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
Victoria Yisraeli v. Health Basket Committee
Country: IsraelYear: 2006
Court: Supreme Court (sitting as High Court of Justice)
Citation: HCJ 2974/06
Health Topics: Disabilities, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health
Vicki Yisraeli was gradually going deaf, and was diagnosed as having hearing at a level 15% of that of a healthy person. She sought a cochlear implant procedure to save her hearing. However, to obtain one, she was required under the Second Supplement of the National Insurance Law, 1994 (the Law) to pay a participation …Read more
Canada Human Rights Commission v. M.N.R
Country: CanadaYear: 2004
Court: Federal Court
Citation: [2004] 1 FCR 679
Health Topics: Disabilities
Human Rights: Freedom from discrimination
A university student- Mr. Wignall alleged he was a victim of discrimination based on his disability (deafness) when the Department of National Revenue included a portion of the student’s federal grant in the student’s taxable income for the year. A student who suffered from a condition of deafness was required to learn sign language interpretation, …Read more
Eldridge v. British Columbia (Attorney General)
Country: CanadaYear: 1997
Court: Supreme Court
Citation: [1997] 3 S.C.R. 624
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination
Robin Eldridge, John Warren, and Linda Warren were each born deaf. They alleged that the provincial government of British Columbia’s failure to provide funding for sign language interpreters for deaf persons when they received medical services violated the right to equality contained in s. 15(1) of the Canadian Charter of Rights and Freedoms. Medical …Read more
Department of Health & Community Services v JWB & SMB (“Marion’s Case”)
Country: AustraliaYear: 1992
Court: High Court
Citation: (1992) 175 CLR 218; [1992] HCA 15
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
“Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more