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201 judgments found.
Country:
Canada Year: 2020
Court: Ontario Superior Court of Justice
Citation: 2020 ONSC 6398
Health Topics:
Chronic and noncommunicable diseases,
Sexual and reproductive health,
Water, sanitation and hygiene Facts: 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
Tags: Access to healthcare,
Access to treatment,
Addiction,
Chronic and noncommunicable diseases,
Cleanliness,
Depression,
Diabetes,
Disabled,
Drug abuse,
drug users,
Health care and health services,
Infectious diseases,
Influenza,
Mental health,
Noncommunicable diseases,
Opioids,
People who use drugs,
Poverty,
Public safety,
Pulmonary diseases,
Respiratory diseases,
Safe drinking water,
Sexual and reproductive health,
Sexual harassment,
Substance abuse,
violence,
water sanitation and hygiene
Country:
Canada Year: 2016
Court: Ontario Court of Appeal
Citation: 2016 ONCA 676
Facts: 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
Tags: Community-based care,
Compulsory commitment,
Compulsory examination,
Compulsory treatment,
Forced examination,
Forced treatment,
Health care and health services,
Incapacity,
Informed choice,
Informed consent,
Involuntary examination,
Mental competence,
Mental disability,
Mental disorder,
Mental health,
Mental institution,
Psychiatry,
Public safety,
Schizophrenia
Country:
South Africa Year: 2019
Court: HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL DIVISION, PIETERMARITZBURG
Citation: [2019] 4 All SA 469 (KZP)
Facts: 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
Tags: Clean water,
Cleanliness,
Indigent,
Potable water,
Safe drinking water,
Sewage,
Waste,
Waste management
Country:
Slovenia Year: 2018
Court: European Court of Human Rights
Citation: no. 38775/14, § 2, ECHR 2018
Human Rights: Right to property,
Right to social security Facts: 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
Tags: Disabilities,
Health systems and financing
Country:
Canada Year: 2020
Court: Court of Appeal of Alberta
Citation: 2020 ABCA 317
Health Topics:
Health information,
Informed consent,
Mental health Human Rights: Freedom of movement and residence,
Right of access to information,
Right to due process/fair trial,
Right to liberty and security of person Facts: The respondent JH, a member of a First Nation in British Columbia, was admitted to the Foothills Medical Centre, run by the respondent, Alberta Health Services, on September 5, 2014 for the treatment of sepsis in his knee. Following surgery and a 20-day hospital stay, JH sought discharge. Instead, JH was admitted as a formal …Read more
Tags: Disclosure,
Forced treatment,
Health records,
Incapacity,
Incompetence,
Involuntary commitment,
Involuntary confinement,
Involuntary treatment,
Mandatory commitment,
Mandatory treatment,
Medical records,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Non-consensual testing and treatment,
Non-disclosure,
Notification,
Patient choice,
Psychiatry,
Psychology,
Threat of violence
Country:
Canada Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 753
Health Topics:
Controlled substances,
Health care and health services,
Informed consent,
Medicines,
Mental health Human Rights: Freedom of movement and residence,
Right to liberty and security of person Facts: The appellant was a 62 year old female diagnosed with schizophrenia. She had a long-standing history of hospitalization, treatment, release, de-compensation, relapse, and re-admission. When psychotic, the appellant had a history of troubling behaviour, including attempts to divert traffic, throwing objects out of a window, crashing her car and smashing other cars with brooms. The …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Community-based care,
Compulsory treatment,
Harm reduction,
Informed choice,
Mandatory treatment,
Mental disability,
Mental disorder,
Mental illness,
Patient choice,
Pharmaceuticals,
Psychiatry,
Psychosis,
Psychotropic drugs,
Schizophrenia
Country:
Romania Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 81270/12
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Right to due process/fair trial,
Right to life Facts: The applicants’ minor son underwent surgery for the removal of a polyp in a public emergency hospital. The child was transferred to the ICU unit under a staff nurse who had assisted in the surgery. Due to a hemorrhage and a number of failed attempts to resuscitate, the child died. There were contrary reports of …Read more
Tags: Access to health care,
Access to treatment,
Child mortality,
Children,
Clinics,
Compensation,
Damages,
Diagnostics,
Duty of care,
Emergency care,
Examination,
Health data,
Health facilities,
Health records,
Inadequate treatment,
Inappropriate treatment,
Infant health,
Infant mortality,
Medical records,
Minor,
Negligence,
Non-consensual testing and treatment,
Non-pecuniary damage,
Patient choice,
Pediatric health,
Primary care,
Public hospitals,
Remedies,
Standard of care,
Testing,
Tort,
Unauthorized treatment
Country:
Turkey Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 50772/11
