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415 judgments found.
Country:
Zambia Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication no. 1303/2004
Health Topics:
Chronic and noncommunicable diseases,
Diet and nutrition,
Health care and health services,
HIV/AIDS,
Medicines,
Prisons Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Right to due process/fair trial,
Right to education,
Right to family life,
Right to health,
Right to liberty and security of person,
Right to life,
Right to privacy Facts: On 28 October 1997, JC (a military officer) was arrested by Zambian police for an attempted coup d’état. He was severely tortured and charged with treason. While being tortured, he was forced to sign false confessions and to implicate other military officials. Because of the torture, he was hospitalized at various times. On 31 October …Read more
Tags: Abuse,
Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Asylum,
Cancer,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Diet,
Execution,
Forced disappearance,
Forced displacement,
HIV,
HIV positive,
Humiliating treatment,
Hunger,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Law enforcement,
Malnutrition,
People living with HIV/AIDS,
PLHIV,
Police,
Prison conditions,
Refugees,
Torture
Country:
Kenya Year: 2012
Court: High Court at Nairobi
Citation: Petition 155A of 2011
Health Topics:
Health systems and financing,
Mental health Human Rights: Freedom from discrimination,
Right to education,
Right to health Facts: The petitioners, the Kenya Society for the Mentally Handicapped, brought suit against the Kenyan government for violating the rights of Kenyans with intellectual, mental and psychosocial disabilities. They brought suit against six respondents: the National Council for Persons with Disabilities for not implementing measures that address the needs of people with mental disabilities, formulate policies to …Read more
Tags: Budget,
Mental disability,
Mental institution,
Mental retardation
Country:
Bulgaria Year: 2012
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 31/2011; UN Doc. CEDAW/C/53/D/31/2011
Health Topics:
Violence Human Rights: Freedom from discrimination,
Right to bodily integrity Facts: A mother brought a case on behalf of her daughter who was suffering affective disorder for having been a victim of an act of sexual violence in 2004, when she was seven years old. In 2006, the indictment against the perpetrator was issued. After two years, and in less than two months, the court approved …Read more
Tags: Assault,
Molestation,
Rape,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Violence against women
Country:
Sweden Year: 2012
Court: Committee on the Rights of Persons with Disabilities
Citation: Communication No. 3/2011; U.N. Doc. CRPD/C/7/D/3/2011
Health Topics:
Chronic and noncommunicable diseases,
Disabilities,
Health care and health services Human Rights: Freedom from discrimination,
Right to health,
Right to life Facts: The petitioner had a chronic connective tissue disorder, Ehlers-Danlos Syndrome (EDS), due to which she could no longer leave her house nor could she be transported to the hospital because of the increased risk of injury. The only type of rehabilitation available to her was hydrotherapy via an indoor pool at her house. Accordingly, the …Read more
Tags: Access to healthcare,
Access to treatment,
Differently abled,
Disabled,
Handicapped,
Neurological diseases,
Noncommunicable diseases,
Physically challenged
Country:
Finland Year: 2012
Court: European Court of Human Rights
Citation: Application No. 37359/09
Health Topics:
Health information,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to family life,
Right to privacy Facts: The applicant, H., was born male, married a woman, and had a child. She was diagnosed as transgender during the course of the marriage, whereupon she changed her first names and renewed her passport and driver’s license. However, her request to have her identity number changed was refused based on sections 1 and 2 of …Read more
Tags: Civil union,
Confidentiality,
Disclosure,
Domestic partnership,
Gender identity,
Gender reassignment,
Non-disclosure,
Notification,
Spousal consent,
Transgender
Country:
Slovakia Year: 2012
Court: European Court of Human Rights
Citation: App. No. 15966/04
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right of access to information,
Right to family life Facts: Three applicants of Roma ethnic origin were all sterilized in a public hospital during Caesarean section deliveries. The first applicant was not told that she had been sterilized. After the delivery, a doctor asked her to sign a document that all women who had Caesarean sections had to sign. Five days after the delivery she …Read more
