Yvonne Watts v. Bedford Primary Care Trust and Secretary of State for Health
Country: United KingdomYear: 2006
Court: European Court of Justice
Citation: C-372/04
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
This case was a reference for a preliminary ruling, concerning the interpretation of Articles 48-50 of the Treaty establishing the European Community, as well as Article 22 of Council Regulation 1408/71 on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community. The reference arose …Read more
British Columbia v Imperial Tobacco Canada Ltd.
Country: CanadaYear: 2005
Court: Supreme Court of Canada
Citation: 2005 SCC 49
Health Topics: Health care and health services, Health systems and financing, Tobacco
Human Rights: Right to due process/fair trial
The Province of British Columbia (BC) passed the Tobacco Damages and Health Care Costs Recovery Act (the “Act”) to allow the government to sue tobacco manufacturers for the costs of providing health care to individuals exposed to tobacco products. Under the Act a given manufacturer could be held liable for a proportion of provincial health …Read more
Caesar v. Trinidad and Tobago
Country: Trinidad and TobagoYear: 2005
Court: Inter-American Court of Human Rights
Citation: Series C No. 123, March 11, 2005
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial
C was arrested on 11 November 1983 as a suspect in connection with a rape alleged to have occurred in Trinidad a few days earlier. On 16 November 1983 he was released on bail. Between 1985 and 1986 committal proceedings took place and he was ordered to stand trial on 21 February 1986. C was …Read more
Case 2005-147
Country: BelgiumYear: 2005
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2005-147, 28 September 2005
Health Topics: Health care and health services, Health information
Human Rights: Freedom of association
Tags: Access to health care, Access to treatment, Freedom of information, Health care professionals, Health care workers, Health data, Health education, Health promotion
Dbeis and Ors. v. Secretary of State for the Home Department
Country: United KingdomYear: 2005
Court: Court of Appeal, Civil Division
Citation: [2005] All ER (D) 283 (May); [2005] EWCA Civ 584
Health Topics: Chronic and noncommunicable diseases, Health care and health services
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to education, Right to family life
The case was brought by a Lebanese citizen who had come to the UK in order to seek asylum for herself and her two children on the basis of persecution for her religious beliefs. Her claim for asylum on this ground was rejected, but she challenged her removal on the basis that removal would result …Read more
Gbemre v. Shell Petroleum Development Company and Others
Country: NigeriaYear: 2005
Court: High Court, Benin Division
Citation: Suit No. FHC/B/CS/53/05; (2005) AHRLR 151 (NgHC 2005)
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health care and health services, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life
Applicants, residents of Iwherekan community in the Delta State of Nigeria, applied for an order enforcing their fundamental right to life and dignity of human person as provided by sections 22(1) and 34(1) of the Constitution of the Federal Republic of Nigeria, 1999 (the “Constitution”) and articles 4, 16, and 24 of the African Charter …Read more
In the matter of Article 26 of the Constitution and the Health (Amendment) (No.2) Bill 2004
Country: IrelandYear: 2005
Court: Supreme Court of Ireland
Citation: [2005] I.E.S.C. 7 (Ir.)
Health Topics: Aging, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
The Health (Amendment) (No.2) Bill of 2004 was referred to the Supreme Court for review. Primarily the Supreme Court was asked to analyse the constitutional validity of the bill. Amendment to Section 53 of the Act imposed certain charges mostly on elderly people with limited means for in-patient treatment by public health services. Further, the …Read more
Jackson Women’s Health Organisation v. Brian W. Amy (State Health Officer, Mississippi)
Country: United StatesYear: 2005
Court: United States District Court Southern District Of Mississippi Jackson Division
Citation: No CivA 3:04CV495LN, 2005 WL 1412125 (SDMiss 2005)
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health
The plaintiff- Jackson Women’s Health Organisation filed a motion challenging a provision in the Mississippi Code stating, “abortion procedures after the first-trimester shall be performed only at an ambulatory surgical facility or hospitals licensed to perform that service, and for related purposes. The plaintiff alleged that this provision had effectively banned it from performing abortions …Read more
K.L. v. Peru
Country: PeruYear: 2005
Court: Human Rights Committee
Citation: CCPR/C/85/D/1153/2003, Communication No. 1153/2003
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Right to health, Right to life, Right to privacy
K.L was a 17 year old pregnant woman who was denied an abortion despite complications in her pregnancy. The foetus was anencephalic. Peruvian abortion laws allowed abortions in case there was a danger to the life or health of the mother. Anencephalic condition posed a life-threatening risk to K.L. The baby died after four days …Read more
Kachingwe v. Minister of Home Affairs N.O.
Country: ZimbabweYear: 2005
Court: Supreme Court
Citation: Report No. SC 145/04
Health Topics: Diet and nutrition, Health care and health services, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
This was a civil appeal regarding the conditions in Zimbabwe’s police holding cells. The first and second Applicants, Kachingwe and Chibebe, were arrested by the police, with Zimbabwe Lawyers for Human Rights serving as the third Applicant. The first Applicant was detained in a police cell overnight. The second Applicant was detained for two days. …Read more