Pellett (Re)
Country: CanadaYear: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 753
Health Topics: Controlled substances, Health care and health services, Informed consent, Medicines, Mental health
Human Rights: Freedom of movement and residence, Right to liberty and security of person
The appellant was a 62 year old female diagnosed with schizophrenia. She had a long-standing history of hospitalization, treatment, release, de-compensation, relapse, and re-admission. When psychotic, the appellant had a history of troubling behaviour, including attempts to divert traffic, throwing objects out of a window, crashing her car and smashing other cars with brooms. The …Read more
Mambu v The Democratic Republic of the Congo
Country: Congo, DRCYear: 2016
Court: United Nations Human Rights Committee
Citation: Communication No. 2465/2014; UN Doc. CCPR/C/118/D/2465/2014
Health Topics: Health care and health services, Hospitals, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to participation
Eugène Diomi Ndongala Nzo Mambu was a national of the Democratic Republic of the Congo and president of the opposition political party in the State, challenging the legitimacy of an election. He alleged that he was abducted in 2012 and held incommunicado for three months and 13 days while being interrogated about his ties with …Read more
Defensoría Pública Oficial v. Provincia de Córdoba et al.
Country: ArgentinaYear: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: FCB 017844/2014/CS1
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Province of Córdoba and the State with Federal court and another guarantee of protection of individual constitutional rights (amparo protection) against the Province of Córdoba with Local Court so that respondents provide comprehensive coverage to the affiliates of the Federal Program …Read more
Federation of Women Lawyers (FIDA-Kenya) & 3 Ors. v. Attorney General & 2 Ors.
Country: KenyaYear: 2015
Court: High Court at Nairobi
Citation: Petition No. 266 of 2015
Health Topics: Health care and health services, Medicines, Sexual and reproductive health
The Director of Medical Services issued a letter on December 3, 2013 and a memo on February 24, 2014 to “All Health Workers” that directed them not to participate in training on safe abortion practice and threatened legal action for non-compliance. The Federation of Women Lawyers filed suit, stating that the letter and memo had …Read more
P., A. v. Comisión Nacional Asesora para la Integración de las Personas Discapacitadas
Country: ArgentinaYear: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 289. L RHE
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals, Mental health
Human Rights: Right to health, Right to life, Right to social security
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Commission for the Integration of Disabled People [Comisión Nacional Asesora para la Integración de las Personas Discapacitadas] for them to provide the comprehensive coverage of the medical services the plaintiff needed due to her disability. The National Commission argued that …Read more
Planned Parenthood of the Heartland, et al. v. Iowa Board of Medicine
Country: United StatesYear: 2015
Court: Iowa Supreme Court
Citation: 865 N.W.2d 252 (Iowa 2015)
Health Topics: Health care and health services, Medicines, Sexual and reproductive health
Human Rights: Right to privacy
This case challenged rules adopted by the Iowa Board of Medicine (“Board”) regarding medicated abortions provided via telemedicine. Starting in 2008, doctors in Iowa at Planned Parenthood began performing abortions via telemedicine. The abortions were performed using mifepristone, a drug that that can be taken orally that terminates a pregnancy, and misoprostol, another oral drug …Read more
Amit Ahuja v. Union of India
Country: IndiaYear: 2014
Court: High Court of Delhi
Citation: W.P.(C) 1507/2014 & CM APPL. 3144/2014
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health
The petitioner was a patient suffering from haemophilia and was receiving treatment at a government hospital. However, after he did not respond to initial treatment, the doctors discharged him, stating that they could no longer afford to administer the advanced palliative treatment (Activated Recombinant Factor VIIa) to him. This treatment would have cost 1,40,000 rupees …Read more
Bayer Corporation v. Union of India, et al.
Country: IndiaYear: 2014
Court: High Court of Bombay
Citation: Writ Petition No. 1323 of 2013
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to health
Bayer Corporation (Bayer) challenged the order(s) of 2012 and 2013 passed by the relevant statutory authority, the Controller of Patents (the Controller), granting a Compulsory License to Natco Pharmaceuticals Limited (Natco) of the drug Nexavar. Bayer developed the drug to treat patients suffering from kidney cancer. In 2008, the Controller granted a patent to Bayer …Read more
Case of Angel Alberto Duque (Report on the merits)
Country: ColombiaYear: 2014
Court: Inter-American Commission on Human Rights
Citation: Report No. 5/14
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to social security
Duque and his same-sex partner lived together as a couple for over ten years, until his partner died from AIDS. Four years prior to the death, Duque was diagnosed with HIV and was being treated under support from his partner. When his partner died, Duque asked the COLFONDOS (the pension service) to ask what requirements …Read more
Centre For Legal Resources On Behalf of Valentin Câmpeanu v. Romania
Country: RomaniaYear: 2014
Court: The European Court of Human Rights
Citation: ECHR 222 (2014)
Health Topics: Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
The application was lodged by Centre for Legal Resources (CLR) on behalf of Campeanu, who was born in 1985 and died in 2004. He was abandoned at birth and was diagnosed as being HIV positive and suffered from a mental disability. In 2003, Mr. Campeanu had to leave the centre. Two assessments of his health …Read more