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415 judgments found.


Case 2001-098f

Country: Belgium
Year: 2001
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2001-098f, 13 July 2001
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Tags: Health expenditures, Health funding, Health regulation, Health spending, Pharmaceuticals, Pricing
Download Judgment: French Flemish

Case 2001-133f

Country: Belgium
Year: 2001
Court: Cour d'arbitrage [Constitutional Court of Belgium]
Citation: C. C., n°2001-133f, 30 October 2001
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to due process/fair trial
Facts:

The National Institute for Health and Disability Insurance’s Medical Control Service asked the Court of Arbitration a preliminary question on articles 141, 146 and 156 of the Law relating to mandatory healthcare and benefits insurance (“Law”), concerning their potential violation of articles 10 and 11 of the Belgian Constitution, and correspondingly, of article 6 of …Read more

Tags: Health funding, Health insurance, Health regulation, Out-of-pocket expenditures, Reimbursement, Subsidies
Download Judgment: English French Flemish

Case 2001-159f

Country: Belgium
Year: 2001
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2001-159f, 19 December 2001
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to due process/fair trial
Tags: Health expenditures, Health funding, Health regulation, Health spending, Pharmaceuticals, Pricing
Download Judgment: French Flemish

Maria da Penha Maia Fernandes v. Brazil

Country: Brazil
Year: 2001
Court: Inter-American Commission on Human Rights
Citation: Maria da Penha Maia Fernandes v. Brazil, Case 12.051, Inter-Am. Comm’n H.R., Report No. 54/01, OEA/Ser./L/V/II.111 doc. 20 rev. (2001).
Health Topics: Mental health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

Maria da Penha Maia Fernandes was physically abused by her husband, Mr. Heredia Viveiros, for many years. In May 1983, he shot her while she was sleeping in an attempt to murder her. She survived but sustained serious injuries and became paraplegic. Two weeks after the shooting, he attacked her again and at that moment …Read more

Tags: Assault, Domestic abuse, Domestic violence, Violence against women
Download Judgment: English

The Social and Economic Rights Action Center, et al. v. Nigeria

Country: Nigeria
Year: 2001
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 155/96 (2001).
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Environmental health, Infectious diseases, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to a clean environment, Right to food, Right to health, Right to housing, Right to life, Right to property
Facts:

The applicant alleged that the military government of Nigeria (Government), in its efforts to produce oil through the State-owned Nigerian National Petroleum Company (NNPC), contaminated the environment of the Ogoni People and led to environmental degradation and health problems among that community. More specifically, the applicant claimed that the NNPC, acting within a consortium with …Read more

Tags: Air pollution, Cancer, Clean water, Contamination, Drinking water, Environmental degradation, Environmental hazards, Food, Food shortages, Forced displacement, Industrial waste, Lung disease, Military, Pollution, Potable water, Pulmonary diseases, Refugees, Respiratory diseases, Safe drinking water, Skin disease, Toxic waste, Water pollution
Download Judgment: English

Case 2001-131n

Country: Belgium
Year: 2001
Court: Constitutional Court
Citation: C. C., n°2001-131n, 30 October 2001
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to life, Right to social security
Facts:

Illegal migrants who had applied for regularization were de facto condoned on the territory pending their application, but were not entitled to full social services; they were only entitled to urgent medical care. In contrast, asylum seekers who were appealing a rejection and foreigners residing legally in the country were entitled to full social services. …Read more

Tags: Access to health care, Health regulation, Migrants, Refugees, Social security
Download Judgment: French

Lalonde v. Ontario (Commission de Restructuration des Services de Santé)

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
Download Judgment: English

Tanli v. Turkey

Country: Turkey
Year: 2001
Court: The European Court of Human Rights
Citation: Case of Tanli v. Turkey (Application no. 26129/95) 2001
Health Topics: Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

The applicant in this case was a Turkish national who lodged his complaint before the European Court of Human Rights (the ECHR) alleging that his son had been tortured to death in detention in Turkey. He relied on Articles 2, 3, 5, 13, 14 and 18 of the European Convention on Human Rights (the Convention). …Read more

Download Judgment: English

A. v. Union of India

Country: India
Year: 2000
Court: High Court - Bombay
Citation: Writ Petition No. 1623 of 2000
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
Facts:

A, the Petitioner, was a Master Chief Engine Room Artificer-II Class in the Indian Navy. In 1997, he was found to be living with HIV. He was put in low medical category but allowed to remain in service and complete 15 years of service, which made him eligible for pension and other benefits. In 1999, …Read more

