Adler v. Ontario
Country: CanadaYear: 1996
Court: Supreme Court
Citation: [1996] 3 R.C.S. 609
Health Topics: Disabilities
Human Rights: Freedom of religion, Right to education
The Ontario Government provides funding for both secular public and Roman Catholic separate schools in the province under the Education Act 1990 (Ont), but contributes nothing to the funding of private religious schools. Several parents who, in accordance with their religious beliefs, send their children to private religious schools sought declarations that the Government’s failure …Read more
Kerojärvi v. Finland
Country: FinlandYear: 1995
Court: European Court of Human Rights
Citation: App. No. 17506/90, 32 Eur. H.R. Rep. 8 (2001).
Health Topics: Disabilities, Health systems and financing, Occupational health
Human Rights: Right of access to information, Right to due process/fair trial
The applicant was a Finnish national who had retired from the military after receiving a shrapnel wound in his back during his service in the wars between Finland and the Soviet Union. Although the State Office for Accident Compensation (Compensation Office) acknowledged that the shrapnel wound was a “military injury” for purposes of compensation under …Read more
Canada (Attorney General) v. Thwaites
Country: CanadaYear: 1994
Court: Federal Court - Trial Division
Citation: [1994] 3 F.C. 38
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Medicines, Occupational health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to work
Simon Thwaites filed a complaint against the Canadian Armed Forces (CAF), alleging that it discriminated against him under the Canadian Human Rights Act (CHRA) by restricting his employment because of his HIV-positive status. Thwaites enlisted in the CAF in 1980 and by 1986 had risen to the rank of master seaman, a position that primarily …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
Rogers v. Whitaker
Country: AustraliaYear: 1992
Court: High Court
Citation: (1992) 175 CLR 479; [1992] HCA 58
Health Topics: Disabilities, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity
Appellant doctor appealed an award of $808,564.38 to respondent patient. Appellant doctor had operated on the right eye of respondent patient in an attempt to improve its appearance and restore some sight as respondent patient’s right eye had been sightless from a previous injury. The lower court had found that appellant doctor had operated with …Read more
Doe v. Attorney General of the US
Country: United StatesYear: 1991
Court: 9th Circuit Court of Appeal
Citation: 941 F.2d 780 (1991)
Health Topics: Disabilities, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Freedom from discrimination, Right to privacy
John Doe brought a lawsuit against the Federal Bureau of Investigation (FBI) and Agent Held alleging that they discriminated against him by ceasing to send agents to him for physical examinations because of his AIDS. John Doe was a physician who gave physical examinations to FBI agents and to potential agents in the hiring process. …Read more
H. v. France
Country: FranceYear: 1989
Court: European Court of Human Rights
Citation: Application No. 10073/82; (1989) 12 EHRR 74
Health Topics: Disabilities, Health information, Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial
The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia. In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more
Alexander v. Choate
Country: United StatesYear: 1985
Court: Supreme Court
Citation: 469 U.S. 287 (1985)
Health Topics: Disabilities, Health care and health services, Health systems and financing, Mental health, Poverty
Human Rights: Freedom from discrimination, Right to social security
In response to increasing projected state Medicaid costs, the directors of the Tennessee Medicaid program decided to implement a number of cost saving measures. Among these measures was a proposed reduction in the number of annual days of inpatient hospital care covered by the program from 20 to 14 days per fiscal year. Respondents, Tennessee …Read more
X & Y v. The Netherlands
Country: NetherlandsYear: 1985
Court: European Court of Human Rights
Citation: App. No. 8978/80, 8 Eur. H.R. Rep. 235 (1986).
Health Topics: Child and adolescent health, Disabilities, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
The applicant, a father of a mentally handicapped woman, found himself unable to institute criminal proceedings against an individual who had sexually assaulted his daughter due to a gap in the domestic criminal laws of the Netherlands, which required the victim to file the complaint herself. Although the victim was more than sixteen years of …Read more
Schweiker v. Hogan
Country: United StatesYear: 1982
Court: Supreme Court
Citation: 457 U.S. 569 (1982)
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from discrimination, Right to social security
The Respondents brought this suit challenging the constitutional validity of § 1903(f) of the Social Security Act (the Act); they claimed it violated the equal protection component of the Fifth Amendment. Under the Medicaid program, States were required to provide Medicaid coverage to certain individuals described as the “categorically needy” and, at their discretion, could …Read more