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415 judgments found.
Country:
United States Year: 1991
Court: United States District Court, D. Massachusetts
Citation: Glanz v. Vernick 756 F. Supp. 632 (D. Mass. 1991)
Health Topics:
Health care and health services,
HIV/AIDS,
Hospitals Human Rights: Freedom from discrimination,
Right to health Facts: In 1989, plaintiff’s decedent, Raymond Vadnais brought this suit against defendants, Dr. Vernick and Beth Israel, alleging discrimination in violation of Section 504 of the Rehabilitation Act of 1973. Mr. Vadnais claimed that Dr. Vernick, an employee of the Beth Israel’s Ear Nose and Throat Clinic, refused to perform elective ear surgery on him because …Read more
Tags: Access to health care,
Access to treatment,
Clinics,
HIV positive,
HIV status,
Public hospitals
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Country:
United States Year: 1990
Court: 5th Circuit Court of Appeal
Citation: 909 F.2d 820 (1990)
Health Topics:
Health information,
HIV/AIDS,
Infectious diseases Human Rights: Freedom from discrimination,
Right to favorable working conditions,
Right to privacy Facts: Appellant Leckelt, a licensed practical nurse, was discharged by his hospital employer when he refused to provide the hospital with his HIV antibody test results. In his capacity as a nurse, Leckelt performed a number of functions, including administering medication orally and by injection, and working in the intensive care unit and the emergency room. …Read more
Tags: AIDS,
Confidentiality,
Disclosure,
Employment,
Health information,
HIV,
HIV positive,
HIV status,
People living with HIV/AIDS,
PLHIV,
Secrecy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
Canada Year: 1989
Court: Supreme Court
Citation: [1989] 1 S.C.R. 342
Health Topics:
Health care and health services,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to liberty and security of person,
Right to life Facts: The appellant, Mr Borowski, challenged the validity of s 251(4), (5) and (6) of the Canadian Criminal Code on the basis that the provisions contravened the rights of the fetus. He argued these provisions allowed for abortions to occur in circumstances that were too liberal, and, as such, they infringed a fetus’s rights to life, …Read more
Tags: Abortion,
Access to health care,
Access to treatment,
Pregnancy,
Termination of pregnancy,
Therapeutic abortion
Country:
Canada Year: 1989
Court: Supreme Court
Citation: [1989] 1 S.C.R. 1219
Health Topics:
Health systems and financing,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to favorable working conditions,
Right to social security Facts: Canada Safeway Ltd. maintained a group insurance plan that included weekly benefits for loss of pay due to accident or illness. The plan excluded pregnant women from coverage during a seventeen week period before, during, and after pregnancy. During that period, the plan excluded pregnant women suffering from both pregnancy and non-pregnancy-related afflictions. For part …Read more
Tags: Childbirth,
Employment,
Health insurance,
Maternal health,
Pregnancy,
Social security
Country:
Canada Year: 1988
Court: Supreme Court
Citation: [1988] 1 S.C.R. 30
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to liberty and security of person,
Right to life Facts: Section 251(4) of the Criminal Code of Canada (the Code) permitted abortions to be performed only at accredited hospitals and then with approval from the performing hospital’s therapeutic abortion committee. Drs. Morgentaler, Smoling, and Scott had together established an abortion clinic in Toronto to perform abortions not approved by a therapeutic abortion committee. Following public …Read more
Tags: Abortion,
Abortion counseling,
Access to treatment,
Clinics,
Criminalization,
Health insurance,
Health regulation,
Maternal health,
Pregnancy,
Private hospitals,
Public hospitals,
Reimbursement,
Subsidies,
Termination of pregnancy,
Therapeutic abortion
Country:
United States Year: 1987
Court: Supreme Court
Citation: 480 U.S. 273 (1987)
Health Topics:
Disabilities,
Infectious diseases Human Rights: Freedom from discrimination Facts: The Respondent, Arline, an elementary school teacher, brought suit against a local public school board alleging the school had violated § 504 of the federal Rehabilitation Act of 1973 (the Act) when they dismissed Arline after she suffered a third relapse of tuberculosis in two years. The following statutory provisions were relevant to Arline’s complaint: …Read more