Tags: Employment, HIV positive, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Strykiwsky v. Mills (in his capacity as Warden of Stony Mountain Institution)

Country: Canada
Year: 2000
Court: Federal Court - Trial Division
Citation: Court File no. T-389-00
Health Topics: Controlled substances, Health care and health services, Medicines, Prisons
Human Rights: Freedom from discrimination
Facts:

The applicant was an inmate of Warkworth prison and a long time heroin addict. While an inmate, the applicant sought to overcome this addiction. The Correctional Service of Canada had a 2-phase program to address addiction cases.  Phase I provided regular doses of methadone “only to those entering federal prison… already enrolled in a community …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Addiction, Drug abuse, Drug use, Emergency care, Heroin, Imprisonment, Incarceration, Inmate, Jail, Methadone, Opioids, People who use drugs, Rehabilitation, Substance abuse
Download Judgment: English French

Kemai & 9 Others v. Attorney General of Kenya & 3 Others

Country: Kenya
Year: 2000
Court: High Court at Nairobi
Citation: Civil Case 238 of 1999; (2005) AHRLR 118 (KeHC 2000)
Health Topics: Diet and nutrition, Environmental health
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to a clean environment, Right to life, Right to property, Right to work
Facts:

This case was brought to the Court by members of the Ogiek community who sought a declaration that their forcible eviction from the Tinet Forest by the Kenyan government was unconstitutional. The applicants claimed that the eviction was in contravention of their rights to protection of the law, their right to life, their right to …Read more

Tags: Environmental degradation, Food, Forced displacement, Indigenous groups, Pollution, Water pollution
Download Judgment: English

Malawi African Association, et al. v. Mauritania

Country: Mauritania
Year: 2000
Court: African Commission on Human and Peoples' Rights
Citation: (2000) AHRLR 149 (ACHPR 2000); Communications 54/91, 61/91, 98/93, 164-196/97 and 210/98
Health Topics: Diet and nutrition, Disasters and emergencies, Health care and health services, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to due process/fair trial, Right to family life, Right to favorable working conditions, Right to food, Right to health, Right to liberty and security of person, Right to life, Right to property, Right to work, Rights to the benefits of culture
Facts:

Six communications jointly alleged that the Mauritanian state committed numerous human rights violations from 1986 to 1992. Specifically, the communications alleged that the State violated articles 2, 4, 5, 6, 7, 9, 10, 11, 12, 14, 16, 18, 19, and 26 of the African Charter on Human and Peoples’ Rights (“the Charter”), which came into …Read more

Tags: Abuse, Access to health care, Armed conflict, Cleanliness, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Forced displacement, Humanitarian crisis, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Malnutrition, Military, Prison conditions, Rape, Refugees, Solitary confinement, Starvation, Torture
Download Judgment: English

Case 310-2000-R

Country: Bolivia
Year: 2000
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to work
Facts:

Gloria Máxima Ortiz Rivera, an employee at the Municipality of Sucre, received memorandum No. 95/00 on February 22, 2000, which she claimed put her in the fifth bracket of the payroll and constituted a demotion and an indirect dismissal. Rivera asserted that upon reaching her 32nd week of pregnancy she was prevented from accepting the …Read more

Tags: Employment, Maternal health, Pregnancy
Download Judgment: English Spanish

Case 2000-011f

Country: Belgium
Year: 2000
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2000-011f, 2 February 2000
Health Topics: Health care and health services, Health systems and financing, Medical malpractice
Human Rights: Freedom from discrimination
Tags: Counseling, Diagnostics, Examination, Health regulation, Standard of care
Download Judgment: French

Case 2000-103f

Country: Belgium
Year: 2000
Court: C. C., n°2000-0103f, 11 October 2000
Citation: C. C., n°2000-0103f, 11 October 2000
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Tags: Essential medicines, Health expenditures, Health funding, Health regulation, Health spending, Pharmaceuticals, Pricing
Download Judgment: French Flemish

Haindongo Nghidipohamba Nanditume v. Minister of Defense

Country: Namibia
Year: 2000
Court: Labour Court
Citation: Haindongo Nghidipohamba Nanditume v. Minister of Def., Case. No. LC 24/98 (Namib.).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to health
Facts:

The HIV/AIDS epidemic in Namibia prompted the Government of Namibia to issue Guidelines for the Implementation of a National Code on HIV/AIDS in Employment (Guidelines), which extended nondiscrimination provisions to enlistment procedures of the Namibian Defence Force (NDF). In part, the Guidelines aimed to counteract prejudices and ignorance surrounding the nature and cause of HIV/AIDS, …Read more

