R (on the application of YA) v. Secretary of State for Health
Country: United KingdomYear: 2009
Court: Court of Appeal, Civil Division
Citation: [2009] EWCA Civ 225
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health
YA was a Palestinian diagnosed with liver problems. He had been involved with Hamas but, when asked to participate in a political assassination, fled to Egypt. In Egypt, YA’s liver problems worsened, but he could not access medical treatment because of inadequate medical facilities. Therefore, he flew to London and claimed asylum. His claim for …Read more
Richard Conrad Solorzano Contreras v. Guatemala
Country: GuatemalaYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 103/09, Petition 581-03, October 29, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Health care and health services, Hospitals, Medical malpractice, Violence
Human Rights: Right to due process/fair trial, Right to health
Richard Solórzano Contreras was stabbed in the neck near his home in Guatemala from where his brother rushed him to the state hospital. Solórzano Contreras’s father, the petitioner, alleged that at the hospital the doctor and nurses did not perform any operations to try to save his son’s life. Rather, they “merely cleaned the wound, …Read more
Right to Life New Zealand Inc. v. Abortion Supervisory Committee (Judgment on Declaratory Relief)
Country: New ZealandYear: 2009
Court: High Court
Citation: [2009] NZHC 1215
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to life
In an earlier decision – Right to Life New Zealand Inc v the Abortion Supervisory Committee [2008] NZHC 865 – the presiding judge reserved his opinion on whether he ought to order declaratory relief in favour of the applicant, Right to Life New Zealand Inc (RTL). In that case RTL successfully argued that the respondent, …Read more
Slawomir Musial v. Poland
Country: PolandYear: 2009
Court: European Court of Human Rights
Citation: Application No. 28300/06
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health
The applicant, a Polish national, alleged a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) based on inadequate medical care during his detention in various Polish detention centers, as well as the overcrowding and poor conditions in those same facilities. In April of 2005, the …Read more
Stojanovic v. Serbia
Country: SerbiaYear: 2009
Court: European Court of Human Rights
Citation: Application No. 34425/04
Health Topics: Health care and health services, Health systems and financing, Poverty, Prisons
Human Rights: Right to privacy, Right to social security
The applicant is a 53 year-old prisoner in Serbia who complains of the refusal of the State to provide free dentures and of interference with his correspondence by prison authorities. The applicant suffered from paradontosis which caused the loss of teeth. On February 13, 2004 the applicant was examined by the prison dentist and was …Read more
Sudan Human Rights Organisation, et al. v. Sudan
Country: SudanYear: 2009
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 279/03-296/05 (2009).
Health Topics: Diet and nutrition, Disasters and emergencies, Environmental health, Health care and health services, Medicines, Sexual and reproductive health, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to health, Right to housing, Right to liberty and security of person, Right to life, Right to property
The complainants, two human rights organizations based in Sudan, the United Kingdom and Canada, alleged gross and systematic violations of human rights on the part of the Republic of Sudan and Government-supported militia forces in the Darfur region against indigenous tribes, including the Fur, Marsalit and Zaghawa. The organizations alleged that since General Omar Al-Bashir …Read more
Szuluk v. The United Kingdom
Country: United KingdomYear: 2009
Court: European Court of Human Rights
Citation: Application no. 36936/05
Health Topics: Health care and health services, Health information, Prisons
Human Rights: Right to privacy
The applicant, an inmate in prison, appealed to the European Court of Human Rights because he wanted to correspond privately with an external medical specialist. In 2001, the applicant suffered a brain hemorrhage while he was on bail awaiting trial for a conspiracy to sell drugs. He underwent surgery twice before being discharged to prison. …Read more
Vinicio Poblete Vilches v. Chile
Country: ChileYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 13/09, Petition 339-02, March 19, 2009
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to life
The case concerns the death of Mr. Vinicio Antonio Poblete Vilches that took place in a public hospital in the city of Santiago. The petitioners (Mr. Vilches’ wife and sons) claimed that the physicians treating Mr. Vilches were responsible for his death. In January 2001, Mr. Vilches was brought to a public hospital in Santiago …Read more
Wong v. Commonwealth
Country: AustraliaYear: 2009
Court: High Court
Citation: (2009) 236 CLR 573; [2009] HCA 3
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to favorable working conditions, Right to health, Right to social security, Right to work
Wong and Selim were “vocationally registered general practitioner(s)” within s 3F of the Health Insurance Act 1973 (Cth) (the Act). Both were found to have engaged in “inappropriate practice” by a Professional Services Review Committee (the Committee) established under Pt VAA (ss 80-106ZR) of the Act. The effect of the Committee’s findings was to require …Read more
Yolanda v. Regional Healthcare Department of the Generalitat Valenciana
Country: SpainYear: 2009
Court: Supreme Court
Citation: STS 16-11-2009 Appeal No. 4426/2008
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to health, Right to social security
The plaintiff sued the defendant, Regional Healthcare Department of the Generalitat Valenciana (RHD) for a refund of medical expenses following its denial of fertilization treatment. The plaintiff was carrying a genetic illness multiple endocrine neoplasia type II (MEN II). She had surgery after being diagnosed with the disease. Subsequently, the plaintiff decided she wanted to …Read more