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536 judgments found.
Country:
Argentina Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: CSJ 44/2010(46-0) /CS1
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Occupational health,
Public safety Human Rights: Right to health,
Right to life,
Right to social security Facts: The plaintiff, the Health Insurance of the Construction Workers [Obra Social del Personal de la Construcción – OSPECON], filed suit against the National State, Ministry of Health and Social Action and Superintendent of Health Services to liquidate and transfer the corresponding funds from the Fondo Solidario de Distribución [Solidary Distribution Fund] created in law 23.661 to …Read more
Tags: Access to health care,
Budget,
Health funding,
Health regulation,
Health spending,
Social security,
Unemployment
Country:
Argentina Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 876. XLVII. REX
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Mental health Human Rights: Right to development,
Right to education,
Right to health,
Right to life,
Right to participation,
Right to work Facts: The plaintiff filed an appeal to the Supreme Court of Justice of the Province of Buenos Aires [Suprema Corte de la Provincia de Buenos Aires] against the health insurance of the Province of Buenos Aires [I.O.M.A] to obtain comprehensive coverage treatment in a special school [CEPP] for their disabled son that had Down’s syndrome, where he …Read more
Tags: Access to health care,
Access to treatment,
Health regulation,
Mental disability,
Mental illness
Country:
Argentina Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 1196. XLVII
Health Topics:
Aging,
Health care and health services,
Health systems and financing,
Hospitals,
Medicines Human Rights: Right to health,
Right to life,
Right to social security Facts: The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance “Unión Personal” to reestablish her as an retired affiliate of the health insurance based on article 10.h of Law 23.660. She had been a beneficiary during 20 years for being the spouse of the main affiliate. When her …Read more
Tags: Access to health care,
Access to medicines,
Access to treatment,
Aging,
Elderly,
Health insurance,
Health regulation,
Right to social security,
Social security
Country:
India Year: 2013
Court: Supreme Court
Citation: Civil Appeal No. 10972 of 2013
Health Topics:
HIV/AIDS,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to life,
Right to privacy Facts: Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of life imprisonment. Naz Foundation, the Petitioner, was an NGO working in …Read more
Tags: AIDS,
Bisexual,
Buggery,
Criminalization,
Gay,
Gender identity,
HIV,
Homosexual,
Law enforcement,
Lesbian,
LGBTI,
Sexual orientation,
Sodomy,
Transgender
Country:
Armenia Year: 2013
Court: Court of Cassation (Հայաստանի Հանրապետության Վճռաբեկ դատարան)
Citation: Case No. ‘ԵԿԴ/0077/11/12’
Health Topics:
Health care and health services,
Hospitals,
Infectious diseases,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to due process/fair trial,
Right to life Facts: Arman Antonyan, the son of the applicant Susanna Antonyan, died upon receiving treatment at a medical institution. A. Antonyan’s death was caused by acute liver failure resulted from the fulminant viral malignant hepatitis B. On May 31, 2010, S. Antonyan reported to the RA General Prosecutor’s Office that after her son A. Antonyan received treatment …Read more
Tags: Duty of care,
Emergency care,
Examination,
Health care professionals,
Health care workers,
Health facilities,
Hepatitis,
Infertility,
Negligence,
Public hospitals,
Testing
Country:
Ukraine Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Hospitals,
Medical malpractice,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to life Facts: The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more
Tags: Access to health care,
Access to treatment,
AIDS,
Custody,
Detainee,
Detention,
Diagnostics,
Duty of care,
Emergency care,
Examination,
Health care professionals,
Health care workers,
Health records,
HIV,
HIV positive,
HIV status,
Inadequate treatment,
Inappropriate treatment,
Medical records,
Misdiagnosis,
Negligence,
People living with HIV/AIDS,
Police,
Public hospitals,
Remedies,
Standard of care,
Testing,
Trauma
Country:
Poland Year: 2013
Court: European Court of Human Rights
Citation: Application No. 46132/08
Health Topics:
Health information,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to family life,
Right to life,
Right to privacy Facts: The applicant’s pregnant daughter died in 2004 of septic shock at Barlicki Hospital in Poland. The applicant alleged her daughter’s death was caused by negligence and filed claims under the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”) for violation of her daughter’s rights to life under Article 2, to freedom from …Read more
Tags: Abortion,
Conscientious objection,
Degrading treatment,
Disclosure,
Duty of care,
Health care professionals,
Health records,
Inadequate treatment,
Maternal health,
Maternal mortality,
Medical records,
Negligence,
Pregnancy; Termination of pregnancy,
Standard of care
Country:
United Kingdom Year: 2013
Court: Court of Appeal, Queen’s Bench Division
Citation: [2013] EWCA Civ 961
Health Topics:
Disabilities,
Health care and health services Human Rights: Right to bodily integrity,
Right to life,
