The applicants are Slovakian females. After their treatment in two Eastern Slovakian hospitals for their pregnancies and deliveries, they could not conceive after multiple attempts. They suspected that a sterilisation procedure must have been conducted during their caesarean delivery. The lawyers of the plaintiffs attempted to get their medical records from the hospitals but were …Read more

In 2000, the Ombudsman of Bolivia, on behalf of the victim, lodged a petition to the Inter-American Commission on Human Rights alleging that victim was submitted to a surgical procedure of ligature of the fallopian tubes in a public hospital without her informed consent and this was therefore an involuntary sterilization. The Ombudsman further alleged …Read more

A, a Russian national, was a former practicing member of the Moscow bar. On 29 March 2006 a Moscow district court authorized the criminal prosecution of A in connection with his alleged participation in the embezzlement of property and shares of several oil companies in the late 1990s. On 5 April 2006 Russian authorities searched …Read more

Please note that only portions of the original judgment have been translated into English. This summary is primarily written from those portions. The Federal District legislature approved reforms to the Criminal Code of the Federal District in which it decriminalized and legalized abortion performed during the first 12 weeks of gestation. It also amended the …Read more

The applicant was a United Kingdom national imprisoned at H.M. Prison Whitemoor who complained that the Government’s failure to provide needle exchange programs in prisons violated the rights of prisoners under Article 2 (respect for the right to life), Article 3 (prohibition of torture and inhuman or degrading treatment or punishment), Article 8 (respect for …Read more

The applicant, Mr. Shtukaturov, was born in 1982 and first began showing signs of mental illness in 2002. In August 2002, he was held for approximately 8 months in a psychiatric hospital, receiving a diagnosis of simple schizophrenia. On August 3, 2004, Shtukaturov’s mother petitioned the Vasileostrovskiy District Court of St. Petersburg, claiming that her …Read more

The applicant, Sergey Solomakhin, visited Donetsk City Hospital on November 23rd, 1998. There, he was diagnosed with an acute respiratory disease and prescribed out-patient treatment. On his next visit, the hospital conducted a diphtheria vaccine reaction test, and he did not react to the diphtheria antigens. On November 28th, 1998, he was vaccinated against diphtheria. …Read more

E.E., an adult, was in a car accident in 1992. As a result of this accident, she entered into an irreversible vegetative coma. E.E. was not clinically dead, defined as the “irreversible  cessation  of  all  encephalon  functions,” but was clinically in a permanent vegetative state (PVS). She was kept alive through force-feeding by means of …Read more

While giving birth to her second son, the Respondent lost a large amount of blood and needed a blood transfusion. Her relatives bought erythrocyte mass and karyoplasms from the Kutaisi Regional Blood Bank.  After the transfusion, the Respondent and her son became sick and doctors ultimately concluded that the Respondent and her son was HIV …Read more

R. Lalitha, late wife of the Petitioner, M. Chinnaiyan underwent an operation in Sri Gokulam Hospital, the 1st Respondent (R1). In the post operative period, two units of blood from Queen Mary’s Laboratory, the 2nd Respondent (R2), was transfused into her. Soon thereafter, she developed many infections and tested positive for HIV. She later died …Read more

A publishing company published a biography on a South African member of parliament that disclosed the names of three women who were HIV-positive. The three women alleged that their names had been published in the book without their prior consent having been obtained. They had participated in clinical trials, known as the FTC 302 trials, directed …Read more

The applicants in this case were the wife and children of Mr. I.M. who was diagnosed with icterus and went through investigations and treatment. After being hospitalized, it was confirmed that he had “cholestatic jaundice due to cholestatic calculus – left renal lithiasis clinically significant for approximately three days”; he and his family hadn’t been …Read more

The Proceedings Commissioner at the Fiji Human Rights Commission brought a claim on behalf of J, against the Commissioner of Police, for alleged breaches of ss 25(2)[1] and 27(1)(f)[2] of the Constitution. J, who was working at the Village 6 Cinema Complex, found a new born baby in a toilet. The police were called and …Read more

The state of Oregon legalized a physician-assisted suicide law. This law exempts state-licensed physicians who “dispense or prescribe a lethal dose of drugs upon the request of a terminally ill patient” from civil or criminal liability. The law required that the patient must have a diagnosis of an incurable and irreversible disease that reasonably will cause …Read more

Jalloh brought an action before the European Court of Human Rights (the Court), arguing that the administration of emetics by force by German officials had constituted a serious interference with his physical integrity and posed a serious threat to his health and life. Jalloh was a suspected drug dealer who was arrested by the police …Read more