Tags: Access to health care, Access to treatment, AIDS, Examination, HIV, HIV positive, HIV status, Military, Most-at-risk, People living with HIV/AIDS, PLHIV
Download Judgment: English

Kazeem Aminu v. Nigeria

Country: Nigeria
Year: 2000
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 205/97 (2000).
Health Topics: Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

The complainant alleged that Nigerian security agents arbitrarily arrested his client, Mr. Ayodele Ameen, as a result of Mr. Ameen’s political activism in support of validating the country’s 12 June 1994 elections, which the Nigerian military government had previously annulled. While in prison, the complainant claimed that Nigerian security officials tortured Mr. Ameen, subjected him …Read more

Tags: Access to medicines, Detention, Inhuman treatment, Torture
Download Judgment: English

Elsholz v. Germany

Country: Germany
Year: 2000
Court: European Court of Human Rights
Citation: App. No. 25735/94, Eur. Ct. H.R. 371 (2000).
Health Topics: Child and adolescent health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to privacy
Facts:

The applicant, a German national was the acknowledged and supporting father of the child, C., born out of wedlock. Five years later the mother refused visits by applicant to his son and mediation attempts failed. The applicant unsuccessfully filed an application to the Mettmann District Court (Amtsgericht) for an order granting him a right of …Read more

Tags: Child development, Children, Minor
Download Judgment: English German

Hoffman v. South African Airways

Country: South Africa
Year: 2000
Court: Constitutional Court
Citation: (2) SA 628; 2001 (10) BHRC 571; (2000) 3 CHRLD 146
Health Topics: Health care and health services, HIV/AIDS
Human Rights: Freedom from discrimination
Facts:

In 1996, the Appellant applied for employment as a cabin attendant with South African Airways (SAA). At the end of the selection process, he was found to be a suitable candidate for employment. He was then subject to a medical examination, which found him clinically fit and thus suitable for employment. However, a blood test …Read more

Tags: AIDS, Examination, Health care professionals, Health care workers, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV, Testing, Transmission
Download Judgment: English

Makuto v. State

Country: Botswana
Year: 2000
Court: Court of Appeals
Citation: [2000] 5 LRC 183; (2000) 3 CHRLD 151
Health Topics: HIV/AIDS
Human Rights: Freedom from discrimination, Right to liberty and security of person
Facts:

M was convicted of rape. Under s 142(2) of the Penal Code (as amended by the Penal Code (Amendment) Act 1998 (No 5 of 1998)) he was required to undergo an HIV test before being sentenced. M tested positive. Under s 142(4)(a) a person convicted of rape who proves to have HIV is subject to …Read more

Tags: AIDS, Criminalization, HIV, HIV positive, HIV status, Transmission
Download Judgment: English

Salguiero Da Silva Mouta v. Portugal

Country: Portugal
Year: 2000
Court: European Court of Human Rights
Citation: Application no. 33290/96
Health Topics: Child and adolescent health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to family life
Facts:

S was a homosexual Portuguese national. In 1983 he married a woman, C, with whom he had a daughter. S and C subsequently separated and then divorced. Since their separation, S had been living with another man. In connection with their divorce, S and C signed an agreement giving C parental responsibility over the daughter …Read more

Tags: Child development, Gay, Homosexual, LGBTI, Queer, Sexual abuse, Sexual orientation
Download Judgment: English

City of Montreal, et al. v. Commission des droits de la personne et des droits de la jeunesse

Country: Canada
Year: 2000
Court: Supreme Court
Citation: [2000] 1 R.C.S. 665
Health Topics: Disabilities
Human Rights: Freedom from discrimination, Right to work
Facts:

In the first case the complainant, M, was refused employment as a gardener-horticulturist, even though she had successfully completed her training, after a pre-employment medical examination revealed a weakness in her spinal column. M had never suffered any lower back pain and had no disability performing normal activities. In the second case the complainant, T, …Read more

Tags: Disabled, Employment, Handicapped
Download Judgment: English French

Living World Distributors Ltd. v. Human Rights Action Group Inc. (Wellington)

Country: New Zealand
Year: 2000
Court: Court of Appeal
Citation: [2001] 2 LRC 233
Health Topics: HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression
Facts:

Living World Distributors (“LWD”) attempted to import two videos from the USA into New Zealand. The videos, which discussed aspects of homosexuality, opposed the granting of special rights to homosexuals and stated that homosexuality is one of the causes of the spread of HIV/AIDS. The videos were deemed suitable for audiences over 16 years old …Read more

Tags: AIDS, Bisexual, Gay, Gender identity, HIV, Homosexual, Lesbian, LGBTI, Queer, Sexual orientation, Transgender
Download Judgment: English

Olmstead v. L.C.

