Shri Prithvi Nath Chopra v. Union of India
Country: IndiaYear: 2004
Court: High Court - Delhi
Citation: 2004 (74) DRJ 175
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
The Petitioner was a retired Under Secretary in the Central Government. He and his wife were entitled to full medical reimbursement under the Central Government Health Scheme (CGHS). In July 2001 he admitted his wife for an emergency cancer surgery to Indraprastha Apollo Hospital, which is recognized under the CGHS. An office memorandum dated 1996 …Read more
Mouisel v. France
Country: FranceYear: 2003
Court: European Court of Human Rights
Citation: App. No. 67263/01, 38 Eur. H.R. Rep. 34 (2004).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Applicant, a prisoner serving a 15-year sentence, alleged that France violated his Article 3 rights against inhuman treatment when his appeals for pardon on the grounds of suffering form a worsening state of leukemia were denied. Medical reports showed that Mouisel had leukemia and that the disease continued to worsen. However, Mouisel’s application to the …Read more
Stanfield v. The Minister of Correctional Services et al.
Country: South AfricaYear: 2003
Court: High Court - Cape of Good Hope Provincial Division
Citation: [2003] ZAWCHC 46
Health Topics: Chronic and noncommunicable diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
While serving a six-year sentence in prison, Stanfield was diagnosed with lung cancer. Prior to this diagnosis he had already suffered from advanced coronary disease. The lung cancer required treatment with chemotherapy for three consecutive days every twenty-one days over a period of at least six months. In light of his medical condition, Stanfield sought …Read more
The Social and Economic Rights Action Center, et al. v. Nigeria
Country: NigeriaYear: 2001
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 155/96 (2001).
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Environmental health, Infectious diseases, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to a clean environment, Right to food, Right to health, Right to housing, Right to life, Right to property
The applicant alleged that the military government of Nigeria (Government), in its efforts to produce oil through the State-owned Nigerian National Petroleum Company (NNPC), contaminated the environment of the Ogoni People and led to environmental degradation and health problems among that community. More specifically, the applicant claimed that the NNPC, acting within a consortium with …Read more
Prof. Nurul Islam, et al. v. Government of the People’s Republic of Bangladesh, et al.
Country: BangladeshYear: 2000
Court: Supreme Court - High Court Division
Citation: 52 DLR (2000) 413
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Health systems and financing, Tobacco
Human Rights: Right to a clean environment, Right to health, Right to life
The above judgment combined two writ petitions that both dealt with the effect of tobacco advertisements on public health. The Petitioner in Writ Petition No. 1825 of 1999 was Prof. Nurul Islam, President of ADHUNIK (Aamra Dhumpan Nibaron Kori). Section 3 of the Tamakjato Shamogri Biponon Niontroner Jonno Pronito Ain, 1988 provided that all tobacco …Read more
R v. Cambridge Health Authority, ex parte Beckwith
Country: United KingdomYear: 1995
Court: Court of Appeal, Civil Division
Citation: [1995] 2 All ER 129 (CA); [1995] EWCA Civ 49
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Informed consent, Medicines
Human Rights: Right to health, Right to life
The child “B” had a long history of unsuccessful treatments fo her cancer. In January 1995, B suffered a further relapse of acute myeloid leukaemia. Both the doctor who oversaw B’s treatment since the initial diagnosis and the doctor who performed a prior bone marrow transplant agreed that the child had approximately six to eight …Read more
Shehla Zia and Ors v. WAPDA
Country: PakistanYear: 1994
Court: High Court
Citation: PLD 1994 SC 693
Health Topics: Chronic and noncommunicable diseases, Environmental health, Public safety
Human Rights: Right to life
The Petitioners were residents in a locality in Islamabad. The Water Resources and Power Development Authority (WAPDA) was to construct an electrical grid station in that area. The Petitioners protested on the ground that the electromagnetic field created by the high voltage transmission lines would be hazardous to their health. Moreover, the designated green belt …Read more
Case 1993-017f
Country: BelgiumYear: 1993
Court: Court Constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1993-017f, 4 March 1993
Health Topics: Chronic and noncommunicable diseases, Health information, Health systems and financing, Tobacco
This case considered whether Article 7 §2 of the law dated January 24, 1977 (“Article 7 §2”) from the Belgian Federal Parliament (governing the protection of consumer health with respect to nutritional foodstuff) or Article 13 of the decree dated December 2, 1982 (“Article 13”) from the Council of the French Community (restricting certain advertising …Read more
Baricalla de Cisilotto, María del Carmen v. Estado Nacional (Ministerio de Salud y Acción Social)
Country: ArgentinaYear: 1987
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 201. XXI.
Health Topics: Health care and health services
Human Rights: Right to health, Right to life
The plaintiff, the legal representative of her underage son who suffered from cancer, filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State, the Ministry of Health and Social Action to condemn them to supply an experimental treatment that was tested in some patients, including the plaintiff’s son. The experimental drug …Read more
E.H.P. v. Canada
Country: CanadaYear: 1982
Court: United Nations Human Rights Committee
Citation: Communication No. 67/1980, U.N. Doc. CCPR/C/OP/1 at 20
Health Topics: Chronic and noncommunicable diseases, Environmental health
Human Rights: Right to a clean environment, Right to life, Right to water and sanitation
This communication was filed by the chairperson of the Port Hope Environmental Group on behalf of the residents of Port Hope, Ontario, Canada. From 1945 to 1952, Eldorado Nuclear Ltd., a federal Crown Corporation, disposed of nuclear waste in dumpsites within Port Hope, a town of 10,000 people. In 1975, large-scale pollution of residences and …Read more