to healthcare,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Clinics,
Health facilities,
HIV,
HIV positive,
HIV status,
Negligence,
People living with HIV/AIDS,
PLHIV
Country:
Argentina Year: 2014
Court: Committee on the Rights of Persons with Disabilities
Citation: Communication No. 8/2012
Health Topics:
Chronic and noncommunicable diseases,
Disabilities,
Health care and health services,
Prisons Human Rights: Right to liberty and security of person Facts: 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
Tags: Access to health care,
Access to treatment,
Disabled,
Emergency care,
Examination,
Imprisonment,
Inhuman treatment,
Neurological diseases,
Physically challenged,
Prison conditions
Country:
Germany Year: 2014
Court: The European Court of Human Rights
Citation: Application no. 49278/09
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Medical malpractice,
Medicines Human Rights: Right to life Facts: The applicants are brothers whose father died after being treated by a German doctor for acute pain due to kidney stones. The doctor had ben recruited by a private agency to provide medical services for the National Health Services (NHS). The doctor was suspended by the private agency and returned to Germany. The doctor had …Read more
Tags: Access to treatment,
Clinics,
Compensation,
Damages,
Drug safety,
Duty of care,
Emergency care,
Health facilities,
Inappropriate treatment,
Negligence,
Non-pecuniary damage,
Public hospitals,
Remedies,
Standard of care,
Tort
Country:
Latvia Year: 2014
Court: The European Court of Human Rights
Citation: ECHR 181 (2014)
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to family life,
Right to privacy Facts: The applicant’s son at the age of 23 was in a car accident and sustained very serious injuries. He had to be operated on but his condition became worse after her surgery and he died. After a few months, she discovered that her son’s kidneys and spleen had been removed for organ transplantation after his …Read more
Tags: Clinics,
Degrading treatment,
Emergency care,
Health facilities,
Inhuman treatment,
Patient choice,
Public hospitals
Country:
Argentina Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: R. 9. XLIX
Health Topics:
Aging,
Disabilities,
Health care and health services,
Health systems and financing,
Hospitals,
Medicines Human Rights: Right to health,
Right to life Facts: 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
Tags: Access to health care,
Access to treatment,
Disabilities,
Disabled,
Health care professionals,
Health funding,
Mental disability,
Social security
Country:
Argentina Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: CSJ 44/2010(46-0) /CS1
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Occupational health,
Public safety Human Rights: Right to health,
Right to life,
Right to social security Facts: The plaintiff, the Health Insurance of the Construction Workers [Obra Social del Personal de la Construcción – OSPECON], filed suit against the National State, Ministry of Health and Social Action and Superintendent of Health Services to liquidate and transfer the corresponding funds from the Fondo Solidario de Distribución [Solidary Distribution Fund] created in law 23.661 to …Read more
Tags: Access to health care,
Budget,
Health funding,
Health regulation,
Health spending,
Social security,
Unemployment
Country:
Argentina Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 876. XLVII. REX
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Mental health Human Rights: Right to development,
Right to education,
Right to health,
Right to life,
Right to participation,
Right to work Facts: The plaintiff filed an appeal to the Supreme Court of Justice of the Province of Buenos Aires [Suprema Corte de la Provincia de Buenos Aires] against the health insurance of the Province of Buenos Aires [I.O.M.A] to obtain comprehensive coverage treatment in a special school [CEPP] for their disabled son that had Down’s syndrome, where he …Read more
Tags: Access to health care,
Access to treatment,
Health regulation,
Mental disability,
Mental illness
Country:
Argentina Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 1196. XLVII
Health Topics:
Aging,
Health care and health services,
Health systems and financing,
Hospitals,
Medicines Human Rights: Right to health,
Right to life,
Right to social security Facts: The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance “Unión Personal” to reestablish her as an retired affiliate of the health insurance based on article 10.h of Law 23.660. She had been a beneficiary during 20 years for being the spouse of the main affiliate. When her …Read more
Tags: Access to health care,
Access to medicines,
Access to treatment,
Aging,
Elderly,
Health insurance,
Health regulation,
Right to social security,
Social security
Country:
Namibia Year: 2014
Court: Supreme Court of Namibia
Citation: [2014] NASC 19
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Informed consent,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life Facts: The respondents, three Namibian HIV positive pregnant women, were sterilized while undergoing emergency caesareans. The respondents each signed a consent form, which included consent to the caesarean operation and sterilization through bilateral tubal ligation (BLT) but claimed that they did not provide informed consent which is required for sterilization to be considered lawful. The first …Read more
Tags: Abortion counseling,
Awareness,
Caesarean,
Compulsory sterilization,
Confidentiality,
Counseling,
Emergency care,
Family planning,
Forced sterilization,
Health care professionals,
Health care workers,
Health education,
Health records,
HIV,
HIV positive,
HIV/AIDS,
Informed choice,
Informed consent,
Involuntary sterilization,
Mandatory sterilization,
Medical records,
Non-consensual testing and treatment,
Patient choice,
People living with HIV/AIDS,
Sterilization,
Unauthorized treatment
Country:
Kenya Year: 2013
Court: High Court - Nairobi
Citation: Petition No. 94 of 2012
Health Topics:
Aging,