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Disabilities,
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Right to due process/fair trial,
Right to family life,
Right to life Facts: 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
Tags: Access to health care,
Access to treatment,
Children,
Compensation,
Damages,
Duty of care,
Emergency care,
Examination,
Health care professionals,
Health care workers,
Health facilities,
Heart disease,
Infant health,
Minor,
Negligence,
Neurological diseases,
Non-pecuniary damage,
Pediatric health,
Public hospitals,
Remedies,
Standard of care
Country:
Canada Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 712
Health Topics:
Health care and health services,
Informed consent,
Mental health,
Prisons,
Public safety,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to liberty and security of person Facts: Rodney Nelson sought judicial review of his involuntary admission to a psychiatric hospital under Ontario’s Mental Health Act (“MHA”) and an order for his immediate release due to rights infringements. Nelson had a lengthy history of crimes with many violent offences, including sexual offences against women and children. A psychiatrist completed an application for psychiatric …Read more
Tags: Assault,
Compulsory confinement,
Compulsory treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Diagnostics,
Examination,
Forced treatment,
Health regulation,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Involuntary confinement,
Involuntary treatment,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Mental retardation,
Psychiatry,
Psychosis,
Rape
Country:
United Kingdom Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 39793/17 Charles GARD and Others against the United Kingdom
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medicines Human Rights: Right to due process/fair trial,
Right to family life,
Right to liberty and security of person,
Right to life Facts: The second and the third applicants in this case were the parents of the first applicant (CG) who was born healthy in 2016 but encountered severe health problems thereafter, for which he remained hospitalized by the time the case was brought before the European Court of Human Rights (the ECHR). CG suffered from a rare …Read more
Country:
South Africa Year: 2016
Court: High Court of South Africa, Free State Division, Bloemfontein
Citation: Case No. 131/2013
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity Facts: The appellant suffered an incomplete miscarriage and was admitted into the Manapo Hospital on the same day. A uterine evacuation was conducted. She alleges that she was discharged despite constant pain and swelling in her abdomen. She was given antibiotics and was instructed to come back for a check-up if she does not feel better. …Read more
Tags: Access to treatment,
Clinics,
Duty of care,
Health facilities,
Negligence,
Patient choice,
Public hospitals,
Remedies,
Standard of care
Country:
South Africa Year: 2016
Court: The Constitutional Court of South Africa
Citation: [2016] ZACC 10
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Right to bodily integrity Facts: The applicant worked as a cleaner and dislocated his left thumb. He went to Kimberlery Hospital for medical treatment and he was sent home after a plaster of paris case was put on his left hand and forearm and was asked to come after 10 days. He returned to the hospital before the stipulated time …Read more
Tags: Clinics,
Compensation,
Damages,
Duty of care,
Health facilities,
Inadequate treatment,
Negligence,
Patient choice,
Public hospitals,
Remedies,
Standard of care
Country:
Bulgaria Year: 2016
Court: The European Court of Human Rights
Citation: Application No. 23796/10
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Right to due process/fair trial,
Right to family life,
Right to health Facts: The applicant suffered from cancer and underwent mastectomy of her left breast. After two years, she experienced pain in the left side of her chest. After undergoing two bone scintigraphies, a pathological uptake of radioactive tracer was found in her sixth rib. A computerized tomography showed metastasis in the eighth and the ninth rib contrary …Read more
Tags: Access to health care,
Access to treatment,
Cancer,
Diagnostics,
Examination,
Health care technology,
Testing
Country:
India Year: 2016
Court: The Supreme Court of India
Citation: (2016) 10 SCC 726
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to health Facts: The petitioner in the present case claimed that a sterilization camp managed by an NGO in Bihar was conducting sterilization without following any proper protocol. More than 50 women had undergone sterilization at the camp without being provided any kind of counseling and information about the procedure. The procedure of the sterilization was highly unsanitary; …Read more
Tags: Access to treatment,
Clinics,
Compulsory sterilization,
Counseling,
Family planning,
Forced sterilization,
Health facilities,
Informed choice,
Mandatory treatment,
Maternal health,
Negligence,
Patient choice,