Right to privacy Facts: Martin suffered a stroke in 2008 leaving him unable to move or speak. He was completely dependent on his family and spent almost all of his time in bed. The effects of his stroke were permanent. Because of his disabilities, he was not able to take his own life. He had attempted to end his …Read more
Tags: Assisted suicide,
Criminalization,
Disabled,
Handicapped,
Health care professionals,
Health care workers,
Informed choice,
Palliative care,
Patient choice,
Physically challenged,
Suicide
Country:
Turkey Year: 2013
Court: European Court of Human Rights
Citation: Application No. 13423/09
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to life Facts: The first applicant’s wife and second applicant’s mother, Menekse Senturk, was 34 weeks pregnant when she began experiencing pain. The first applicant took Mrs. Senturk to the Karsiyaka Public Hospital, the Izmir Public Hospital, the Ataturk Research and Teaching Hospital, and the Ege University Medical Faculty Hospital over the course of the day. Only at …Read more
Tags: Access to health care,
Access to treatment,
Duty of care,
Emergency care,
Inadequate treatment,
Inappropriate treatment,
Maternal mortality,
Miscarriage,
Negligence,
Out-of-pocket expenditures,
Patient choice,
Pregnancy,
Private hospitals,
Standard of care
Country:
Canada Year: 2013
Court: Ontario Superior Court of Justice
Citation: 2013 ONSC 5392
Health Topics:
Health care and health services,
Health systems and financing,
Mental health,
Public safety Human Rights: Freedom from discrimination,
Right to life Facts: The Court examined the constitutionality of Brian’s Law, which was passed in 2000 after a man named Brian Smith was fatally shot by an untreated schizophrenic. The law included expanded committal criteria and allowed for involuntary admission for individuals who had experienced “substantial mental deterioration,”even if they were not necessarily a danger to others. In …Read more
Tags: Community-based care,
Compulsory commitment,
Compulsory confinement,
Examination,
Health regulation,
Incapacity,
Insanity,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental disorder,
Mental illness,
Psychiatry,
Schizophrenia,
Threat of violence
Country:
Turkey Year: 2013
Court: The European Court of Human Rights
Citation: Application No. 13423/09
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Hospitals,
Medical malpractice,
Medicines,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to health,
Right to life Facts: The first applicant took his pregnant wife to the Izmir Pubic Hospital. A midwife examined his wife and the duty gynecologist was not called. As the applicant’s wife was experiencing continuous pain, he took her to another hospital- Atatruk Research and Teaching Hospital. An Assistant Doctor examined her and thereafter referred her to the Urology …Read more
Tags: Access to health care,
Access to treatment,
Child mortality,
Childbirth,
Children,
Clinics,
Diagnostics,
Duty of care,
Emergency care,
Examination,
Health expenditures,
Health facilities,
Health funding,
Inadequate treatment,
Inappropriate treatment,
Maternal health,
Maternal mortality,
Midwifery,
Misdiagnosis,
Negligence,
Pharmaceuticals,
Private hospitals,
Public hospitals
Country:
Norway Year: 2013
Court: The European Court of Human Rights
Citation: Applications nos. 52806/09 and 22703/10)
Health Topics:
Chronic and noncommunicable diseases,
Health information,
Occupational health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right of access to information,
Right to family life,
Right to life Facts: The applicants were five Norwegian nationals, a Swedish national and an Icelandic national. The applicants developed health problems such as obstructive lung diseases and Post Traumatic Stress Disorder (PTSD) and became disabled. This had happened as a result of their deep diving jobs. They alleged that the working conditions and compromising safety had lead to …Read more
Tags: Awareness,
Confidentiality,
Disclosure,
Lung disease,
Neurological diseases,
Noncommunicable diseases,
Occupational accident,
Occupational disease,
Occupational hazards,
Occupational health and safety,
Pulmonary diseases,
Respiratory diseases,
Safe working conditions,
Workers' compensation
Country:
Romania Year: 2013
Court: The European Court of Human Rights
Citation: CASE OF CSOMA v. ROMANIA (Application no. 8759/05) 2013
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to life,
Right to privacy Facts: The applicant in this case was a nurse who was pregnant and was being followed by a gynecologist, Dr. P.C, at the hospital where she had been working. At the 16th week of her pregnancy, hydrocephalus was diagnosed with the fetus and the pregnancy was determined to be interrupted. To induce the abortion, medications and …Read more
Country:
Bulgaria Year: 2013
Court: The European Court of Human Rights
Citation: CASE OF DIMITAR SHOPOV v. BULGARIA (Application no. 17253/07)
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life Facts: The applicant, a Bulgarian National, lodged a claim against the Republic of Bulgaria alleging that its authorities had failed to effectively investigate an assault against him by private individuals. The applicant was involved in a fight between several people on 1 May 1991 in which he was stabbed, admitted to hospital and underwent an urgent …Read more
Country:
Argentina Year: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 53 .XLIX.