Chronic and noncommunicable diseases,
Diet and nutrition,
Health care and health services,
Health systems and financing,
Medicines,
Poverty Human Rights: Right to health,
Right to housing,
Right to social security,
Right to water and sanitation Facts: Petitioner, an elderly retired person, was diagnosed with diabetes and Benign Hypertrophy (a life-threatening terminal disease). Petitioner claimed that that the cost of the medication was prohibitive and that he was in need of urgent medical attention. Petitioner sought assistance of the court to enforce his fundamental rights to the highest attainable standard of health …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Aged persons,
Diabetes,
Diet,
Elderly,
Food,
Health spending,
Hunger,
Indigent,
Low income,
Malnutrition,
Noncommunicable diseases,
Older persons,
Out-of-pocket expenditures,
Poor,
Senior citizens,
Underprivileged
Country:
Australia Year: 2013
Court: High Court
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity Facts: Appellant doctor Reeves, a gynecologist, saw CDW, his patient, for treatment of a pre-cancerous lesion on her left labia minora. Reeves performed a “simple vulvectomy” which entailed the removal of CDW’s entire vulva, including her labia and clitoris. CDW filed suit, and provided evidence that she had only agreed to removal of a small flap …Read more
Tags: Cancer,
Examination,
Female genital mutilation,
Health care professionals,
Health care workers,
Inappropriate treatment,
Informed choice,
Involuntary treatment,
Non-consensual testing and treatment,
Noncommunicable diseases,
Patient choice,
Unauthorized treatment
Country:
Australia Year: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2049/2011, CCPR/C/108/D/2094/2011
Health Topics:
Child and adolescent health,
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 liberty and security of person Facts: The authors, 37 Sri Lankan citizens held in Australian immigration detention facilities, alleged that the actions of the Australian government regarding their detention violated Articles 7, 9, 10, 17, 23, and 24 of the International Covenant on Civil and Political Rights (the “Covenant”). At the time of the submission, all of the authors were …Read more
Tags: Access to health care,
Access to treatment,
Asylum,
Child development,
Cruel treatment,
Degrading treatment,
Depression,
Detainee,
Detention,
Immigration,
Inhuman treatment,
Migrants,
Refugees,
Suicide
Country:
Australia Year: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2136/2012, CCPR/C/108/D/2136/2012
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 liberty and security of person Facts: The authors, nine persons held in Australian immigration detention facilities, alleged violations of various articles (named below) of the International Covenant on Civil and Political Rights (the “Covenant”). The authors had different backgrounds. Two were Myanmarese citizens, six were Sri Lankan citizens, and one was a Kuwaiti citizen. They all entered Australian territorial waters on …Read more
Tags: Access to health care,
Access to treatment,
Asylum,
Cruel treatment,
Degrading treatment,
Depression,
Detainee,
Detention,
Immigration,
Inhuman treatment,
Mental illness,
Migrants,
Refugees
Country:
India Year: 2013
Court: Supreme Court
Citation: Writ Petition (Civil) No. 349 of 2006
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Hospitals,
Sexual and reproductive health Human Rights: Freedom from discrimination Facts: The order is about the problem of sex-selective abortion in India. The Court assed the present situation and the various barriers that must be taken into account when States take steps to address this problem by raising awareness of the legal status of the issue. The Parliament has taken steps to prevent sex selective abortion …Read more
Tags: Abortion,
Abortion counseling,
Access to health care,
Access to treatment,
Awareness,
Clinics,
Counseling,
Diagnostics,
Forced abortion,
Health care professionals,
Health care technology,
Health care workers,
Health data,
Health education,
Health facilities,
Health promotion,
Health records,
Infant mortality,
Maternal health,
Medical records,
Pregnancy,
Sex-selective abortion,
Termination of pregnancy,
Testing,
Unsafe abortion
Country:
Armenia Year: 2013
Court: Court of Cassation (Հայաստանի Հանրապետության Վճռաբեկ դատարան)
Citation: Case No. ‘ԵԿԴ/0077/11/12’
Health Topics:
Health care and health services,
Hospitals,
Infectious diseases,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to due process/fair trial,
Right to life Facts: Arman Antonyan, the son of the applicant Susanna Antonyan, died upon receiving treatment at a medical institution. A. Antonyan’s death was caused by acute liver failure resulted from the fulminant viral malignant hepatitis B. On May 31, 2010, S. Antonyan reported to the RA General Prosecutor’s Office that after her son A. Antonyan received treatment …Read more
Tags: Duty of care,
Emergency care,
Examination,
Health care professionals,
Health care workers,
Health facilities,
Hepatitis,
Infertility,
Negligence,
Public hospitals,
Testing
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:
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:
Burkina Faso Year: 2013
Court: African Court on Human and Peoples' Rights (Cour Africaine des droits de l’homme et des peoples)
Citation: Application No. 004/2013
Health Topics:
Health care and health services,
Prisons Human Rights: Freedom of expression,
Right to health Facts: Lohé Issa Konaté alleged that his criminal conviction in Burkina Faso for libel was a violation of his right to freedom of expression, contrary to Article 9 of the African Charter on Human and Peoples’ Rights (“Charter”) and Article 19 of the International Covenant on Civil and Political Rights (“ICCPR”). At the High Court, Konaté …Read more
Tags: Access to health care,
Access to treatment,
Custody,
Detainee,
Detention,
Imprisonment,
Incarceration,
Inmate,
Jail
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:
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