Tags: Employment,
Handicapped,
TB,
Tuberculosis
Country:
Canada Year: 1986
Court: Supreme Court
Citation: [1986] 2 S.C.R. 388
Health Topics:
Informed consent,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity Facts: Eve was a mentally disabled young woman suffering from a condition that made it extremely difficult for her to communicate with others. She was not capable of understanding the consequential relationship between intercourse, pregnancy and birth. Mrs. E, her mother, was concerned that Eve might innocently become pregnant, which would mean that she, an elderly …Read more
Tags: Compulsory sterilization,
Compulsory treatment,
Contraception,
Contraceptives,
Family planning,
Forced sterilization,
Forced treatment,
Incapacity,
Incompetence,
Informed choice,
Involuntary sterilization,
Mandatory sterilization,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Mental retardation,
Non-consensual testing and treatment,
Patient choice,
Pregnancy,
Sterilization
Country:
United States Year: 1986
Court: Supreme Court
Citation: 478 U.S. 186
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to privacy Facts: This case has been overruled by Lawrence v. Texas. The respondent, Hardwick, alleged that a Georgia state law prohibiting sodomy was unconstitutional. In 1982, the respondent was charged with violating a Georgia statute that prohibited sodomy after committing that act with another individual in the bedroom of the respondent’s home. The District Attorney later dropped …Read more
Tags: Buggery,
Criminalization,
Cruel and unusual punishment,
Gay,
Homosexual,
Lesbian,
LGBTI,
Queer,
Sexual orientation,
Sodomy
Country:
United States Year: 1985
Court: Supreme Court
Citation: 469 U.S. 287 (1985)
Health Topics:
Disabilities,
Health care and health services,
Health systems and financing,
Mental health,
Poverty Human Rights: Freedom from discrimination,
Right to social security Facts: In response to increasing projected state Medicaid costs, the directors of the Tennessee Medicaid program decided to implement a number of cost saving measures. Among these measures was a proposed reduction in the number of annual days of inpatient hospital care covered by the program from 20 to 14 days per fiscal year. Respondents, Tennessee …Read more
Tags: Access to treatment,
Budget,
Disabled,
Handicapped,
Health expenditures,
Health funding,
Health spending,
Indigent,
Low income,
Physically challenged,
Poor,
Secondary care,
Subsidies,
Tertiary care
Country:
United States Year: 1985
Court: Supreme Court
Citation: 473 U.S. 432 (1985)
Health Topics:
Disabilities,
Hospitals,
Mental health Human Rights: Freedom from discrimination,
Right to due process/fair trial,
Right to liberty and security of person Facts: The Respondents, Cleburne Living Center (CLC) and others, brought suit against the City of Cleburne (the City) and a number of its officials, alleging that a zoning ordinance, and its application, violated the equal protection rights of CLC and its potential residents. CLC intended to lease a building for the operation of a group home …Read more
Tags: Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Mental retardation,
Private hospitals
Country:
Brazil Year: 1985
Court: Inter-American Commission on Human Rights
Citation: Case No. 7615, Inter-Am. Comm'n H.R., Report No. 12/85, OEA/Ser.L/V/II.66, doc. 10 rev. 1 (1984-1985).
Health Topics:
Environmental health,
Health care and health services,
Health systems and financing,
Infectious diseases,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Freedom of movement and residence,
Freedom of religion,
Right to due process/fair trial,
Right to education,
Right to health,
Right to liberty and security of person,
Right to life,
Right to property Facts: In the 1960s, the Government of Brazil approved plans to permit the development of the Amazon region, as well as the exploitation of its natural resources, despite Constitutional provisions and national legislation guaranteeing indigenous communities in the region full possession of the lands they occupied and the resources found therein. The root of the violation …Read more
Tags: Access to medicines,
Indigenous groups,
Influenza,
Measles,
Primary care,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Syphilis,
Tuberculosis
Country:
Netherlands Year: 1985
Court: European Court of Human Rights
Citation: App. No. 8978/80, 8 Eur. H.R. Rep. 235 (1986).