Pregnancy,
Sterilization,
Unauthorized treatment
Country:
Russia Year: 2016
Court: The European Court of Human Rights
Citation: SABLINA and others against Russia
Health Topics:
Hospitals,
Informed consent Human Rights: Right to due process/fair trial,
Right to family life Facts: The applicants in this case were Russian nationals; the first applicant being the mother to her deceased daughter (Ms. A.S.) and the other two applicants were grandmothers to the deceased. In January, the deceased faced a severe car accident for which she underwent emergency surgery and resuscitation but continued to be in an unconscious state. …Read more
Country:
South Korea Year: 2015
Court: Committee on the Elimination of Racial Discrimination
Citation: Communication No. 51/2012; U.N. Doc. CERD/C/86/D/51/2012
Health Topics:
Controlled substances,
HIV/AIDS,
Informed consent Human Rights: Freedom from discrimination,
Right to work Facts: L.G, a New Zealand national, was employed as an English teacher in the Republic of Korea. She held an E-2 working visa for “native speaker conversation instructors.” Korea required all persons holding an E-2 working visa to undergo testing for HIV/AIDS and illegal drugs at a government hospital before they could register as alien residents …Read more
Tags: Compulsory testing,
Drug use,
HIV status,
Involuntary testing,
Mandatory testing,
Non-consensual testing and treatment,
People who use drugs
Country:
United Kingdom Year: 2015
Court: High Court of Justice, Queen’s Bench Division, Administrative Court
Citation: Case No. CO/3077/2014; [2015] EWHC 1706 (Admin)
Health Topics:
Chronic and noncommunicable diseases,
Informed consent,
Sexual and reproductive health Human Rights: Right to family life Facts: The issue of the case was whether AM, deceased daughter of IM and MM, gave sufficient informed consent to export her gametes to the U.S. to be fertilized there using a donor selected by her parents and used in the treatment of in vitro fertilization of her mother, IM. Even if it found that AM …Read more
Tags: Assisted reproductive technology,
Cancer,
Fertility,
In utero fertilization,
In vitro fertilization,
Informed choice,
Patient choice
Country:
United Kingdom Year: 2015
Court: Court of Protection
Citation: [2015] EWCOP 80
Health Topics:
Hospitals,
Informed consent,
Mental health Human Rights: Right to bodily integrity Facts: The Kings College Hospital challenged respondent C’s ability to decide to end life-saving treatment, effectively choosing to die, by alleging that she lacked mental capacity. C had attempted to commit suicide by ingesting 60 paracetamol tablets with champagne. She made this decision shortly after undergoing treatment for breast cancer and ending of a long term …Read more
Tags: Compulsory treatment,
Degrading treatment,
Forced treatment,
Health care professionals,
Incapacity,
Informed choice,
Involuntary treatment,
Mandatory treatment,
Mental competence,
Mental disorder,
Mental illness,
Non-consensual testing and treatment,
Patient choice,
Psychiatry,
Psychology,
Public hospitals,
Suicide,
Unauthorized treatment
Country:
Canada Year: 2015
Court: Supreme Court
Citation: 2015 SCC 5
Health Topics:
Chronic and noncommunicable diseases,
Controlled substances,
Disabilities,
Informed consent,
Mental health Human Rights: Right to bodily integrity,
Right to liberty and security of person,
Right to life Facts: 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
Tags: Cancer,
Counseling,
Disabled,
Informed choice,
Leukemia,
Neurological diseases,
Noncommunicable diseases,
Palliative care,
Patient choice,
Suicide
Country:
France Year: 2015
Court: European Court of Human Rights
Citation: Application No. 46043/14
Health Topics:
Health systems and financing,
Informed consent Human Rights: Right to bodily integrity,
Right to family life,
Right to life Facts: The applicants appealed a decision to terminate artificial nutrition and hydration for their son, who was in a chronic vegetative state. In 2013, Mr. Lambert’s doctor and wife initiated proceedings to terminate care under the Act of 22 April 2005 (“Act”), which amended provisions of the Public Health Code (“Code”). However, the applicants received an …Read more
Tags: Compulsory treatment,
Forced treatment,
Health care professionals,
Health care workers,
Health regulation,
Informed choice,
Involuntary treatment,
Non-consensual testing and treatment,
Patient choice,
Unauthorized treatment
Country:
United Kingdom Year: 2015
Court: The High Court of Justice in Northern Ireland, Queen’s Bench Division
Citation: [2015] NIQB 96; 2014 No. 125661/01
Health Topics:
Child and adolescent health,
Disabilities,
Health care and health services,
Health systems and financing,
Informed consent,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to life,
Right to privacy Facts: 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
Tags: Abortion,
Abortion counseling,
Abortion technique,
Access to health care,
Disabled,
Family planning,
Health regulation,
Infant health,
Infant mortality,
Informed choice,
Late-term abortion,
Maternal health,
