Case 7026/2010
Country: SpainYear: 2010
Court: Supreme Court
Citation: STS 7026/2010
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Informed consent, Medical malpractice, Sexual and reproductive health
The petitioner’s childbirth resulted in a child with disability. The petitioner had diabetes, a history of intravenous drug use, hepatitis B and C, and an obstetric history that included two abortions and two previous eutocic (vaginal) deliveries. When in the 35th week of her pregnancy, the petitioner went into preterm labor. The next day the …Read more
Hajol v. Poland
Country: PolandYear: 2010
Court: European Court of Human Rights
Citation: Hajol v. Poland, Application No. 1127/06, Eur. Ct. H.R. (2010).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
The applicant, Pawel Hajol, had been suffering from several illnesses including diabetes, arterial hypertension, and cirrhosis of the liver when he was arrested in 2004 for attempting to influence a trial during the exercise of his function as a prosecutor. The District Court of Krakow placed the applicant in provisional detention while authorities gathered evidence. …Read more
Toussaint v. Canada (Attorney General)
Country: CanadaYear: 2010
Court: Federal Court
Citation: (2010) FC 810
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines, Poverty
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to health, Right to life
The applicant challenged the decision of the Citizenship and Immigration Canada’s (‘CIC’) to deny her coverage under the Interim Federal Health Program (‘IFHP’) for her medical care, hospitalization, and related expenses. At the time the applicant began seeking medical services, she was illegally in Canada; her temporary resident visa had expired, and she had not …Read more
Paladi v. Moldova
Country: MoldovaYear: 2009
Court: European Court of Human Rights
Citation: Application No. 39806/05; (2008) 47 EHRR 15
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Hospitals, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
The applicant, a Moldovan national, complained that the Republic of Moldova violated his rights under Articles 3, 5, and 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) by detaining him without a lawful basis and failing to provide proper medical care. Detention: The applicant was a deputy mayor …Read more
Reynoso, Nilda Noemí v. I.N.S.S.J.P.
Country: ArgentinaYear: 2006
Court: Supreme Court of Justice [Corte Suprema de la Nación Argentina]
Citation: R. 638. XL
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Mental health, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
The Petitioner, an elderly woman with diabetes, filed an action of amparo against the I.N.S.S.J.P, a public entity devoted to the provision of public health insurance to retired people. She requested the judiciary to order the Respondent to provide her 100U of human insulin, reactive tape and disposable syringes, as well as the medicine “Ampliactil” …Read more
Pelman ex rel. Pelman v. McDonald’s Corp
Country: United StatesYear: 2005
Court: United States Court of Appeals, Second Circuit
Citation: Pelman ex rel. Pelman v. McDonald’s Corp 396 F.3d 508 (2d Cir. 2005)
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health information
Human Rights: Right to health
Plaintiffs, Ashley Pelman and Jazlen Bradley, brought suit against defendant, McDonald’s Corporation, for violating Section 349 and 350 of the New York General Business Law, known commonly as the New York Protection Act between 1987 and 2002 on three counts. Count I claimed that the effect of McDonald’s promotions was to create the false impression …Read more
South Bucks District Council and Anr. v. Porter (FC)
Country: United KingdomYear: 2004
Court: House of Lords
Citation: [2004] UKHL 33
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services
Human Rights: Right to housing
Mrs. Porter, a 62 year old Romany gypsy, lived in a mobile home on a plot of land that she purchased in 1985. Her occupation of the site was unauthorized from the beginning. The home provided the appearance of a “permanent dwelling” but was in violation of the local Council’s planning control that did not …Read more
Calvelli and Ciglio v. Italy
Country: ItalyYear: 2002
Court: European Court of Human Rights
Citation: Application No. 32967/96; [2002] ECHR 3
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to life
Calvelli and Ciglio’s baby was transferred to an intensive care unit immediately after its birth, and died two days later of post-asphyxia syndrome. EC, the doctor who had delivered the baby and was a joint owner of the clinic, was found guilty of involuntary manslaughter and received a one year suspended prison sentence under the …Read more
Soobramoney v. Minister of Health
Country: South AfricaYear: 1997
Court: Constitutional Court
Citation: [1997] ZACC 17; 1998 (1) SA 765 (CC); 1997 (12) BCLR 1696
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
The appellant was a 41-year old, unemployed, diabetic man who suffered from ischaemic heart disease, cerebro-vascular disease, and renal failure. His condition was chronic and irreversible. In order to continue address this condition and prolong his life, he required regular renal dialysis treatment. The appellant had made all efforts to continue treatment privately, but was …Read more
Margareta and Roger Anderson v. Sweden
Country: SwedenYear: 1991
Court: The European Court of Human Rights
Citation: Case No. 61/1990/252/323
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Hospitals, Mental health
Human Rights: Right to family life, Right to privacy
Roger Anderson (son of Margareta) was taken into public care on a provisional basis. When he started school, it was found that he lacked social skills and maturity. Margareta rejected suggestions made by the Social welfare authorities. Roger stopped attending school in December 1984. Margareta and Roger moved to an address unknown to the authorities …Read more