Health Topics:
Child and adolescent health,
Disabilities,
Mental health,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Right to family life,
Right to privacy Facts: The applicant, a father of a mentally handicapped woman, found himself unable to institute criminal proceedings against an individual who had sexually assaulted his daughter due to a gap in the domestic criminal laws of the Netherlands, which required the victim to file the complaint herself. Although the victim was more than sixteen years of …Read more
Tags: Children,
Disabled,
Handicapped,
Incapacity,
Incompetence,
Mental competence,
Mental disability,
Mental disorder,
Mental retardation,
Minor,
Molestation,
Pediatric health,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Violence against women
Country:
Canada Year: 1984
Court: United Nations Human Rights Committee
Citation: Communication No. 167/1984: U.N. Doc. CCPR/C/38/D/167/1984 (1990)
Health Topics:
Controlled substances,
Diet and nutrition,
Environmental health,
Infectious diseases,
Poverty,
Sexual and reproductive health,
Water, sanitation and hygiene Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of religion,
Right to a clean environment,
Right to due process/fair trial,
Right to family life,
Rights to the benefits of culture Facts: Chief Bernard Ominayak (the “author”) was the leader and representative of the Lubicon Lake Band (the “Band”), a Cree Indian Band living in the Province of Alberta in Canada. He argued that the State party expropriated Lubicon land for commercial interest despite its recognition that the Band members had the right to continue their traditional …Read more
Tags: Alcohol,
Childbirth,
Clean water,
Cruel treatment,
Degrading treatment,
Diet,
Environmental degradation,
Food,
Indigenous groups,
Inhuman treatment,
Malnutrition,
Miscarriage,
Substance abuse,
TB,
Tuberculosis,
Waste,
Waste management
Country:
United States Year: 1983
Court: United States Court of Appeals for the Eleventh Circuit
Citation: 698 F.2d 1181 (1983)
Health Topics:
Public safety,
Water, sanitation and hygiene Human Rights: Freedom from discrimination,
Right to a clean environment,
Right to water and sanitation Facts: A group of African-American residents filed a class action lawsuit in Federal District Court against the City of Apopka, Florida (the “City”), which alleged that the City had violated the Equal Protection Clause of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964, and the State and Local Assistance Act of 1972 …Read more
Tags: Cleanliness,
Potable water,
Safe drinking water,
Sewage
Country:
United States Year: 1982
Court: Supreme Court
Citation: 457 U.S. 569 (1982)
Health Topics:
Aging,
Disabilities,
Health care and health services,
Health systems and financing,
Poverty Human Rights: Freedom from discrimination,
Right to social security Facts: The Respondents brought this suit challenging the constitutional validity of § 1903(f) of the Social Security Act (the Act); they claimed it violated the equal protection component of the Fifth Amendment. Under the Medicaid program, States were required to provide Medicaid coverage to certain individuals described as the “categorically needy” and, at their discretion, could …Read more
Tags: Access to treatment,
Aged persons,
Blind,
Budget,
Disabled,
Elderly,
Handicapped,
Health expenditures,
Health funding,
Health spending,
Indigent,
Low income,
Older persons,
Physically challenged,
Poor,
Secondary care,
Senior citizens,
Subsidies,
Tertiary care
Country:
United Kingdom Year: 1981
Court: European Court of Human Rights
Citation: Application No. 7525/76; (1981) 4 EHRR 149; [1981] ECHR 5
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to privacy Facts: During a police search of Applicant Dudgeon’s home on suspicion of drug activity, personal property, including correspondences and diaries describing same-sex sexual activity, was seized. Dudgeon was subsequently taken to a police station and questioned extensively about his sexual life. The prosecutor considered but eventually declined to prosecute Dudgeon under a statute prohibiting “gross indecency” …Read more
Tags: Buggery,
Gay,
Homosexual,
Lesbian,
LGBTI,
Queer,
Sexual orientation,
Sodomy
Country:
United States Year: 1981
Court: Inter-American Commission on Human Rights
Citation: Resolution 23/81, Case 2141, March 6, 1981; OEA/Ser.L/V/II.54, Doc. 9 rev. 1, 16 October 1981
Health Topics:
Health care and health services,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to health,
Right to liberty and security of person,
Right to life Facts: The President of the Catholics for Christian Political Action and another filed a claim against the United States and the Commonwealth of Massachusetts claiming they failed to fulfill their obligations under the American Declaration of the Rights and Duties of Man (the Declaration) and American Convention on Human Rights (the Convention) (the United States has …Read more
Tags: Abortion,
Access to treatment,
Childbirth,
Criminalization,
Maternal health,
Maternal mortality,
Pregnancy,
Termination of pregnancy,
Therapeutic abortion
Country:
United Kingdom Year: 1980
Court: European Commission of Human Rights
Citation: Application No. 7525/76
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to liberty and security of person,
Right to privacy Facts: Applicant, a gay man, brought a complaint before the Commission alleging that laws criminalizing male homosexual conduct in Northern Ireland constituted unjustified interference with his right to respect for his private life (Article 8 of the European Convention on Human Rights) as well as unjustifiable discrimination on sexual grounds and residency grounds (Article 14). Due …Read more
Tags: Buggery,
Gay,
Homosexual,
Lesbian,
LGBTI,
Sexual orientation,
Sodomy
Country:
Germany Year: 1977
Court: European Commission on Human Rights
Citation: Brüggemann v. F.R.G., App. No . 6959/75, 3 Eur. H.R. Rep. 244 (1977).
