38 judgments found.

Case 256001

Country: France
Year: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°256001, 12 January 2005
Health Topics: Health care and health services, Health systems and financing, Medical malpractice
Facts:

This case concerned violations of the physicians’ professional Code of Conduct and a disregard for the general nomenclature of professional acts in medicine by Mr. Gilbert X. Mr. X was sanctioned by the Social Security Section of the National Council of the College of Physicians to a four months prohibition of the right to dispense …Read more

Tags: Counseling, Diagnostics, Duty of care, Health care professionals, Health care workers, Health regulation, Negligence, Remedies, Social security, Standard of care
Download Judgment: English French

Case 94-19685

Country: France
Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass Civ I, n°94-19685, 25 February 1997
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information
Facts:

After a colonoscopy, a patient suffered from  intestinal perforation. The patient sued the doctor for not having provided information on the possible risks of the surgery to him prior to the surgery. The Court of Appeal held that the patient had the burden to prove that the doctor had breached his duty to inform, and …Read more

Tags: Awareness, Compensation, Counseling, Damages, Diagnostics, Duty of care, Freedom of information, Informed choice, Notification, Patient choice, Secrecy, Standard of care
Download Judgment: English French

Enhorn v. Sweden

Country: Sweden
Year: 2005
Court: European Court of Human Rights
Citation: [2005] E.C.H.R. 56529/00
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Mental health, Public safety, Sexual and reproductive health
Human Rights: Right to liberty and security of person
Facts:

The Applicant was an HIV-positive man who had sex with men. He had transmitted HIV to another, younger man through a sexual encounter prior to his diagnosis. He was subsequently instructed by the county medical officer, among other things, not to have sexual intercourse without first disclosing to his partner that he was HIV-positive, to …Read more

Tags: Addiction, AIDS, Alcohol, Children, Clinics, Compulsory commitment, Compulsory confinement, Condoms, Counseling, Disclosure, Gay, HIV, HIV positive, Homosexual, Involuntary commitment, Involuntary confinement, Isolation, LGBTI, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Paranoia, People living with HIV/AIDS, PLHIV, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Substance abuse, Transmission
Download Judgment: English French

Jackson Women’s Health Organisation v. Brian W. Amy (State Health Officer, Mississippi)

Country: United States
Year: 2005
Court: United States District Court Southern District Of Mississippi Jackson Division
Citation: No CivA 3:04CV495LN, 2005 WL 1412125 (SDMiss 2005)
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health
Facts:

The plaintiff- Jackson Women’s Health Organisation filed a motion challenging a provision in the Mississippi Code stating, “abortion procedures after the first-trimester shall be performed only at an ambulatory surgical facility or hospitals licensed to perform that service, and for related purposes. The plaintiff alleged that this provision had effectively banned it from performing abortions …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Clinics, Counseling, Health care technology, Health facilities, Late-term abortion, Maternal health, Private hospitals, Public hospitals
Download Judgment: English

K.L. v. Peru

Country: Peru
Year: 2005
Court: Human Rights Committee
Citation: CCPR/C/85/D/1153/2003, Communication No. 1153/2003
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Right to health, Right to life, Right to privacy
Facts:

K.L was a 17 year old pregnant woman who was denied an abortion despite complications in her pregnancy. The foetus was anencephalic. Peruvian abortion laws allowed abortions in case there was a danger to the life or health of the mother. Anencephalic condition posed a life-threatening risk to K.L. The baby died after four days …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Childbirth, Children, Clinics, Counseling, Depression, Health facilities, Infant health, Infant mortality, Maternal health, Maternal mortality, Minor, Pediatric health, Pregnancy, Primary care, Private hospitals, Public hospitals, Termination of pregnancy, Therapeutic abortion, Trauma
Download Judgment: English

Irvin and Johnson Ltd. v. Trawler and Line Fishing Union, et al.

Country: South Africa
Year: 2003
Court: Labour Court of South Africa
Citation: (4) BLLR 379 (SALC)
Health Topics: Health care and health services, Health information, HIV/AIDS, Informed consent, Occupational health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Applicant, Irvin and Johnson Limited, wished to arrange for the voluntary and anonymous HIV testing of the more than 1,100 employees in its trawling division. The testing was to be based on the principle of informed consent and accompanied by pre- and post-test counselling. However, the age and job category of the tested employee …Read more

Tags: AIDS, Compulsory testing, Confidentiality, Counseling, Health education, Health promotion, HIV, HIV status, Informed choice, Involuntary testing, Mandatory testing, Most-at-risk, Non-consensual testing and treatment, People living with HIV/AIDS, PLHIV, Testing
Download Judgment: English

Van Kück v. Germany

Country: Germany
Year: 2003
Court: European Court of Human Rights
Citation: Application No. 35968/97; (2003) 37 EHRR 51
Health Topics: Health care and health services, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The applicant was registered as a male at birth. In 1991, The District Court granted the applicant’s request to change her forenames to Carola Brenda after hearing from several psychiatric and psychological experts who determined that the applicant was a male-to-female transsexual and had been for the last three years living as a female. In …Read more

Tags: Access to treatment, Counseling, Gender identity, Gender identity disorder, Gender reassignment, Health insurance, Hormone therapy, Infertility, LGBTI, Mental disorder, Mental illness, Out-of-pocket expenditures, Psychology, Reimbursement, Sex reassignment, Transgender, Transsexual
Download Judgment: English French

Joy Mining Machinery v. NUMSA

Country: South Africa
Year: 2002
Court: Labour Court of South Africa
Citation: Case No: J 158/02; [2002] ZALC 7
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Informed consent, Occupational health
Human Rights: Freedom from discrimination
Facts:

The Applicant, Joy Mining Machinery, was a manufacturer, supplier and service provider of mining machinery. The Applicant had attempted to determine the extent of HIV prevalence at its workplace by commissioning a study of HIV prevalence based on the demographic groups at the workplace. As this was ultimately unhelpful, the Applicant wished to determine the …Read more

Tags: AIDS, Awareness, Clinics, Confidentiality, Counseling, Health care workers, Health education, HIV, HIV status, Informed choice, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing
Download Judgment: English

Case 2001-446 DC

Country: France
Year: 2001
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2001-446 DC, 27 June 2001
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

Before the promulgation of the Voluntary Interruption of Pregnancy Act, 78 senators made a referral to the French constitutional court challenging the constitutionality of the new bill according to article 61 of the French Constitution. The Act had three components. It extended to 12 weeks the period of time a woman could have an abortion …Read more

Tags: Abortion, Abortion counseling, Access to health care, Children, Counseling, Criminalization, Forced abortion, Freedom of information, Health facilities, Infant mortality, Informed choice, Minor, Patient choice, Pregnancy, Therapeutic abortion, Unsafe abortion
Download Judgment: English French

Treatment Action Campaign v. Minister of Health (No. 1)

Country: South Africa
Year: 2001
Court: High Court - Transvaal Provincial Division
Citation: 2002(4) BCLR 356 (T)
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

Applicants sought an order that the respondents (the Minister of Health and the members of the executive council for health) make Nevirapine available to pregnant women with HIV who give birth in public health institutions and “produce and implement an effective national program to prevent or reduce mother to child transmission (MTCT) of HIV, including …Read more

Tags: Access to medicines, Access to treatment, Antiretrovirals, ARVs, Child development, Child mortality, Children, Counseling, HIV positive, Infant health, Infant mortality, Maternal health, Minor, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing
Download Judgment: English