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
Download Judgment: English

X v. Commonwealth

Country: Australia
Year: 1999
Court: High Court
Citation: [1999] HCA 63; 200 CLR 177; 167 ALR 529; 74 ALJR 176
Health Topics: Disabilities, HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
Facts:

X was discharged from the Australian Defence Force (ADF) after he tested positive for HIV, in accordance with an ADF policy that sought to avoid transmission of HIV between soldiers. He subsequently filed a complaint with the Human Rights and Equal Opportunity Commission (the Commission), claiming his discharge constituted unlawful discrimination under the Disability Discrimination …Read more

Tags: AIDS, Disabled, Employment, Hepatitis, HIV, HIV positive, HIV status, Military, Occupational hazards, Occupational health and safety, People living with HIV/AIDS, PLHIV, Safe working conditions, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English

Lustig-Prean and Beckett v. United Kingdom

Country: United Kingdom
Year: 1999
Court: European Court of Human Rights
Citation: Applications No. 31417/96 and 32377/96; (2000) 29 EHRR 548; [1999] ECHR 71; 7 BHRC 65
Health Topics: Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

Mr. Lustig-Prean and Mr. Beckett were discharged from the Royal Navy on the basis of their sexual orientation. In June 1994, Mr. Lustig-Prean was approached by military service police and, wanting to avoid further and less discrete investigations, Mr. Lustig-Prean admitted that he was homosexual. In May 1993, Mr. Beckett admitted to his superiors that …Read more

Tags: Bullying, Confidentiality, Disclosure, Employment, Gay, HIV, HIV status, Homosexual, Humiliating treatment, LGBTI, Military, Most-at-risk, Queer, Secrecy, Sexual orientation
Download Judgment: English French

Smith and Grady v. United Kingdom

Country: United Kingdom
Year: 1999
Court: European Court of Human Rights
Citation: Applications No. 33985/96 and 33986/96; (1999) 29 EHRR 493; [1999] ECHR 72; [1999] IRLR 734; (1999) 11 Admin LR 879
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to privacy, Right to work
Facts:

The Applicants were both exemplary members of the Royal Air Force and had been discharged solely due to being homosexual. The first appellant was an enrolled nurse.  An anonymous female caller left a message on the applicant’s answering machine stating that she knew about the applicant’s homosexuality and afterwards informed the air force authorities. In a …Read more

Tags: Employment, Gay, Homosexual, Lesbian, LGBTI, Military, Sexual orientation
Download Judgment: English French

R v. Secretary of State for the Home Department, ex parte Glen Fielding

Country: United Kingdom
Year: 1999
Court: High Court of Justice, Queen's Bench Division
Citation: [1999] EWHC Admin 641
Health Topics: HIV/AIDS, Infectious diseases, Medicines, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

In 1996, Glen Fielding was sentenced to four years imprisonment. Whilst incarcerated, Fielding, a man who had sex with men, requested condoms but was refused on the basis that it was against Prison Service policy to provide condoms to a prisoner who was not HIV-positive; there was no evidence that Fielding was HIV positive. The …Read more

Tags: AIDS, Bisexual, Contraception, Contraceptives, Custody, Gay, HIV, Homosexual, Imprisonment, Incarceration, Inmate, Jail, People living with HIV/AIDS, PLHIV, Queer, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs
Download Judgment: English

R v. North West Lancashire Health Authority, ex parte A, D, & G

Country: United Kingdom
Year: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 2022; [2000] 1 WLR 977
Health Topics: Health care and health services, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

North West Lancashire Health Authority (the Authority), the Appellant, appealed against an order quashing the Authority’s decision to refuse gender reassignment treatment to A, D and G, the Respondents. A, D and G all suffered from “gender identity dysphoria,” or transsexualism. Each had male physical characteristics but female sexual identity. A and G had been …Read more

Tags: Access to health care, Access to treatment, Budget, Gender identity, Health care technology, Health expenditures, Health facilities, Health funding, Health spending, LGBTI, Mental illness, Out-of-pocket expenditures, Psychiatry, Psychology, Public hospitals, Queer, Sex reassignment, Subsidies, Tertiary care, Transgender, Transsexual
Download Judgment: English