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346 judgments found.
Country:
Argentina Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 12/3/2002, "Ramos, Marta Roxana y otros c/ Buenos Aires, Provincia de y Otros s/Amparo," (R. 1012. XXXVI) (Arg.).
Health Topics:
Child and adolescent health,
Diet and nutrition,
Health care and health services,
Health systems and financing,
Hospitals,
Poverty Human Rights: Right to development,
Right to education,
Right to food,
Right to health,
Right to housing,
Right to social security Facts: Woman living in extreme poverty brought an action against the Ministry of Social Development and Environment of the Nation, the Province of Buenos Aires, and Hospital of Pediatrics Profesor Juan P. Garrahan on behalf of her eight children and herself, seeking, among others, the protection of their rights to food, health, education, and housing; the …Read more
Tags: Access to health care,
Access to treatment,
Children,
Clinics,
Emergency care,
Health funding,
Health insurance,
Minor,
Out-of-pocket expenditures,
Pediatric health,
Public hospitals,
Reimbursement,
Social security,
Subsidies
Country:
South Africa Year: 2002
Court: Labour Court of South Africa
Citation: Case No: J 158/02; [2002] ZALC 7
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Hospitals,
Infectious diseases,
Informed consent,
Occupational health Human Rights: Freedom from discrimination Facts: The Applicant, Joy Mining Machinery, was a manufacturer, supplier and service provider of mining machinery. The Applicant had attempted to determine the extent of HIV prevalence at its workplace by commissioning a study of HIV prevalence based on the demographic groups at the workplace. As this was ultimately unhelpful, the Applicant wished to determine the …Read more
Tags: AIDS,
Awareness,
Clinics,
Confidentiality,
Counseling,
Health care workers,
Health education,
HIV,
HIV status,
Informed choice,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Testing
Country:
India Year: 2001
Court: High Court - Andhra Pradesh
Citation: 2001 (6) ALT1
Health Topics:
Disabilities,
Health systems and financing,
Hospitals,
Water, sanitation and hygiene Human Rights: Freedom from discrimination,
Right to health,
Right to life Facts: A letter sent to the Andhra Pradesh High Court informed it of the death of an inmate in a Government hostel for the blind and of the inhumane conditions in the hostel. The letter requested the High Court to intervene in the interest of justice. The High Court converted the letter in to a public …Read more
Tags: Blind,
Disabled,
Handicapped,
Health facilities,
Public hospitals
Country:
India Year: 2001
Court: High Court - Delhi
Citation: MANU/DE/0868/2001
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Right to health,
Right to life Facts: Lt. Col. B.S. Dhanda, the Petitioner, was an army official who was advised to undergo angiography and other specialized treatment at Escorts Hospital. The medial expenses incurred during this period were cleared by the Army Hospital. On submitting the bills for reimbursement, only a part of the claim was reimbursed. The Petitioner unsuccessfully filed a …Read more
Tags: Access to treatment,
Heart disease,
Military,
Private hospitals,
Reimbursement,
Secondary care,
Tertiary care
Country:
India Year: 2001
Court: High Court - Patna
Citation: 2001 (49) BLJR 1543; (2001) IILLJ 1333 Pat
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Right to health,
Right to life Facts: Veena Sharma, the Petitioner, submitted medical bills incurred during her late husband’s hospitalization. After contracting a disease, her late husband was admitted to a hospital. After being discharged, his condition deteriorated. On the recommendation of the State of India, the Respondent, and the Bank’s doctor, he was admitted in a different private hospital. Upon submitting …Read more
Tags: Access to treatment,
Private hospitals,
Public hospitals,
Reimbursement,
Secondary care,
Tertiary care
Country:
India Year: 2001
Court: High Court - Andhra Pradesh
Citation: 2002 ACJ 32; AIR 2001 AP 502; 201 (5) ALD 522; 2001 (5) ALT 154; 2001 (2) APLJ 450
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Hospitals,
Infectious diseases,
Medical malpractice,
Medicines Human Rights: Right to health,
Right to life Facts: The Petitioner was the wife of a Pump Operator working for the Respondent, Singareni Colleries Co. Ltd. The Petitioner underwent a family planning operation at the Singareni Maternity Hospital (the Hospital) after which she suffered from abdominal pains. Her pains led to a diagnosis of Chronic Cervicitis for which she had to undergo a hysterectomy. …Read more
Tags: Access to medicines,
Blood transfusion,
Examination,
Injecting drug users,
Negligence,