Maternal mortality,
Patient choice,
Pregnancy,
Rape,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Termination of pregnancy,
Therapeutic abortion,
Unsafe abortion,
Violence against women
Country:
United States Year: 2015
Court: District Court for the Northern District of Alabama
Citation: No. 2:13-CV-00733-KOB, 2015 WL 4773747 (N.D. Ala. Aug. 13, 2015)
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Informed consent,
Medical malpractice Facts: The infant Plaintiffs in this case were part of the Surfactant, Positive Pressure, and Oxygenation Randomized Trial (SUPPORT), a clinical research trial aimed at measuring the effects of oxygen saturation levels in premature infants with low birth weights, at the University of Alabama-Birmingham Hospital. For the trial, participants were randomly assigned into groups, and the …Read more
Tags: Child mortality,
Children,
Clinical trials,
Inadequate treatment,
Infant health,
Infant mortality,
Informed choice,
Negligence,
Neurological diseases,
Non-consensual testing and treatment,
Standard of care,
Unauthorized treatment
Country:
Romania Year: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Infectious diseases,
Informed consent,
Medical malpractice,
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to life Facts: The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea. Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more
Tags: Abuse,
Access to health care,
Access to treatment,
Compulsory examination,
Compulsory testing,
Compulsory treatment,
Counseling,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Diagnostics,
Duty of care,
Emergency care,
Epilepsy,
Examination,
Forced examination,
Forced treatment,
Imprisonment,
Inadequate treatment,
Inappropriate treatment,
Incapacity,
Incarceration,
Informed choice,
Inmate,
Involuntary examination,
Involuntary treatment,
Jail,
Lung disease,
Mandatory examination,
Mandatory treatment,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Negligence,
Neurological diseases,
Noncommunicable diseases,
Patient choice,
Pneumonia,
Prison conditions,
Psychosis,
Pulmonary diseases,
Respiratory diseases,
Standard of care,
Suicide,
Trauma
Country:
South Africa Year: 2015
Court: High Court, North Gauteng
Citation: [2015] ZAGPHC, 27401/15
Health Topics:
Chronic and noncommunicable diseases,
Controlled substances,
Informed consent,
Mental health Human Rights: Right to bodily integrity,
Right to liberty and security of person,
Right to life Facts: This case concerned physician-assisted suicide in South Africa. The applicant, a 66-year-old highly educated, experienced lawyer with four children and a mother, had terminal stage 4 cancer with only a few weeks left to live and brought suit against various government ministries. He sought a declaratory order that a medical practitioner may end, or enable …Read more
Tags: Cancer,
Informed choice,
Noncommunicable diseases,
Palliative care,
Patient choice,
Suicide
Country:
Canada Year: 2015
Court: Court of Appeal, British Columbia
Citation: 2015 BCCA 91
Health Topics:
Aging,
Chronic and noncommunicable diseases,
Diet and nutrition,
Health care and health services,
Hospitals,
Informed consent,
Mental health Human Rights: Right to bodily integrity,
Right to health Facts: Mrs. Bentley was an 83-year-old woman suffering from Alzheimer’s Disease. Mrs. Bentley had not spoken since 2010 and did not recognize anyone. In 1991 she had signed a directive that expressed her desire to be allowed to die and not be kept alive by artificial means or heroic measures in case there was no reasonable …Read more
Tags: Aged person,
Diet,
Elderly,
Food,
Health facilities,
Incompetence,
Long-term care,
Mental competence,
Neurological diseases,
Patient choice,
Unauthorized treatment
Country:
South Africa Year: 2015
Court: The High Court of South Africa, Gauteng Divison, Pretoria
Citation: Case no. 43421A/2013
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to health,
Right to life Facts: The plaintiff in this case alleged negligence in her legal capacity of a guardian of her child (B) who suffers from cerebral palsy. She alleged that it was the hospital’s negligence during labour and childbirth, which cause a permanent brain damage in her daughter. In her plaint, she stated that the hospital did not keep …Read more
Tags: Access to treatment,
Caesarian,
Clinics,
Duty of care,
Health facilities,
Negligence,
Neurological diseases,
Patient choice,
Remedies,
Standard of care
Country:
Latvia Year: 2015
Court: The European Court of Human Rights
Citation: ECHR 005 (2015)
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 due process/fair trial,
Right to family life,
Right to privacy Facts: The applicant’s husband died in a car accident. She saw her husband’s body when he was transported from the Forensic department. His legs were tied and he was buried like that. After two years, criminal inquiry into illegal removal of organs and tissues were ensued by the Police. The applicant was told that her husband …Read more
Tags: Awareness,
Clinics,
Disclosure,
Emergency care,
Examination,
