Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors
Country: IndiaYear: 2010
Court: High Court - Delhi
Citation: [2010] INDLHC 2983
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Right to food, Right to health, Right to life
This case deals with two petitions, Laxmi Mandal v. Deen Dayal Hari Nagar Hospital and Jaitun v. Maternity Home, MCD, Jungpura. Shanti Devi, Laxmi Mandal’s (the Petitioner) sister, died shortly after giving birth to a premature baby. This was her sixth pregnancy. The previous pregnancy ended in miscarriage. Shanti Devi was not provided with any …Read more
Oyal v. Turkey
Country: TurkeyYear: 2010
Court: European Court of Human Rights
Citation: App. No. 4864/05, Eur. Ct. H.R. (unpublished) (2010).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice, Poverty
Human Rights: Right to due process/fair trial, Right to life
The primary applicant, the child of the second two applicants, was born prematurely and diagnosed with an “inguinal and umbilical hernia.” The child required a number of blood and plasma transfusions during the first two months of life, and the applicant parents purchased the required blood and plasma quantities from the Turkish Red Cross. Four …Read more
Payel Sarkar v. Central Board of Secondary Education and Ors
Country: IndiaYear: 2010
Court: High Court of Calcutta
Citation: AIR 2010 Calcutta 74
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Mental health
The Petitioner, a student, was not allowed to sit for the All India Senior School Certificate Examination because of frequent absences from school. The Court accepted that her poor attendance record was attributable to a “special learning disability.” A provision in the school by-laws allowed for exemptions from school attendance policies for blind, physically handicapped …Read more
STC 132/2010
Country: SpainYear: 2010
Court: Constitutional Court
Health Topics: Child and adolescent health, Disabilities, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
A citizen appeared in the court of first instance, asking for judicial authorization to commit her uncle to a psychiatric hospital due to his mental disorders and alcoholism, in accordance with the first and second paragraphs of Article 763.1 of Law 1/2000 of the civil procedure code (“Art. 763.1”). The court of first instance remanded …Read more
World Lung Foundation South Asia v. Ministry of Health and Family Welfare
Country: IndiaYear: 2010
Court: High Court of Delhi at New Delhi
Citation: W.P.(C) 7540/2010
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Tobacco
Human Rights: Right to a clean environment, Right to health
The petitioner contended that despite the Tobacco Act of 2013, which prohibits the sale of tobacco near school premises, the same was occurring. He also stated that due to the availability of tobacco products, adolescents were falling prey to the ill effects of smoking and suffered from various diseases. The petitioner stated that the tobacco …Read more
Xákmok Kásek Indigenous Community v. Paraguay
Country: ParaguayYear: 2010
Court: Inter-American Court of Human Rights
Citation: Inter-Am. Ct. H.R. (ser. C) No. 214 (Aug. 24, 2010).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Infectious diseases, Medicines, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life, Right to property
Indigenous community Xákmok Kásek brought an action against the government of Paraguay before the Inter-American Commission on Human Rights for failure to meet its international responsibility of timely granting the community members’ request in 1990 for a guarantee of their right to their ancestral lands. Because the government had failed to process their request, the …Read more
A.C. v. Manitoba
Country: CanadaYear: 2009
Court: Supreme Court
Citation: [2009] 2 R.C.S.; 2009 SCC 30
Health Topics: Child and adolescent health, Informed consent
Human Rights: Freedom of religion, Right to bodily integrity, Right to liberty and security of person
A.C., a child and a Jehovah’s Witness, suffered from Crohn’s disease. She had signed an advance medical affidavit containing her instructions not to be given blood under any circumstances. At the age of 14, she was admitted to hospital and refused to consent to the receipt of blood. The Director of Child and Family Services …Read more
Bangladesh National Women Lawyers Association (BNWLA) v. Government of Bangladesh, et al.
Country: BangladeshYear: 2009
Court: High Court
Citation: Bangl. Nat'l Women Lawyers Ass'n. v. Government of Bangl. & Ors., WP 5916 of 2008 (2008) (Bangl.).
Health Topics: Child and adolescent health, Mental health, Occupational health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
The Bangladesh National Women Lawyers Association (BNWLA) filed a writ petition against the Government, seeking urgent steps to be taken to prevent sexual harassment against women at the place of work or study. On the date the petition was filed, there existed no legislative provisions protecting women from abusive behavior by men in high-level positions …Read more
Cardona, Luisa y otros v. Summum Medicina Privada S.A.
Country: UruguayYear: 2009
Court: Fifth Civil Court of Appeals
Citation: Judgment No. 90/2009; IUE: 2-25422/2009
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services
Human Rights: Right to life, Right to social security
This case involved plaintiffs (parents of a minor) who filed a writ for protection of fundamental rights (amparo action) against a private insurance company (the defendant), claiming that their infant had a right to receive a milk substitute health supplement called Neocate, financed by the private medical insurance company. The plaintiffs waited for four months …Read more
Carlos Raul Morales Catalan v. Guatemala
Country: GuatemalaYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 120/09, Petition 270-01
Health Topics: Child and adolescent health, Health care and health services, Poverty
Human Rights: Right to due process/fair trial, Right to life
In July 1998, two sons were in a car crash from which they suffered serious injuries and needed to undergo several surgical procedures. Their father brought a case against the state of Guatemala. In March 1999, criminal and civil charges were filed against the drivers of the two vehicles under domestic Guatemalan law, leading to a …Read more