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Right to health,
Right to life Facts: The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health of Buenos Aires for it to provide a cardioverter defibrillator and cardiac resynchronisation that was prescribed for his disease (dilated cardiomyopathy), and at the same time filed for a precautionary measure so the cardioverter defibrillator and cardiac …Read more
Tags: Access to health care,
Access to treatment,
Chronic and noncommunicable diseases,
Dilated Cardiomyopathy,
Health insurance,
Health regulation,
Heart disease,
Social security
Country:
Argentina Year: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 576. XLIX.
Health Topics:
Chronic and noncommunicable diseases,
Disabilities,
Health care and health services,
Health systems and financing,
Hospitals,
Medicines Human Rights: Right to health,
Right to life Facts: The plaintiff brought the case with First Instance Civil and Commercial Court of San Martín [Juzgado de Primera Instancia en lo Civil y Comercial N°7 de San Martín] against the provincial executive organ of the Federal Program of Health [PROFE Salud] to provide coverage and prescribed medicines she needed for her strict treatment for her systemic …Read more
Tags: Access to health care,
Access to medicines,
Access to treatment,
Chronic and noncommunicable diseases,
Health expenditures,
Health funding,
Health insurance,
Health regulation,
Lupus
Country:
Argentina Year: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 881. XLVIII.
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Medicines Human Rights: Right to health,
Right to life Facts: The plaintiff filed a precautionary measure with First Instance Family Court of La Matanza [Juzgado de Familia N° 7 de La Matanza] against the Ministry of Health of the province of Buenos Aires for it to provide health care and radiation treatment for her disease. The provincial court held that it lacked competence to solve …Read more
Tags: Access to health care,
Access to medicines,
Access to treatment,
Cancer,
Chronic and noncommunicable diseases,
Health insurance,
Health regulation,
Radiation
Country:
South Africa Year: 2012
Court: Constitutional Court
Citation: [2012] ZACC 30
Health Topics:
Diet and nutrition,
Health care and health services,
Infectious diseases,
Prisons Human Rights: Right to bodily integrity,
Right to liberty and security of person,
Right to life Facts: While incarcerated in congested prison with poor hygienic conditions, Dudley Lee was infected with tuberculosis (TB). The responsible prison authorities were aware of the risk of the inmates’ contracting TB, but did not have a comprehensive system in place to reduce the risk of infection. Rather, the prison authorities relied on a system of inmates …Read more
Tags: Access to health care,
Access to treatment,
Custody,
Diagnostics,
Duty of care,
Examination,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Malnutrition,
Negligence,
Prison conditions,
Remedies,
Standard of care,
TB,
Tort,
Tuberculosis
Country:
Ecuador Year: 2012
Court: Inter-American Court of Human Rights
Citation: Case No. 12.465; Series C No. 245, June 27, 2012
Health Topics:
Diet and nutrition,
Environmental health,
Health care and health services,
Medicines,
Violence Human Rights: Freedom of expression,
Freedom of movement and residence,
Right to bodily integrity,
Right to due process/fair trial,
Right to liberty and security of person,
Right to life,
Right to participation,
Right to property Facts: This case concerned the Kichwa nation of the Ecuadorian Amazon, which encompassed two Peoples who shared the same linguistic and cultural tradition. The State of Ecuador had granted a private oil company a permit to carry out oil exploration and exploitation of activities in the ancestral territory of the Kichwa nation. The State did not …Read more
Tags: Abuse,
Access to health care,
Access to treatment,
Alternative medicine,
Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Diet,
Humiliating treatment,
Indigenous groups,
Indigenous medicine,
Industrial waste,
Inhuman treatment,
Military,
Pollution,
Primary care,
Rape,
Sexual violence,
Torture,
Violence against women
Country:
Kenya Year: 2012
Court: High Court at Nairobi
Citation: Petition 409 of 2009
Health Topics:
Child and adolescent health,
HIV/AIDS,
Medicines,
Poverty Human Rights: Right to health,
Right to life Facts: The Petitioners were citizens of Kenya living with HIV. They claimed that provisions of the Anti-Counterfeiting Act, 2008 (the Act) severely restricted access to affordable, essential medicines, including generic medicines for HIV-related diseases, in violation of their fundamental rights to life, dignity and health protected under articles 26(1), 28 and 43 of the Constitution of …Read more
Tags: Access to drugs,
Access to medicines,
AIDS,
Antiretrovirals,
ARVs,
Children,
Drug quality,
Drug safety,
Essential medicines,
Generic drugs,
HIV,
HIV positive,
Intellectual property,
Manufacturing,