Tags: Caesarian,
Childbirth,
Compulsory sterilization,
Family planning,
Forced sterilization,
Forced treatment,
Inappropriate treatment,
Infertility,
Informed choice,
Involuntary sterilization,
Involuntary treatment,
Mandatory sterilization,
Mandatory treatment,
Non-consensual testing and treatment,
Parental consent,
Patient choice,
Public hospitals,
Sterilization,
Unauthorized treatment
Country:
United Kingdom Year: 2012
Court: Central London County Court
Citation: [2012] EWHC 604 (QB)
Health Topics:
Disabilities,
Mental health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to liberty and security of person,
Right to privacy Facts: At the time of the events involved in the case, ZH was a sixteen-year-old boy who suffered from autism and epilepsy. ZH was taken on a pool visit where he became fixated by the water. His carers and the pool staff could not touch him because he would have reacted adversely. The pool manager called …Read more
Tags: Differently abled,
Disabled,
Handicapped,
Law enforcement,
Mental disability,
Police
Country:
Canada Year: 2012
Court: Federal Court
Citation: (2012) FC 144
Health Topics:
Disabilities,
Health care and health services,
Health systems and financing,
Hospitals,
Medicines Human Rights: Freedom from discrimination,
Freedom of movement and residence,
Right to health,
Right to life Facts: The applicant was a citizen of Saint Vincent and the Grenadines who entered Canada on a visitor visa, and remained in Canada illegally after his visa had expired. During this time, he was hospitalized after losing his eyesight and memory. He was diagnosed with a benign tumor affecting his brain and pituitary gland. The tumor …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Blind,
Essential medicines,
Examination,
Health expenditures,
Health facilities,
Health funding,
Health regulation,
Health spending,
Immigrants,
Immigration,
Refugees,
Testing
Country:
Libya Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication No. 1880/2009
Health Topics:
HIV/AIDS,
Medical malpractice,
Prisons,
Public safety Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of religion,
Right to bodily integrity,
Right to due process/fair trial,
Right to liberty and security of person,
Right to life Facts: Four out of the five claimants in this case arrived in Libya between February 1998 and February 1999 to work as members of a Bulgarian medical team at Al-Fatah pediatrics hospital; the other claimant had arrived in Libya in 1991 and had been working at a different hospital. On 9 February 1999, the authors together …Read more
Country:
India Year: 2011
Court: High Court - Madras
Citation: 2011 (1) CTC 645
Health Topics:
HIV/AIDS,
Infectious diseases,
Occupational health Human Rights: Freedom from discrimination,
Right to work Facts: Mr. Y, Petitioner No.1, was a person belonging to the backward class. He held a valid driving license and was asked to apply for an interview to the Tamil Nadu State Transport Corporation, Respondent, for the post of a driver. He was asked to submit his medical fitness certificate and certificate relating to eyesight to …Read more
Tags: HIV positive,
HIV status,
Occupational health and safety,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
Russia Year: 2011
Court: European Court of Human Rights
Citation: Application No. 2700/10, (2011) 53 EHRR 26; [2011] ECHR 439
Health Topics:
HIV/AIDS,
Infectious diseases Human Rights: Freedom from discrimination,
Freedom of movement and residence,
Right to family life,
Right to housing Facts: K was born in the Uzbek SSR of the Soviet Union and acquired Uzbekistan citizenship following the collapse of the USSR. In October 2002, K’s brother purchased a house in the Oryol Region of Russia. In 2003, K, his half brother and their mother moved into this house. In July 2003, K married a Russian …Read more
Tags: AIDS,
HIV,
HIV positive,
HIV status,
Most-at-risk,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
Brazil Year: 2011
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 17/2008; UN Doc. CEDAW/C/49/D/17/2008
Health Topics:
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Medical malpractice,
Poverty,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to due process/fair trial,
Right to health,
Right to life Facts: The author of the communication, the mother of a woman who had died during childbirth, claimed that Brazilian authorities had not ensured access to quality medical treatment during her daughter’s delivery in violation of nondiscrimination provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). More specifically, the author of …Read more
