Yemshaw v. London Borough of Houslow
Country: United KingdomYear: 2009
Court: The Supreme Court of the United Kingdom
Citation: [2009] EWCA Civ 1543
Health Topics: Child and adolescent health, Mental health, Violence
Human Rights: Right to bodily integrity, Right to housing
The appellant approached the housing authority for help in finding alternate accommodation for her. Under Section 177(1) of the Homelessness Act (2002), it was not reasonable for a person to remain in their house if there was a possibility of domestic or other violence. The appellant’s husband was mistreating her, verbally abusing her and would …Read more
Case 1160
Country: BulgariaYear: 2008
Court: Supreme Court of Cassation
Citation: SCC. Decision No. 1160, dated December 16th, 2008 of the Supreme Court of Cassation on civil case No. 3373/2007, 3d Civil Division, Civil College
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice
The appellants sued the defendant hospital for their son’s death; they alleged that their son died three months after his birth due to the hospital’s wrongful acts and omissions in the administration of his treatment. The Appellate Court found that medical malpractice had not been established; the child’s death was neither due to medical malpractice …Read more
Case 649
Country: RomaniaYear: 2008
Court: National Council for Combating Discrimination
Citation: Decision No. 649 of 4 December 2008
Health Topics: Child and adolescent health, Health care and health services, Hospitals
Human Rights: Freedom from discrimination, Right to health
The petitioner claimed that the defendant hospital’s practice of only admitting mothers with sick children was discriminatory. In particular, the petitioners pointed to the defendant hospital’s notice board which read: “children up to 3 years of age are admitted along with their mothers”, and “Mother – not relatives”. However, the defendant hospital argued that this …Read more
Hadijatou Mani Koraou v.The Republic of Niger
Country: NigerYear: 2008
Court: Community Court of Justice of the Economic Community of West African States
Citation: Hadijatou Mani Koraou v. The Republic of Niger, (2008) AHRLR 182, ECOWAS.
Health Topics: Child and adolescent health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
In 1996, the plaintiff, Mrs. Hadijatou Mani Koraou, was sold at the age of 12 to 46-year-old Mr. El Hadj Souleymane Naroua, for the sum of two hundred and forty-thousand francs. This transaction occurred as a “Wahiya,” a common practice in the Republic of Niger, which consists in acquiring a young girl, generally of servile status, to serve as both …Read more
K.U. v. Finland
Country: FinlandYear: 2008
Court: European Court of Human Rights
Citation: K.U. v. Fin., App. No. 2872/02, 48 Eur. H.R. Rep. 52 (2009).
Health Topics: Child and adolescent health, Mental health, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to family life
An unknown person placed an advertisement of a sexual nature on a dating website in the name of the applicant, who was 12 years old at the time, without his knowledge, mentioning private information such as his age, year of birth, physical characteristics and his telephone number, which was accurate except for one digit. In …Read more
Mental Disability Advocacy Center (MDAC) v. Bulgaria
Country: BulgariaYear: 2008
Court: European Committee of Social Rights
Citation: Complaint No. 41/2007
Health Topics: Child and adolescent health, Mental health
Human Rights: Freedom from discrimination
The Mental Disability Advocacy Center (‘MDAC’) alleged that Bulgaria was violating Article 17(2) (right to free education for children) alone and in conjunction with Article E (non-discrimination) of the Revised European Social Charter (the ‘Charter’) because Bulgaria was not educating children with moderate to profound intellectual disabilities living in homes for mentally disabled children (‘HMDCs’). MDAC claimed that until 2002, children with moderate to …Read more
Paola Del Rosario Guzman Albarracin and Next of Kin v. Ecuador
Country: EcuadorYear: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 76/08, Petition 1055-06, October 17, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Health care and health services, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
The Centro de Derechos Reproductivos (Center for Reproductive Rights) and the Centro Ecuatoriano para la Promoción y Acción de la Mujer (Center for the Advancement and Action of Women) (CEPAM-Guayaquil) alleged that the assistant principal at the public school where Paola del Rosario Guzmán Albarracín, age 16, was a student, took advantage of his position …Read more
Paxton v. Ramji
Country: CanadaYear: 2008
Court: Ontario Court of Appeal
Citation: 2008 ONCA 697, 92 OR (3d) 401
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
This appeal concerns whether a doctor owes a tort law duty of care to a future child subsequently born of the doctor’s patient. Dr. Ramji prescribed Accutane to Dawn Paxton, mother of the plaintiff, Jamie Paxton, on the understanding that Dawn would not become pregnant while taking the drug. Due to her husband’s failed vasectomy, …Read more
Pediatric Clinic of Los Lagos v. Brazil
Country: BrazilYear: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 70/08, Petition 12.242, October 16, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Hospitals, Infectious diseases, Medical malpractice, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to life
Ten children died as a result of the presumed medical negligence of the personnel at the Clínica Pediátrica da Região dos Lagos. The hospital received funds from the state via the public system of health of Brazil called Sistema Unico de Salud. The majority of children treated at the hospital were from families with “reduced …Read more
Advocate Sapana Pradhan Malla v. Prime Minister
Country: NepalYear: 2007
Court: Supreme Court
Citation: Writ No. 3561 of the year 2063 B. S (2006)
Health Topics: Child and adolescent health, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to due process/fair trial, Right to education, Right to health, Right to life, Right to privacy, Right to property, Right to work
The Forum for Women, Law and Development, the Petitioner, was an organization working with vulnerable communities such as women, children and people living with HIV/AIDS (PLHIVA). Although the right to privacy was guaranteed under Article 28 of the Interim Constitution, 2007, there were no legal provisions safeguarding the privacy of women, children, or PLHIVA (the …Read more