Minor,
Patents,
Pediatric health,
People living with HIV/AIDS,
Pharmaceuticals,
PLHIV,
Poor,
Pricing,
Spurious medicines,
Transmission,
Underprivileged
Country:
Uganda Year: 2012
Court: Constitutional Court
Citation: Constitutional Petition No. 16 of 2011
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Hospitals,
Medical malpractice,
Medicines,
Poverty,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to life Facts: The petitioners claimed that the lack of provision of basic health maternal commodities in Government Health Facilities and the negligent, unethical behavior of health workers toward expectant mothers in those facilities resulted in violations of the Constitution of the Republic of Uganda (the “Constitution”). Specifically, the petitioners claimed violations of the right to health and …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Childbirth,
Children,
Cruel treatment,
Degrading treatment,
Essential medicines,
Health care professionals,
Health care workers,
Health expenditures,
Health facilities,
Health funding,
Health spending,
Humiliating treatment,
Inadequate treatment,
Inappropriate treatment,
Indigent,
Infant health,
Infant mortality,
Inhuman treatment,
Low income,
Maternal health,
Maternal mortality,
Midwifery,
Negligence,
Out-of-pocket expenditures,
Pediatric health,
Poor,
Pregnancy,
Primary care,
Public hospitals,
Remedies,
Subsidies,
Underprivileged
Country:
India Year: 2012
Court: High Court - Madhya Pradesh
Citation: Writ Petition No. 9061/2008
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Hospitals,
Medicines,
Poverty,
Sexual and reproductive health,
Water, sanitation and hygiene Human Rights: Right to life Facts: The petitioner is a social activist that works on raising concern over the high maternal mortality in the Indian state of Madhya Pradesh. The petitioner alleged that the state’s program to reduce the maternal mortality rate (MMR) had failed to be implemented effectively in Madhya Pradesh. The petitioner had filed this petition, alleging that about …Read more
Tags: Abortion,
Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Budget,
Clean water,
Clinics,
Emergency care,
Health care professionals,
Health care technology,
Health care workers,
Health expenditures,
Health facilities,
Health funding,
Health spending,
Infant health,
Low income,
Maternal health,
Maternal mortality,
Out-of-pocket expenditures,
Poor,
Pregnancy,
Primary care,
Public hospitals,
Termination of pregnancy,
Unsafe abortion,
Vaccination
Country:
Guatemala Year: 2012
Court: Inter-American Court of Human Rights
Health Topics:
Child and adolescent health,
Diet and nutrition,
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Poverty,
Violence,
Water, sanitation and hygiene Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Freedom of religion,
Right to bodily integrity,
Right to development,
Right to due process/fair trial,
Right to family life,
Right to liberty and security of person,
Right to life,
Right to privacy,
Rights to the benefits of culture Facts: This case deals with the destruction of the Mayan community of Río Negro by a series of massacres perpetrated by the Guatemalan army and members of the civil self-defence patrols in 1980 and 1982 which, according to the IACmHR, included the persecution and elimination of members of the Mayan community, subsequent violations directed against the …Read more
Tags: Access to health care,
Assault,
Budget,
Child development,
Children,
Health promotion,
Low income,
Malnutrition,
Minor,
Poor,
Potable water,
Public hospital,
Rape,
Safe drinking water,
Sewage,
Sexual violence,
Violence against women
Country:
Kyrgyzstan Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication No. 1545/2007; CCPR/C/102/D/1545/2007
Health Topics:
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life Facts: On 21 May 1998 an unidentified person left a bag containing an improvised explosive device (‘IED’) in a minibus in Osh, Kyrgyzstan. Unaware of its contents, the driver of the minibus gave the bag to someone to hold in case the owner came back to claim it. On 1 June 1998, the IED in the …Read more
Tags: Abuse,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Execution,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Jail,
Police,
Terrorism,
Torture
Country:
Libya Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication No. 1805/2008
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to liberty and security of person,
Right to life Facts: On 9 August 1995, B, a Libyan citizen, was arrested by the Libyan Internal Security Agency and held in secret detention at Abu Slim prison. In September 2000, B’s relatives were informed that B was alive and allowed to visit him in prison. During those visits, B told his relatives he had been regularly tortured …Read more
Tags: Abuse,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Forced disappearance,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Jail,
Prison conditions,
Solitary confinement,
Torture