Reimbursement,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Testing
Country:
South Africa Year: 2001
Court: High Court - Transvaal Provincial Division
Citation: 2002(4) BCLR 356 (T)
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
HIV/AIDS,
Hospitals,
Infectious diseases,
Medicines,
Sexual and reproductive health Human Rights: Right to health,
Right to life Facts: Applicants sought an order that the respondents (the Minister of Health and the members of the executive council for health) make Nevirapine available to pregnant women with HIV who give birth in public health institutions and “produce and implement an effective national program to prevent or reduce mother to child transmission (MTCT) of HIV, including …Read more
Tags: Access to medicines,
Access to treatment,
Antiretrovirals,
ARVs,
Child development,
Child mortality,
Children,
Counseling,
HIV positive,
Infant health,
Infant mortality,
Maternal health,
Minor,
Public hospitals,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Testing
Country:
Finland Year: 2001
Court: European Court of Human Rights
Citation: Application No. 25702/94; (2003) 36 EHRR 18; [2000] ECHR 173
Health Topics:
Child and adolescent health,
Hospitals,
Mental health Human Rights: Right to family life Facts: Applicants were two Finnish Nationals, a mother (K.) and her cohabitant (T.). K., a diagnosed schizophrenic, had a history of hospitalization. At the time K. and T. began cohabitating in 1991, K.’s daughter (P.) and son (M.) were living with her. The children had different fathers, neither of whom was T. In 1992, custody of …Read more
Tags: Child development,
Children,
Compulsory commitment,
Health facilities,
Incapacity,
Incompetence,
Infant health,
Involuntary commitment,
Mandatory commitment,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Minor,
Pediatric health,
Psychiatry,
Psychology,
Schizophrenia
Country:
France Year: 2001
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2001-446 DC, 27 June 2001
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Hospitals,
Informed consent,
Sexual and reproductive health Human Rights: Right of access to information,
Right to bodily integrity,
Right to health,
Right to liberty and security of person,
Right to life Facts: Before the promulgation of the Voluntary Interruption of Pregnancy Act, 78 senators made a referral to the French constitutional court challenging the constitutionality of the new bill according to article 61 of the French Constitution. The Act had three components. It extended to 12 weeks the period of time a woman could have an abortion …Read more
Tags: Abortion,
Abortion counseling,
Access to health care,
Children,
Counseling,
Criminalization,
Forced abortion,
Freedom of information,
Health facilities,
Infant mortality,
Informed choice,
Minor,
Patient choice,
Pregnancy,
Therapeutic abortion,
Unsafe abortion
Country:
France Year: 2001
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°198546, 26 October 2001
Health Topics:
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to family life Facts: The plaintiff’s husband was hospitalized due to severe renal failure. Conscious of his severe state of health, the husband wrote a statement ten days later stating that, as a Jehovah’s Witness, he refused to get any blood products or transfusions, even if there were essential to his survival. The doctors gave him a blood transfusion …Read more
Tags: Awareness,
Clinical trials,
Emergency care,
Forced treatment,
Informed choice,
Involuntary treatment,
Non-consensual testing and treatment,
Notification,
Patient choice,
Public hospitals,
Tort,
Unauthorized treatment
Country:
Canada Year: 2001
Court: Ontario Court of Appeal
Citation: 56 OR (3d) 505; 208 DLR (4th) 577 (Ont CA)
Health Topics:
Health care and health services,
Health information,
Health systems and financing,
Hospitals Human Rights: Freedom from discrimination,
Right of access to information,
Rights to the benefits of culture Facts: Montfort Hospital appealed the Healthcare Services Restructuring Committee’s (HSRC) decision to transfer services away from the hospital. Montfort was a full-service, general hospital in Ontario that operated, trained health-care professionals and provided services in French on a full-time basis, servicing a large francophone population in eastern Ontario. Exercising its authority under the Public Hospitals Act, …Read more
Tags: Access to health care,
Access to treatment,
Awareness,
Budget,
Health care professionals,
Health care workers,
Health education,
Health expenditures,
Health facilities,
Health funding,
Health promotion,
Health regulation,
Health spending,
Primary care,
Public hospitals,
Secondary care,
Social security,
Tertiary care
Country:
Argentina Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: T. 421. XXXVI.