Health Topics:
Health care and health services,
Health systems and financing,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom of association,
Freedom of religion,
Right to family life,
Right to life,
Right to privacy Facts: In 1975, the Constitutional Court of Germany struck down a law that decriminalized abortion in the first trimester of pregnancy. The applicants claimed that the resulting amendment to the German criminal code, which criminalized abortion (except under certain circumstances) in the first trimester of pregnancy violated Article 8 (right to a private life) of the European Convention on …Read more
Tags: Abortion,
Access to health care,
Access to treatment,
Childbirth,
Contraception,
Contraceptives,
Criminalization,
Family planning,
Pregnancy,
Termination of pregnancy
Country:
United States Year: 1977
Court: United States Court of Appeals, Fourth Circuit
Citation: Walker v. Pierce 560 F.2d 609 (4th Cir. 1977)
Health Topics:
Health care and health services,
Informed consent,
Medical malpractice,
Poverty,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to family life,
Right to health,
Right to privacy Facts: Plaintiff Virgil Walker filed suit against Defendant, Clovis H. Pierce, the attending obstetrician at Aiken County Hospital in South Carolina, seeking damages and declaratory and injunctive relief for a violation of her civil rights under the 1st, 4th, 5th 8th, 9th, 13th, and 14th amendments. Virgil Walker, an African American woman on Medicaid, went to …Read more
Tags: Access to health care,
Family planning,
Indigent,
Involuntary sterilization,
Low income,
Patient choice,
Poor,
Sterilization
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Country:
United States Year: 1974
Court: Supreme Court
Citation: 415 U.S. 250 (1974)
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Poverty Human Rights: Freedom from discrimination,
Freedom of movement and residence Facts: The appellants, Henry Evaro and Memorial Hospital, brought an action against Maricopa County challenging the constitutionality of a provision in an Arizona statute requiring 12 months residence in a county before medical care is provided to an indigent person in non-emergency situations. Evaro, an indigent person, suffered from chronic asthma and bronchial illness. In June …Read more
Tags: Access to health care,
Access to treatment,
Budget,
Health expenditures,
Health facilities,
Health funding,
Health regulation,
Health spending,
Indigent,
Low income,
Poor,
Private hospitals,
Public hospitals,
Underprivileged
Country:
United States Year: 1972
Court: Supreme Court
Citation: 408 U.S. 238
Health Topics:
Prisons,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to life Facts: The Court considered three cases together that involved individuals sentenced to death. One case involved a black man who was convicted of murdering a homeowner during an attempted burglary. He was committed to a psychiatric hospital after arrest and diagnosed as suffering from mild to moderate mental impairments with psychotic episodes, but was later found …Read more
Tags: Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Execution,
Incarceration,
Inhuman treatment,
Inmate,
Rape,
Sexual violence,
Torture
Country:
United States Year: 1942
Court: Supreme Court
Citation: 316 U.S. 535 (1942)
Health Topics:
Informed consent,
Prisons,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to family life,
Right to liberty and security of person Facts: Petitioner brought a constitutional challenge to provisions of Oklahoma’s Habitual Criminal Sterilization Act of 1935 (the Act), which permitted sentences of compulsory sterilization for “habitual offenders” in crimes involving “moral turpitude.” Pursuant to section 195 of the Act, the same sentence did not extend to white-collar crimes, defined as those “offenses arising out of the …Read more
Tags: Compulsory treatment,
Detention,
Forced treatment,
Imprisonment,
Incarceration,
Inmate,
Involuntary treatment,
Jail,
Non-consensual testing and treatment,
Sterilization