39 judgments found.

R (on the application of Heather) v. Leonard Cheshire Foundation

Country: United Kingdom
Year: 2002
Court: Court of Appeal, Civil Division
Citation: [2002] 2 All ER 936; [2002] EWCA Civ 366
Health Topics: Aging
Human Rights: Right to housing
Facts:

Elizabeth Heather and Hilary Collins are patients at a home called Le Court, which is owned and run by Leonard Cheshire Foundation (hereinafter referred to as “LCF”). The majority of patients at Le Court came from local authorities’ social services departments. Trustees of LCF decided to cease to operate Le Court in its present form …Read more

Tags: Aged persons, Elderly, Home care, Long-term care, Nursing home, Older persons, Senior citizens
Download Judgment: English

Yakye Axa Indigenous Community of the Enxet-Lengua People v. Paraguay

Country: Paraguay
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Yakye Axa Indigenous Cmty. of the Enxet-Lengua People v. Para., Case 12.313, Inter-Am. Comm’n H.R., Report No. 2/02, OEA/Ser.L./V/II.117, doc. 1 rev. 1 (2003).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to property
Facts:

This case was heard by the Inter-American Court of Human Rights. Their opinion is available here. Leaders of the Yakye Axa indigenous community of the Enxet-Lengua people filed suit against the Republic of Paraguay claiming that the Paraguayan State violated Articles 4 (right to life) and 25 (judicial protection), in conjunction with Article 1(1) (obligation …Read more

Tags: Access to health care, Access to treatment, Aged persons, Child development, Children, Clean water, Diet, Drinking water, Elderly, Food shortages, Hunger, Indigenous groups, Indigenous medicine, Indigent, Low income, Malnutrition, Minor, Older persons, Pediatric health, Poor, Potable water, Primary care, Safe drinking water, Senior citizens, Starvation, Stunting, Underprivileged
Download Judgment: English

Frank Cowl and Ors. v. Plymouth City Council

Country: United Kingdom
Year: 2001
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2001] EWCA Civ 1935
Health Topics: Aging
Human Rights: Right to due process/fair trial, Right to family life, Right to housing, Right to privacy
Facts:

Residents of a residential elderly care facility sought judicial review of a decision to close the facility. Plymouth City Council (“Plymouth”), the owner and operator of several residential elderly care facilities, decided to close two of its facilities, including Granby Way, the home of the eight claimants. The claimants sought judicial review of Plymouth’s decision. …Read more

Tags: Aged persons, Elderly, Forced displacement, Long-term care, Nursing home, Older persons, Senior citizens
Download Judgment: English

Causey v. St. Francis Medical Center

Country: United States
Year: 1998
Court: Court of Appeal of Louisiana
Citation: Causey v. St. Francis Medical Center 719 So. 2d 1072 (La. Ct. App. 1998)
Health Topics: Aging, Informed consent, Medical malpractice
Facts:

Plaintiffs, the Causey family, brought this petition for damages against defendants, St. Francis Medical Center (SFMC) and Dr. Harter, for administering treatment to decedent, Sonya Causey, without consent which they argued as an intentional tort outside of the scope of Louisiana’s Medical Malpractice Act. Claims that fell within the Medical Malpractice Act must be submitted …Read more

Tags: Aged persons, Damages, Elderly, Inappropriate treatment, Long-term care, Standard of care, Tort, Unauthorized treatment
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Lawson v. Housing New Zealand

Country: New Zealand
Year: 1996
Court: High Court
Citation: M.538/94
Health Topics: Aging
Human Rights: Right to health, Right to housing, Right to social security
Facts:

From 1990 onwards, the government implemented a policy whereby houses formerly owned by the state were transferred to Housing New Zealand (HNZ) (the first defendant), a corporate body with strong parallels to a state-owned enterprise, and their rents were progressively increased from their former subsidised level towards market rents. The plaintiff, a tenant of HNZ, …Read more

Tags: Aged persons, Elderly, Older persons, Senior citizens
Download Judgment: English

R v. Wandsworth London Borough Council, ex parte Beckwith

Country: United Kingdom
Year: 1996
Court: House of Lords
Citation: [1996] 1 ALL ER 129
Health Topics: Aging, Health systems and financing
Human Rights: Right to housing, Right to social security
Facts:

Mr. Beckwith was a 75 year old resident of the George Potter Home, which was one of the four residential care homes for the elderly in the London Borough of Wandsworth. The borough’s council (the Council) had decided to transfer the other three homes into private ownership and to close down George Potter Home altogether. …Read more

Tags: Aged persons, Elderly, Health regulation, Older persons, Senior citizens
Download Judgment: English

Askan Das Batra v. Attorney General

Country: Zambia
Year: 1993
Court: Supreme Court
Citation: (1993-1994) Z.R. 41 (S.C.)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

The Appellant was employed by the Zambian Government as an accountant with the Ministry of Legal Affairs.  Upon recommendation for further evaluation of his medical condition he travelled to the United Kingdom where he underwent elective heart surgery.  He then claimed reimbursement of his medical expenses from his employer under the Conditions of Service for …Read more

Tags: Access to health care, Access to treatment, Aged persons, Elderly, Employment, Health funding, Health insurance, Heart disease, Noncommunicable diseases, Older persons, Out-of-pocket expenditures, Reimbursement, Secondary care, Senior citizens, Social security, Subsidies
Download Judgment: English

Case 62/1993

Country: Hungary
Year: 1993
Court: Constitutional Court
Health Topics: Aging, Health systems and financing
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Freedom of religion, Right to health, Right to social security
Facts:

The petitioners challenged the constitutionality of a law (Act XII of 1991 on Revision of Certain Pensions and Terminating Certain Pension Supplements (the “Act”)) that annulled the distribution of pension supplements which were given to individuals based on certain honors or honorary titles associated with achievements in science, sport or art, or service in specific …Read more

Tags: Aged persons, Budget, Elderly, Older persons, Senior citizens, Social security
Download Judgment: English

Schweiker v. Hogan

Country: United States
Year: 1982
Court: Supreme Court
Citation: 457 U.S. 569 (1982)
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from discrimination, Right to social security
Facts:

The Respondents brought this suit challenging the constitutional validity of § 1903(f) of the Social Security Act (the Act); they claimed it violated the equal protection component of the Fifth Amendment. Under the Medicaid program, States were required to provide Medicaid coverage to certain individuals described as the “categorically needy” and, at their discretion, could …Read more

Tags: Access to treatment, Aged persons, Blind, Budget, Disabled, Elderly, Handicapped, Health expenditures, Health funding, Health spending, Indigent, Low income, Older persons, Physically challenged, Poor, Secondary care, Senior citizens, Subsidies, Tertiary care
Download Judgment: English