In March 2002, the Botswana Government terminated certain basic services to the Central Kalahari Game Reserve (CKGR), including access to: Drinking water; Maintenance of borehole water; Rations to registered destitute; Rations to registered orphans; Transport for the applicants’ children to and from school; and Healthcare to the applicants through mobile clinics and ambulance services. The …Read more

Falcon María Liliana filed anguarantee of protection of individual constitutional rights (amparo protection) against a hospital in Argentina for refusing to perform a sterilization procedure during the birth of her seventh child. The plaintiff had requested doctors to perform a ligation of her Fallopian tubes, and/or any other necessary procedure, during a planned caesarean section …Read more

The applicant was a Hungarian Roma woman who claimed that she had been subjected to coerced sterilization by medical staff at a Hungarian hospital. On 30 May 2000, the applicant was examined by a doctor and found to be pregnant with her fourth child, with the delivery date estimated to be 20 December 2000. Meanwhile, …Read more

AB’s husband passed away from a motor vehicle accident in the state of Victoria. The couple usually resided in the Australian Capital Territory (ACT). In vitro fertilization (IVF) treatment was available in the ACT, but s 43 of the Infertility Treatment Act 1995 (IT Act) prohibited the use of a dead man’s sperm for a …Read more

Dr. Lisse, a private medical practitioner, challenged the Minister of Health and Social Services’ (Minister) decision to deny him authorization to conduct surgeries at the Windhoek State Hospital. Lisse was a registered medical practitioner and specialist obstetrician and gynecologist authorized to practice under the Medical and Dental Professions Act, 1993.  He opened a private practice …Read more

H challenged the provision of the Mental Health Act 1983 under which she was detained as incompatible with her right to liberty and security under Human Rights Act 1998. H was a 32-year old woman who was severely disabled by Down’s syndrome. H’s mother intensely distrusted health and social services, and refused on many occasions …Read more

N.V. submitted a lawsuit in Court against the respondent LLC “… Hospital” for reimbursement of pecuniary and non-pecuniary damages after multiple failed surgeries. The plaintiff alleged the resulting damages were caused by poorly done surgeries and post-surgical treatment. The plaintiff was operated on for left pelvis-hip joint total endoprosthesis. The plaintiff had three surgical operations …Read more

Applicant, a German national, alleged violations under Article 5 (right to liberty and security of person), Article 6 § 1 (right to a fair hearing) and Article 8 (right to respect for his private and family life) of the European Convention on Human Rights concerning her involuntary placement and medical treatment in a private clinic …Read more

Mrs. X was treated for persistent kyphosis (curvature of the spine) by Dr. Y. After her spinal graft operation, she developed a problem with her eye known as cavernous sinus thrombosis. As a result, she lost sight in her left eye. Mrs. X sued Dr. Y for failing to inform her about all of the risks …Read more

After a colonoscopy, a patient suffered from  intestinal perforation. The patient sued the doctor for not having provided information on the possible risks of the surgery to him prior to the surgery. The Court of Appeal held that the patient had the burden to prove that the doctor had breached his duty to inform, and …Read more

After a tympanoplasty procedure provided by Dr. Y, Mrs. X suffered from partial facial paralysis. Mrs. X sought damages for the entire facial paralysis that she suffered, claiming that Dr. Y had violated the doctor’s duty to fully inform patients of the potential consequences of a medical procedure. The lower court awarded Mrs. X damages, and …Read more

A woman being treated by Polyclinic requested that two doctors from outside the clinic to come to treat her child. The polyclinic did not allow the two pediatric specialists to practice in the clinic. The Court of Appeal held that the polyclinic had violated L. 1111-1 of the Public Health Code and L.162-2 of the …Read more

In 2002, the ASSOCIATION AGAINST HANDIPHOBIA brought this challenge to Article L. 2123-2 of the Public Health Code, which allows for a guardian judge to impose contraception, sterilization and pregnancy termination on people with mental disabilities after rigorous review. The Association claimed the law was unconstitutional, a violation of the Declaration of the Rights of …Read more

The case involved two petitions that required the Constitutional Court to examine certain elements that imposed regulations on sterilization. The first petitioner challenged the constitutionality of the Minister of Health Decree 12/1987 (VIII. 19.) EüM on Sterilization (hereinafter “D1”), which imposed certain restrictions (related to age and number of prior blood children) on a person …Read more

The plaintiff filed a suit against the National Institute of Social Services for Retiree [Instituto Nacional de Servicios Sociales para Jubilados y Pensionados] and Prestaciones Médico Asistenciales S.A. [PAMI] for the reimbursement of the surgical procedure the plaintiff had to go through in a Hospital that wasn’t designated by the health insurance company. This occurred because …Read more