Öneryildiz v. Turkey
Country: TurkeyYear: 2004
Court: European Court of Human Rights
Citation: Application No. 48939/99; (2005) 41 EHRR 20; [2004] ECHR 657; 18 BHRC 145, (2005); [2004] Inquest LR 108
Health Topics: Disasters and emergencies, Environmental health, Health information, Poverty, Water, sanitation and hygiene
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life, Right to housing, Right to life
A household-rubbish tip, or dump, was created in the Ümraniye district of Istanbul. Illegal dwellings were constructed around the rubbish tip. A report found that the rubbish tip posed health risks and the possibility of explosion. In April 1993 there was a methane explosion which triggered a landslide. Nine of the applicants’ family members were …Read more
Santosh Mittal v. State of Rajasthan
Country: IndiaYear: 2004
Court: High Court - Rajasthan
Citation: RLW 2005 (1) Raj 486; 2005 (1) WLC 52
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Environmental health, Health information, Public safety, Water, sanitation and hygiene
Human Rights: Freedom of expression, Right of access to information, Right to life, Right to water and sanitation
The case concerned a claim that the sale of PepsiCo and Coca-Cola carbonated beverages should be banned on the account that they are contaminated with pesticide residue and suspended impurities and are therefore harmful to human life. The petitioners relied on the report published by the Centre for Science and Environment (“CSE”), which conducted an …Read more
Suo Moto v. State of Rajasthan
Country: IndiaYear: 2004
Court: High Court - Rajasthan
Citation: AIR 2005 Raj 82; RLW 2005 (2) Raj 1437
Health Topics: Environmental health, Health information, Health systems and financing, Infectious diseases, Poverty, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to life, Right to water and sanitation
The case was regarding multiple suo moto orders issued by the Rajasthan High Court to the municipal authorities of the city of Jaipur to clean-up, restore and maintain the city which was plagued with trash, open sewage and polluted water bodies. Specific orders were issued to remove and dispose of the plastic and polyethylene bags …Read more
Case 22/2003 (IV.28)
Country: HungaryYear: 2003
Court: Constitutional Court
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life
The Court of Hungary received several petitions regarding the right of patients suffering from terminal illnesses to end their lives with dignity and consolidated the petitions into a single judgment. One petition asked the Court to declare unconstitutional and annul the last sentence in Section 43, paragraph (2) of Act II of 1972 on Healthcare. …Read more
Centre For Enquiry Into Health And Allied Themes (CEHAT) v. Union Of India & Others
Country: IndiaYear: 2003
Court: Supreme Court
Citation: Writ Petition (Civil) No. 301 of 2000
Health Topics: Health care and health services, Health information, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination
In 1996, the government of India had passed the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1995 (the “PNDT Act”) which was aimed at preventing the misuse of sex determination technology to abort girl children before birth. Female feticide had become an increasingly frequent practice in India despite the implementations of reforms that attempted …Read more
Liga de Amas de Casa, Consumidores y Usuarios de la República Argentina et al. v. GCBA
Country: ArgentinaYear: 2003
Court: Superior Court of Justice of the Autonomous City of Buenos Aires [Tribunal Superior de Justicia de la Ciudad Autónoma de Buenos Aires]
Citation: Expte. nº 480/00
Health Topics: Child and adolescent health, Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Right of access to information, Right to family life, Right to life
The League of Housewives, Consumers and Users of Argentina [Liga de Amas de Casa, Consumidores y Usuarios de la República Argentina] requested that judiciary declare that articles 5 and 7 of Act 418 and its amendment 439 of the City of Buenos Aires were contrary to the National Constitution. The Plaintiff alleged that under the …Read more
H v. Associated Newspapers and Anr.
Country: United KingdomYear: 2002
Court: Court of Appeal, Civil Division
Citation: [2002] EWCA Civ 195
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom of expression, Right of access to information, Right to privacy
H was diagnosed as HIV positive whilst working as a care worker for the second respondent, N, the responsible health authority. Upon being diagnosed, H ceased to carry on practice as a healthcare worker and notified N of the reason for this. Under the Department of Health Guidelines (the ”guidelines”) patients who had undergone medical …Read more
Joy Mining Machinery v. NUMSA
Country: South AfricaYear: 2002
Court: Labour Court of South Africa
Citation: Case No: J 158/02; [2002] ZALC 7
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Informed consent, Occupational health
Human Rights: Freedom from discrimination
The Applicant, Joy Mining Machinery, was a manufacturer, supplier and service provider of mining machinery. The Applicant had attempted to determine the extent of HIV prevalence at its workplace by commissioning a study of HIV prevalence based on the demographic groups at the workplace. As this was ultimately unhelpful, the Applicant wished to determine the …Read more
Saroj Iyer and Anr. v. Maharashtra Medical Council of Indian Medicine
Country: IndiaYear: 2002
Court: High Court - Bombay
Citation: AIR 2002 Bom 97; 2002 (3) BomCR 416; (2002) 1 BOMLR 504
Health Topics: Health information
Human Rights: Freedom of expression, Right of access to information
This judgment is a joint judgment of two separate but nearly identical writ petitions. The first petitioner sought to attend an enquiry by the Maharashtra Medical Council, the first respondent, investigating a malpractice complaint against a former doctor, Dr. P. B. Desai, who was a nationally known figure. The first respondent denied the first petitioner …Read more
Case 00-14564
Country: FranceYear: 2001
Court: Cour de cassation [Court of Cassation]
Citation: Cass. civ I, n°00-14564, 9 October 2001
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to health
A doctor, Y, was treating Mrs. X during her pregnancy. Y suspected a breech presentation (buttocks- or feet-first presentation rather than the normal head-first presentation) during the 8th month of pregnancy. The mother wanted a home birth. On 12 January, the child was born in a home birth and as a result of inadequate medical …Read more