Health Topics:
Hospitals,
Sexual and reproductive 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: The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against a public hospital in the city of Buenos Aires, to obtain the termination of a pregnancy because the fetus was anencephalic (a baby born with an underdeveloped brain and an incomplete skull), which was denied by the hospital. Abortions are illegal in …Read more
Tags: Right to bodily integrity,
Right to Health,
Right to Life,
Right to Privacy,
sexual and reproductive rights
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:
Belgium Year: 2000
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2000-136f, 21 December 2000
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Poverty Human Rights: Freedom from discrimination,
Right to health,
Right to property Tags: Access to health care,
Budget,
Health care professionals,
Health care workers,
Health expenditures,
Health funding,
Health insurance,
Health regulation,
Out-of-pocket expenditures,
Private hospitals,
Public hospitals,
Reimbursement,
Social security,
Subsidies,
Underprivileged
Country:
El Salvador Year: 2000
Court: Supreme Court
Citation: No. 240-2000
Health Topics:
Hospitals,
Mental health Human Rights: Right to liberty and security of person Facts: The petitioner challenged an order by the lower court allowing his continued detention in a psychiatric hospital. A psychiatrist who had examined him stated that he could make a full recovery through outpatient treatment and did not need to remain detained. The lower court had upheld his detention because he was diagnosed with undifferentiated schizophrenia …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Health facilities,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental disorder,
Mental illness,
Psychiatry,
Schizophrenia
Country:
Ireland Year: 2000
Court: The European Court of Human Rights
Citation: [2000] EHCR 33267/96
Health Topics:
Health care and health services,
Hospitals,
Mental health Human Rights: Right to liberty and security of person Facts: The applicant, Mr. Croke filed a complaint under Article of the European Convention on Human Rights about the absence of an independent and automatic review prior to or immediately after his initial detention in a psychiatric hospital and about the absence of a periodic, independent and automatic review of his detention thereafter. In the early …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Heath facilities,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental illness,
Mental institution,
Psychiatry. Mental disorder
Country:
Canada Year: 2000
Court: Ontario Court of Appeal
Citation: [2000] OJ No. 2787, 135 OAC 1
Health Topics:
Chronic and noncommunicable diseases,
Controlled substances,
Health care and health services,
Hospitals,
Informed consent,
Medicines Human Rights: Right to bodily integrity,
Right to health,
Right to liberty and security of person,
Right to life Facts: Terrance Parker suffered from severe epilepsy since he was a young child. He could substantially reduce the incidence of seizures by smoking marihuana, but he had no legal source of marihuana. Parker was charged with cultivating marihuana under the Narcotic Control Act and with possession of marihuana under the new Controlled Drugs and Substances Act. …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Alternative medicine,
Clinical testing,
Clinical trials,
Criminalization,
Drug enforcement,
Drug safety,
Drug use,
Epilepsy,
Experimental treatment,
Harm reduction,
Manufacturing,
Marijuana,
Neurological diseases,
Patient choice,
People who use drugs
Country:
United States Year: 1999
Court: Supreme Court
Citation: 527 U.S. 581 (1999)
Health Topics:
Disabilities,
Health care and health services,
Hospitals,
Mental health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to liberty and security of person Facts: The Respondents, L. C. and E. W., both mentally disabled women, brought proceedings against the State alleging that the State’s failure to place them in a community-based program, after their treating professional had determined that such a placement was appropriate, violated Title II of the Americans with Disabilities Act of 1990 (ADA). Title II of …Read more
Tags: Access to treatment,
Community-based care,
Compulsory confinement,
Disabled,
Handicapped,
Involuntary confinement,
Mandatory confinement,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Mental retardation,
Psychiatry,
Psychology,
Public hospitals,
Schizophrenia
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:
Australia Year: 1999
Court: High Court
Citation: (1999) 197 CLR 269; (1999) 162 ALR 540; (1999) 73 ALJR 782; (1999) 9 Leg Rep 2; [1999] HCA 22
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals,
Medical malpractice,
Violence Human Rights: Right to due process/fair trial Facts: In July 1980 the appellant, who was 12 years old at the time, was struck on the head by the bag of a schoolmate and collapsed. The appellant was seen by a general practitioner who referred him to Western General Hospital, the first respondent, where he was placed under the care of Mr. Jensen, the …Read more
Tags: Assault,
Children,
Compensation,
Damages,
Diagnostics,
Examination,
Health care professionals,
Health care technology,
Health care workers,
Inadequate treatment,
Minor,
Misdiagnosis,
Negligence,
Pediatric health,
Standard of care
Country:
Nepal Year: 1999
Court: Supreme Court
Citation: Writ No.064 WO 0230
Health Topics:
Child and adolescent health,
Diet and nutrition,
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Poverty,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to health,
Right to life,
Right to privacy Facts: Under Article 20(2) of the Interim Constitution 2063 in Nepal, every woman in Nepal had the fundamental right to reproductive health. However, there were no effective health services addressing the issue of uterine prolapse, a serious ailment affecting nearly 600,000 women in Nepal. The Petitioners, among others, Pro-Public, an organization working in the area of …Read more
Tags: Abortion,
Access to health care,
Access to treatment,
Awareness,
Budget,
Child development,
Child mortality,
Childbirth,
Children,
Diet,
Family planning,
Food,
Health care workers,
Health education,
Health expenditures,
Health funding,
Health promotion,
Health spending,
Infant health,
Infant mortality,
Malnutrition,
Maternal health,
Maternal mortality,
Miscarriage,
Pediatric health,
Poor,
Pregnancy,
Primary care,
Termination of pregnancy,
Underprivileged,
Unsafe abortion
Country:
Argentina Year: 1999
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S. 360. XXV.