Tags: Access to health care,
Access to treatment,
Childbirth,
Clinics,
Diagnostics,
Emergency care,
Examination,
Health care professionals,
Health care workers,
Health facilities,
Health funding,
Health records,
Inadequate treatment,
Inappropriate treatment,
Indigent,
Low income,
Maternal health,
Maternal mortality,
Medical records,
Miscarriage,
Misdiagnosis,
Negligence,
Poor,
Pregnancy,
Private hospitals,
Underprivileged
Country:
Indonesia Year: 2011
Court: Constitutional Court
Health Topics:
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Poverty Human Rights: Freedom from discrimination,
Right to a clean environment,
Right to health,
Right to housing,
Right to life,
Right to social security,
Right to work Facts: On April 3, 2010, the Indonesian Government filed the Budget Amendment Bill of 2010 in Parliament. On May 3, 2010, a Plenary Session of the House of Representatives passed an amendment to the National Budget entitled Law No. 2 of 2010 Concerning the Amendment to Law No. 47 of 2009 Regarding the National Budget for …Read more
Tags: Access to health care,
Access to treatment,
Budget,
Health expenditures,
Health facilities,
Health funding,
Health promotion,
Health spending,
Indigent,
Low income,
Poor,
Underprivileged
Country:
Indonesia Year: 2011
Court: Constitutional Court
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Medicines Human Rights: Freedom from discrimination,
Right to a clean environment,
Right to health,
Right to housing Facts: The Plaintiffs were nurses and heads of rural health centers in the East Kalimantan Province of Indonesia. They challenged two provisions of Law No. 36 of 2009 Concerning Health. These were Article 108(1), which allowed only certain “health workers” to prescribe and distribute medicines, and Article 190(1), which made it an offence for workers in …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Alternative medicine,
Drug quality,
Drug safety,
Drug testing,
Emergency care,
Health care professionals,
Health care workers,
Health facilities,
Health regulation,
Pharmaceuticals,
Primary care,
Traditional medicine
Country:
Indonesia Year: 2011
Court: Constitutional Court
Health Topics:
Health information,
Tobacco Human Rights: Freedom from discrimination,
Right to health,
Right to social security Facts: The Plaintiffs challenged Indonesian legislative provisions regulating health warnings on cigarette packaging. The impugned provision, Article 114 of Law No. 36 of 2009 Concerning Health (the Law), required health warnings on all cigarette packaging. The Explanation Provision in the legislation defined such a health warning as one that was easily readable, and one that “may” …Read more
Tags: Advertising,
Awareness,
Disclosure,
Health care professionals,
Health education,
Health promotion,
Smoking,
Smoking cessation,
Tobacco control,
Tobacco regulation
Country:
Belarus Year: 2011
Court: Constitutional Court
Health Topics:
Aging,
Disabilities,
Health care and health services,
Health systems and financing Human Rights: Freedom from discrimination,
Right to education,
Right to favorable working conditions,
Right to food,
Right to health,
Right to housing,
Right to social security,
Right to work Facts: Exercising its obligatory preliminary control powers, the Constitutional Court of the Republic of Belarus considered the constitutionality of the Law of the Republic of Belarus on Making Alterations and Addenda to Certain Laws of the Republic of Belarus on Social Protection of the Disabled People (the Law). The law made amendments and additions to previous …Read more
Tags: Aged persons,
Disabled,
Elderly,
Handicapped,
Health funding,
Informed choice,
Long-term care,
Non-consensual testing and treatment,
Older persons,
Patient choice,
Physically challenged,
Senior citizens,
Social security
Country:
Mexico Year: 2011
Court: Supreme Court
Citation: D. 587. XLIII
Health Topics:
Controlled substances,
Tobacco Human Rights: Freedom from discrimination,
Right of access to information,
Right to health,
Right to life Facts: The plaintiff, a Mexican national, presented an appeal for legal protection against Mexico, arguing that modifications of the General Health Law (Ley General de Salud), which controlled and regulated tobacco advertising, constituted a violation of the constitutional right to health, as enshrined in Article 4 of the Constitution and falling within the scope of Article …Read more
Tags: Contamination,
Passive smoking,
Second-hand smoke,
Smoking,
Tobacco control,
Tobacco regulation
Country:
Peru Year: 2011
Court: Committee on the Elimination of Discrimination against Women
Citation: L.C. v. Peru, CEDAW, U.N. Doc. CEDAW/C/50/D/22/2009 (2011).