Health care technology,
Health facilities,
Health records,
Medical records,
Non-disclosure,
Patient choice,
Private hospitals,
Public hospitals,
Standard of care,
Unauthorized treatment
Country:
Argentina Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: D 376 XLIX. REX
Health Topics:
Chronic and noncommunicable diseases,
Disabilities,
Health care and health services,
Health systems and financing,
Hospitals,
Informed consent Human Rights: Right to bodily integrity,
Right to health,
Right to life,
Right to privacy Facts: 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
Tags: Health regulation,
Informed choice,
Patient choice,
Persistent Vegetative State,
Public hospitals,
Right to Privacy
Country:
Latvia Year: 2014
Court: European Court of Human Rights
Citation: Application no. 33011/08
Health Topics:
Health care and health services,
Health information,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right of access to information,
Right to due process/fair trial,
Right to family life,
Right to privacy Facts: After giving birth to a child with Down syndrome, the Petitioner (a forty years old woman) alleged that she was denied adequate and timely medical care in the form of antenatal screening tests. She claimed that her doctor failed to refer her for proper prenatal testing in accordance with the medical protocols in place. According to …Read more
Tags: Childbirth,
Maternal health,
Medical records,
Pregnancy,
Testing
Country:
Latvia Year: 2014
Court: European Court of Human Rights
Citation: Application No. 52019/07
Health Topics:
Health information,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to privacy Facts: The applicant gave birth by Caesarean section in the Cesis District Central Hospital (Cesis Hospital) in 1997. The surgeon conducting the Caesarean section performed a tubal ligation (surgical contraception) without the applicant’s consent. The applicant commenced civil proceedings against the hospital to recover damages for the unauthorized procedure. Ultimately, in December 2006, the applicant’s claim …Read more
Tags: Caesarian,
Childbirth,
Compulsory sterilization,
Confidentiality,
Disclosure,
Forced sterilization,
Health records,
Inappropriate treatment,
Informed choice,
Involuntary sterilization,
Involuntary treatment,
Mandatory sterilization,
Medical records,
Non-consensual testing and treatment,
Non-disclosure,
Notification,
Patient choice,
Public hospitals,
Sterilization,
Unauthorized treatment
Country:
Russia Year: 2014
Court: European Court of Human Rights
Citation: Application No. 37873/04, § 1, ECHR 2014
Health Topics:
Health information,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to privacy Facts: Ms. Konovalova, a Russian citizen, experienced contractions due to her pregnancy and was taken to S. M. Kirov Military Medical Academy Hospital. After she was admitted to the gynecology ward, she was given a booklet issued by the hospital that contained a notice stating, “We ask you to respect the fact that medical treatment in …Read more
Tags: Childbirth,
Confidentiality,
Cruel treatment,
Degrading treatment,
Disclosure,
Health care professionals,
Health facilities,
Health records,
Humiliating treatment,
Inappropriate treatment,
Informed choice,
Maternal health,
Medical records,
Non-pecuniary damage,
Notification,
Patient choice,
Pregnancy,
Public hospitals
Country:
Romania Year: 2014
Court: European Court of Human Rights
Citation: Application No. 50131/08
Health Topics:
Hospitals,
Informed consent,
Mental health Human Rights: Right to liberty and security of person,
Right to privacy Facts: Atudorei, a Romanian citizen, alleged that, from an early age, she has been subjected to continued physical and psychological abuse by her parents. The abuse had escalated after they discovered that she attended yoga classes organised by the Movement for Spiritual Integration into the Absolute (MISA), an organisation that was targeted by the police and …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Compulsory examination,
Compulsory treatment,
Forced examination,
Forced treatment,
Health care professionals,
Health care workers,
Involuntary commitment,
Involuntary confinement,
Involuntary examination,
Involuntary treatment,
Mandatory commitment,
Mandatory confinement,
Non-consensual testing and treatment,
Unauthorized treatment
Country:
New Zealand Year: 2014
Court: High Court
Citation: [2014] NZHC 1433
Health Topics:
Informed consent,
Prisons Human Rights: Right to bodily integrity,
Right to life Facts: In this case, the Chief Executive of the Department of Corrections (“Department”) and the Canterbury District Health Board (“DHB”) sought a declaration of their rights and duties when providing medical treatment to prisoners. Specifically, they wished to receive a declaration that they have a right to provide medical treatment by way of artificial hydration and …Read more
Tags: Compulsory treatment,
Forced treatment,
Informed choice,
Involuntary treatment,
Mandatory treatment,
Non-consensual testing and treatment,
Patient choice,
Unauthorized treatment