Madafferi v. Australia
Country: AustraliaYear: 2004
Court: United Nations Human Rights Committee
Citation: U.N. Doc.CCPR/C/81/D/1011/2001 (Aug. 26, 2004).
Health Topics: Child and adolescent health, Health care and health services, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to liberty and security of person, Right to privacy
The petitioner, an Italian citizen detained by Australian authorities for breach of immigration law, alleged possible violations of family rights under the International Covenant on Civil and Political Rights (ICCPR) due to his continued detention which led to his mental health deterioration. Initially, when petitioner suffered a mental health deterioration while detained, he was released …Read more
Maldonado, Sergio Adrián s/materia: previsional s/recurso de amparo
Country: ArgentinaYear: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 23/11/2004, "Maldonado, Sergio Adrián s/ materia: previsional s/ recurso de amparo," (M.3805.XXXVIII) (Arg.).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing
Human Rights: Right to bodily integrity, Right to health, Right to life
Man brought appeal for legal protection against the Superintendence for the Welfare of Federal Police of Argentina (Superintendencia de Bienestar de la Policía Federal Argentina), requesting that the court order the Superintendence to continue to provide the economic assistance needed to cover overseas treatment for his daughter, who suffered from spinal muscular atrophy (Werdning-Hoffman disease). …Read more
Re Woolley, ex parte Applicants M276
Country: AustraliaYear: 2004
Court: High Court
Citation: (2004) 225 CLR 1; (2004) 80 ALD 1; (2004) 210 ALR 369; (2004) 79 ALJR 43; (2004) 32 Fam LR 180; [2004] HCA 49
Health Topics: Child and adolescent health, Infectious diseases, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Freedom of religion, Right to liberty and security of person
The Applicants were four Afghani children who arrived in Australia with their parents as “unlawful non-citizens” (a person who is in the migration zone who is not an Australian citizen and who does not hold a valid visa) according to the Migration Act 1958 (the Act). The family was placed in immigration detention pursuant to …Read more
Ali Aqsar Bakhtiyari & Roqaiha Bakhtiyari v. Australia
Country: AustraliaYear: 2003
Court: United Nations Human Rights Committee
Citation: U.N. Doc. CCPR/C/ 79/D/1069/2002 (Nov. 6, 2003).
Health Topics: Child and adolescent health, Mental health
Human Rights: Freedom from discrimination, Right to family life, Right to liberty and security of person
The Bakhtiyaris, Afghani nationals, had illegally entered Australia and had been detained in a detention center. Two of the children were released into the hands of Adelaide caretakers where they remained. The Bakhtiyari family subsequently filed a complaint that their prolonged detention violated article 9 (1) (right to liberty and security of person) of the …Read more
Cattanach v. Melchior
Country: AustraliaYear: 2003
Court: High Court
Citation: (2003) 215 CLR 1; (2003) 199 ALR 131; (2003) 77 ALJR 1312; [2003] HCA 38
Health Topics: Child and adolescent health, Medical malpractice, Sexual and reproductive health
The respondents (plaintiffs at first instance), a married couple, decided not to have any more children. Mrs. M elected to have sterilization surgery (tubal litigation) performed by the appellant (defendant). Mrs. M told the appellant that her right fallopian tube had been removed and on examination that appeared to be correct, so appellant only performed …Read more
International Association Autism Europe v. France
Country: FranceYear: 2003
Court: The European Committee of Social Rights
Citation: Case No. 13/2002
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to education
The complainant alleged that France is failing to adhere to its obligations under the European Social Charters. They stated that children and young adults did not have adequate access to educational services. Further, it was alleged that the provisions for early intervention, teacher training, funding and accessibility of mainstream education was insufficient. It was also …Read more
K.A. v. Finland
Country: FinlandYear: 2003
Court: European Court of Human Rights
Citation: App. No. 27751/95, Eur. Ct. H.R. 27 (2003).
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Mental health, Tobacco
Human Rights: Right of access to information, Right to family life, Right to privacy
The applicant, a father of three young children, claimed a violation of his right to respect for his private and family life and home under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Convention), when Finnish authorities placed his children in public care in response to allegations of …Read more
Neira, Luis Manuel et al. v. Swiss Medical Group S.A
Country: ArgentinaYear: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 21/11/2003, "Neira, Luis Manuel y otra c. Swiss Medical Groups, S.A. s/recurso de hecho," (N.108.XXXIX) (Arg.).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
Parents brought a case against Swiss Medical Groups, S.A., on behalf of their infant child suffering from a condition which required urgent treatment. Petitioners requested extraordinary remedies from the Court, asking the Court to order Swiss Medical Groups, S.A., to provide the necessary and urgent medical treatment to their child. Petitioners claimed that by not …Read more
R v. King
Country: AustraliaYear: 2003
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 472; [2003] NSWCCA 399
Health Topics: Child and adolescent health, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity
The respondent was charged with maliciously inflicting grievous bodily harm to Kylie Flick with intent to do grievous bodily harm. Prior to the crime, the respondent and Ms. Flick engaged in a single act of consensual sexual intercourse after which Ms. Flick became pregnant. The respondent sought to persuade Ms. Flick to have an abortion, …Read more
Case of D.G. v. Ireland
Country: IrelandYear: 2002
Court: European Court of Human Rights
Citation: ECHR no. 39474/98 (16 May 2002)
Health Topics: Child and adolescent health, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to housing, Right to liberty and security of person
The applicant was a minor who alleged that his detention in a penal institution and by failing to provide him with suitable care and accommodation violated domestic Irish law and the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”). The applicant had been in the care of the Eastern Health Board …Read more