Case GKPI10-1601
Country: RussiaYear: 2011
Court: Supreme Court
Citation: Case No. ГКПИ10-1601
Health Topics: Child and adolescent health, Health information, Sexual and reproductive health
Human Rights: Right of access to information, Right to family life
N.T.V., a recipient of auxiliary reproductive technology (ART), submitted an application to declare invalid part of an order issued by the Ministry of Healthcare on February 26, 2003. The order (No. 67) approved instruction on the usage of various methods of ART. In particular, N.T.V. objected to paragraph 6, which prevents the establishment of paternity …Read more
NASA v. Nelson
Country: United StatesYear: 2011
Court: Supreme Court
Citation: 131 S.Ct. 746 (2011)
Health Topics: Controlled substances, Health information
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
This case involved a challenge to background checks for government jobs on the basis of constitutional privacy. Nelson and twenty-seven other federal contract employees, working for NASA at a government laboratory at the California Institute of Technology, claimed that two elements of a standard employment background investigation violated their constitutional rights: a questionnaire that asked …Read more
Rt 2011 s 1433
Country: NorwayYear: 2011
Court: Supreme Court
Citation: Employment and Social Welfare Department v A ( Case No. HR-2011-2072-A)
Health Topics: Health information, Medical malpractice
Human Rights: Right to privacy
A doctor was ordered to disclose the medical records of 12 patients, including the plaintiff. The doctor appealed the order to the Labor and Welfare Agency, which rejected the appeal. The plaintiff appealed the same order, but was also rejected since the order was not an “individual decision” making the plaintiff deemed to not be …Read more
Sorrell v. IMS Health
Country: United StatesYear: 2011
Court: Supreme Court
Citation: 131 S.Ct. 2653 (2011)
Health Topics: Health information, Medicines
Human Rights: Freedom of expression, Right of access to information, Right to privacy
Pharmacies, “as a matter of business routine and federal law, receive prescriber-identifying information when processing prescriptions.” This “[k]nowledge of a physician’s prescription practices—called prescriber-identifying information,’” enables marketers representing pharmaceutical drug manufacturers (Detailers) to better “ascertain which doctors are likely to be interested in a particular drug and how best to present a particular sales message.” …Read more
Baldivieso, César Alejandro s/ causa n° 4733
Country: ArgentinaYear: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 436. XL.
Health Topics: Controlled substances, Health care and health services, Health information, Hospitals
Human Rights: Right to bodily integrity, Right to life, Right to privacy
The plaintiff, Cesar Alejandro Baldivieso, felt sick and so he went to a public hospital were doctors found that he had ingested capsules containing cocaine. The doctors passed along this information to police officers working at the hospital. As a result of this disclosure, Baldivieso was prosecuted and found guilty of drug trafficking by the Federal …Read more
Seaton v. Mayberg
Country: United StatesYear: 2010
Court: 9th Circuit Court of Appeal
Citation: 610 F.3d 530 (2010)
Health Topics: Health information, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
The Appellant, Seaton, an inmate, brought suit against the director of the California Department of Mental Health, the administrator of a state hospital, and two psychologists, alleging that they violated his constitutional right to privacy when they examined and communicated their opinions about his medical records to the district attorney’s office in the period before …Read more
Biriuk v. Lithuania
Country: LithuaniaYear: 2009
Court: The European Court of Human Rights
Citation: Application No. 23373/03
The largest Lithuanian daily in an article titled “Pasvalys villages paralysed by the fear of death: residents of the remote Lithuanian area shackled by the AIDS threat” stated about Ms. Biriuk that she was notoriously promiscuous and that she had HIV. They also stated that she came to be infected with HIV by drug users. …Read more
J.S.C.H., et al. v. Mexico
Country: MexicoYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 02/09, Petitions 302-04 and 386-04, February 4, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Informed consent, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy, Right to social security, Right to work
This report addresses the admissibility of a petition that alleged Mexico failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to equal protection of the law and the right to humane treatment. J.S.C.H. and M.G.S. were discharged from the Mexican Army because of their HIV …Read more
Szuluk v. The United Kingdom
Country: United KingdomYear: 2009
Court: European Court of Human Rights
Citation: Application no. 36936/05
Health Topics: Health care and health services, Health information, Prisons
Human Rights: Right to privacy
The applicant, an inmate in prison, appealed to the European Court of Human Rights because he wanted to correspond privately with an external medical specialist. In 2001, the applicant suffered a brain hemorrhage while he was on bail awaiting trial for a conspiracy to sell drugs. He underwent surgery twice before being discharged to prison. …Read more
Armoniene v. Lithuania
Country: LithuaniaYear: 2008
Court: The European Court of Human Rights
Citation: Case Number 36919/02
Health Topics: Health information, HIV/AIDS, Hospitals
Human Rights: Right to family life, Right to privacy
The applicant died during the pendency of proceedings at the Appellate stage. Prior to his death, the largest Lithuanian daily in an article titled “Pasvalys villages paralysed by the fear of death: residents of the remote Lithuanian area shackled by the AIDS threat” stated that the applicant’s husband was a victim of AIDS and that …Read more