Maurice v. France
Country: FranceYear: 2005
Court: European Court of Human Rights
Citation: Application No. 11810/03; (2006) 42 EHRR 42; [2005] ECHR 683
Health Topics: Child and adolescent health, Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property
The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Didier and Sylvia Maurice. Mr. and Mrs. Maurice submitted an application to the Paris Administrative Court for an assessment of …Read more
Mazibuko v. Minister of Correctional Services, et al.
Country: South AfricaYear: 2005
Court: High court of Transvaal Provincial Division
Citation: Case No: 38151 / 05; [2007] JOL 18957 (T)
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
The Applicant, Simon Musi Mazibuko, was a prisoner living with HIV. He had been convicted of murder assault with intent to do grievous bodily harm, robbery, theft, and unlawful possession of a firearm and ammunition, and sentenced to life in prison. The Applicant was suffering from several opportunistic infections, including tuberculosis, and his CD4 count …Read more
Mihailov v. Bulgaria
Country: BulgariaYear: 2005
Court: European Court of Human Rights
Citation: Application No. 52367/99
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Occupational health
Human Rights: Right to due process/fair trial
The applicant was diagnosed with asbestosis and various other pulmonary diseases by the Labour-Expert Medical Commission (LEMC) in November of 1989. The Commission determined that the applicant qualified for second-degree disability. After a deterioration of the applicant’s health, in December of 1997, the LEMC categorized the applicant’s disability as first degree without the need for …Read more
N.V. v. LLC “… Hospital”
Country: GeorgiaYear: 2005
Court: Supreme Court [საქართველოს უზენაესი სასამართლო]
Citation: Docket number #ას-33-406-05
Health Topics: Aging, Disabilities, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to health
N.V. submitted a lawsuit in Court against the respondent LLC “… Hospital” for reimbursement of pecuniary and non-pecuniary damages after multiple failed surgeries. The plaintiff alleged the resulting damages were caused by poorly done surgeries and post-surgical treatment. The plaintiff was operated on for left pelvis-hip joint total endoprosthesis. The plaintiff had three surgical operations …Read more
Storck v. Germany
Country: GermanyYear: 2005
Court: European Court of Human Rights
Citation: Storck v. F.R.G., App. No. 61603/00, 43 Eur. H.R. Rep. 96 (2005).
Health Topics: Disabilities, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Applicant, a German national, alleged violations under Article 5 (right to liberty and security of person), Article 6 § 1 (right to a fair hearing) and Article 8 (right to respect for his private and family life) of the European Convention on Human Rights concerning her involuntary placement and medical treatment in a private clinic …Read more
Aquino, Isacio v. Cargo Servicios Industriales S.A.
Country: ArgentinaYear: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 2652. XXXVIII
Health Topics: Disabilities, Occupational health
Human Rights: Right to favorable working conditions, Right to health
A 29-year-old construction worker fell 10 meters from veneer roof while at work, rendering him permanently and totally disabled. No safety devices were provided by the employer, including a net or other protection mechanism to protect workers from falls. The worker brought an action challenging the constitutionality of Article 39(1) of the Occupational Risks Law …Read more
Archibald v. Fife Council
Country: United KingdomYear: 2004
Court: House of Lords
Citation: [2004] UKHL 32
Health Topics: Disabilities
Human Rights: Freedom from discrimination, Right to work
Susan Archibald claimed that her employer, Fife Council, had discriminated against her on the grounds of her disability under the Disability Discrimination Act 1995 (the Act). Fife Council had employed Ms. Archibald as a road sweeper since 1997. She underwent a minor surgery in April 1999, which due to a rare complication left her virtually …Read more
Auton (Guardian ad litem of) v. British Columbia (Attorney General)
Country: CanadaYear: 2004
Court: Supreme Court
Citation: [2004] 3 S.C.R. 657; [2004] S.C.C. 78
Health Topics: Disabilities, Health care and health services, Health systems and financing, Mental health
Human Rights: Freedom from discrimination
Connor Auton and his three co-petitioners were infant children suffering from autism. Applied Behavioral Analysis or Intensive Behavioral Intervention (ABA-IBI based therapy) was the only known, effective therapy for children with autism, although it remained a somewhat controversial and expensive treatment. Neither the Medicare Protection Act, R.S.B.C. 1996, c. 286, nor the Canada Health Act, …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
Glass v. The United Kingdom
Country: United KingdomYear: 2004
Court: European Court of Human Rights
Citation: Glass v. U.K., App. No. 61827/00, 39 Eur. H.R. Rep. 15 (2004).
Health Topics: Child and adolescent health, Disabilities, Health systems and financing, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to family life, Right to privacy
Applicants, a severely handicapped child and his mother (and legal proxy) Ms. Glass, claimed an Article 8 violation (right to respect for private life) when Ms. Glass’ objection to a course of medical treatment was overruled by the medical staff. As a legal proxy, the mother gave authorization to the doctors at St Mary’s Hospital …Read more