Health Topics:
Disabilities,
Health care and health services,
Hospitals,
Medical malpractice Human Rights: Right to bodily integrity,
Right to health,
Right to life Facts: Martha Susana Schauman de Scaiola filed a suit against Dr. Juan Manuel Padrón and the Regional Hospital of Río Gallegos of the Government of the Province of Santa Cruz to hold them responsible for her son’s death, due to medical malpractice. She claimed liquidated damages due to her suffering caused from the death of her …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Health care professionals,
Health insurance,
Health regulation,
Medical malpractice,
Medical negligence,
Social security
Country:
Canada Year: 1999
Court: Supreme Court of Canada
Citation: [1999] 2 SCR 625
Health Topics:
Hospitals,
Mental health,
Violence Human Rights: Freedom from discrimination,
Right to bodily integrity Facts: The appellant was schizophrenic and was arrested for attacking pedestrians on the street with a knife. Prior to the incident he had been hearing voices. The appellant was charged with aggravated assault, assault with a weapon, and possession of a weapon for purposes dangerous to the public peace. He was found not criminally responsible (“NCR”) …Read more
Tags: Assault,
Compulsory commitment,
Compulsory confinement,
Freedom from discrimination. TAGS: Health facilities,
Incapacity,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Psychiatry,
Psychosis,
Public hospitals,
Right to bodily integrity,
Schizophrenia
Country:
India Year: 1998
Court: High Court - Allahabad
Citation: 1999 (1) AWC 847
Health Topics:
Diet and nutrition,
Health care and health services,
Hospitals,
Infectious diseases,
Medicines,
Poverty,
Water, sanitation and hygiene Human Rights: Right to a clean environment,
Right to food,
Right to health,
Right to life,
Right to water and sanitation Facts: The Petitioner, S.K. Garg, filed a writ petition in the Allahabad High Court under Article 226 of the Constitution of India (original writ jurisdiction of High Courts). The petition brought to the Court’s attention the appalling and unhygienic condition of Government hospitals in the city of Allahabad. It was alleged that indigent patients had been …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Cleanliness,
Diet,
Essential medicines,
Indigent,
Malaria,
Malnutrition,
Pharmaceuticals,
Poor,
Public hospitals,
Sewage,
Underprivileged
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:
Argentina Year: 1998
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 169.XXXIII
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Right to housing,
Right to social security Facts: Policlínica Privada de Medicina y Cirugía S.A. (Policlínica) brought aguarantee of protection of individual constitutional rights (amparo protection) against the resolution of the Health Secretary of the then Municipality of the City of Buenos Aires. Policlínica had sought to transfer a minor, who was receiving intensive care treatment in the Petitioner’s premises, to a public hospital. The minor …Read more
Tags: Access to health care,
Access to treatment,
Children,
Clinics,
Emergency care,
Health funding,
Health insurance,
Minor,
Out-of-pocket expenditures,
Pediatric health,
Private hospitals,
Public hospitals,
Reimbursement,
Social security,
Subsidies
Country:
Turkey Year: 1998
Court: European Court of Human Rights
Citation: App. No. 23178/94, 25 Eur. H.R. Rep. 251 (1998).
Health Topics:
Child and adolescent health,
Hospitals,
Sexual and reproductive health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial Facts: The applicant was a 17-year old Turkish national of Kurdish origin girl who lived with her parents in a village in south-east Turkey. Since 1985 serious disturbances had raged in this part of the country between the security forces and the members of a Kurdish separatist party. Turkey claimed that these had resulted in the deaths …Read more
Tags: Armed conflict,
Children,
Compensation,
Cruel treatment,
Degrading treatment,
Health care professionals,
Health care workers,
Humiliating treatment,
Military,
Minor,
Pregnancy,
Public hospitals,
Rape,
Sexual assault,
Sexual violence,
Terrorism,
Torture