Health Topics:
Health care and health services,
Health systems and financing,
Mental health,
Poverty,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to family life,
Right to health,
Right to life,
Right to privacy Facts: A minor child, L.C., began to be sexually abused at the age of 11 years by a 34-year-old man. Two years later, L.C. became pregnant, and in response, attempted suicide by jumping from a building. L.C. survived her suicide attempt, and she was taken to a public hospital where she was diagnosed with a series …Read more
Tags: Abortion,
Access to treatment,
Criminalization,
Domestic abuse,
Domestic violence,
Molestation,
Rape,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Suicide,
Termination of pregnancy,
Therapeutic abortion,
Violence against women
Country:
Uruguay Year: 2011
Court: Tribunal Apelaciones Civil 4ºTº (Civil Appeals Court, 4th District)
Citation: Rodriguez, Allison v. Executive Power and others – writ of amparo and appeal against refusal of leave to appeal Case No: 2-13.991/2011
Health Topics:
Medicines Human Rights: Freedom from discrimination,
Right to health Facts: A previous judgment compelled the Ministry of Public health to deliver the drug “Cetuximab” to the plaintiff within three working days until the Ministry of Public Health decided whether or not to include the drug “Cetuximab” on the Therapeutic Drug Form (FTM). The judgement was appealed and appellants argued that the conditions required to proceed …Read more
Tags: Access to drugs,
Access to medicines,
Drug testing
Country:
Uruguay Year: 2011
Court: Tribunal Apelaciones Civil 4ºTº
Health Topics:
Chronic and noncommunicable diseases,
Health systems and financing,
Medicines,
Poverty Human Rights: Freedom from discrimination,
Right to health,
Right to life Facts: Appellant Ministry of Public Health (“MSP”) refused to provide the medicine CETUXIMAB to the plaintiff, arguing that, although it was obligated to ensure public health, it had no legal power to dispense medication directly to the population and that its refusal to provide the medicine was also consistent with the fact that the drug was …Read more
Tags: Access to drugs,
Access to medicines,
Cancer,
Essential medicines,
Health funding,
Health insurance,
Health regulation,
Low income,
Pharmaceuticals,
Social security
Country:
Sri Lanka Year: 2011
Court: Supreme Court
Citation: S.C. (FR) No. 221/2009
Health Topics:
Disabilities Human Rights: Freedom from discrimination Facts: This case was filed by the Secretary General of IDIRIYA, Dr. Ajith C.S. Perera. IDIRIYA is a non- profit organization advocating for disability-related access issues. The Act for the Protection of the Rights of Persons with Disabilities Act, No. 28 of 1996, together with the Disabled Persons (Accessibility) Regulations, No.1 of 2006, specify the manner …Read more
Tags: Disabled,
Handicapped,
Physically challenged
Country:
Bulgaria Year: 2011
Court: Commission for Protection against Discrimination in Republic of Bulgaria
Citation: CPAD. 2011. Judgment No. 115.
Health Topics:
Disabilities Human Rights: Freedom from discrimination Facts: The complaint was brought by Zoya Trifonova, in her capacity as chairperson for the foundation “Center for Hope” against ‘Metropolitan’ EAD, an entity owned by Sofia municipality and administrator of the city’s metro rail services. The construction of the metro station ‘Sofia University’ hindered the access of persons with disabilities to use public transportation. Trifonova’s …Read more
Tags: Blind,
Disabled,
Handicapped,
Physically challenged
Country:
Slovakia Year: 2011
Court: European Court of Human Rights
Citation: App. No. 18968/07, Eur. Ct. H.R. (2011).
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right of access to information,
Right to family life,
Right to privacy Facts: The applicant, a woman of Roma origin, was sterilized at the hospital during the delivery of her second child. Prior to the Cesarean section, the medical personnel allegedly asked the applicant whether she wanted any more children. When she expressed that she did, the medical personnel allegedly told the applicant that if she got pregnant …Read more
Tags: Birth control,
Caesarean,
Childbirth,
Compulsory sterilization,
Contraception,
Contraceptives,
Family planning,
Forced sterilization,
Forced treatment,
Health facilities,
Inappropriate treatment,
Infertility,
Informed choice,
Involuntary sterilization,
Involuntary treatment,
Mandatory sterilization,
Mandatory treatment,
Maternal health,
Maternal mortality,
Non-consensual testing and treatment,
Patient choice,
Pregnancy,
Sterilization,
Unauthorized treatment