104 judgments found.

Price v. United Kingdom

Country: United Kingdom
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 33394/96; (2002) 34 EHRR 53; [2001] Crim.L.R. 916
Health Topics: Chronic and noncommunicable diseases, Disabilities, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment
Facts:

P, who is a UK national, was four-limb deficient as a result of procomelia due to thalidomide. She also suffered kidney problems. On 20 January 1995, in the course of civil proceedings in Lincoln County Court for recovery of a judgment debt, P refused to answer questions regarding her financial status and was committed to …Read more

Tags: Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Disabled, Handicapped, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Noncommunicable diseases, Physically challenged, Torture
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Campodónico de Beviacqua, Ana Carina v. Ministerio de Salud y Acción Social – Secretaría de Programas de Salud y Banco de Drogas Neoplásicas

Country: Argentina
Year: 2000
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 823. XXXV
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) in the name of her son, who suffered from Kostmann’s disease, a severe bone marrow defect. Because of this disease, the plaintiff’s son was entirely dependent on a medicine called Neutromax 300. From June 1996 to December 1998, the National Bank of Antineoplastic …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Budget, Child development, Children, Disabled, Handicapped, Health expenditures, Health funding, Health regulation, Health spending, Low income, Minor, Out-of-pocket expenditures, Pediatric health, Poor, Social security, Subsidies, Underprivileged
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City of Montreal, et al. v. Commission des droits de la personne et des droits de la jeunesse

Country: Canada
Year: 2000
Court: Supreme Court
Citation: [2000] 1 R.C.S. 665
Health Topics: Disabilities
Human Rights: Freedom from discrimination, Right to work
Facts:

In the first case the complainant, M, was refused employment as a gardener-horticulturist, even though she had successfully completed her training, after a pre-employment medical examination revealed a weakness in her spinal column. M had never suffered any lower back pain and had no disability performing normal activities. In the second case the complainant, T, …Read more

Tags: Disabled, Employment, Handicapped
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In re A (children)

Country: United Kingdom
Year: 2000
Court: Court of Appeal, Civil Division
Citation: [2000] EWCA Civ 254
Health Topics: Child and adolescent health, Disabilities, Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to life
Facts:

Jodie and Mary were conjoined twins connected at the lower abdomen. Each had their own vital organs, but one of Jodie’s arteries supplied oxygenated blood to Mary. The twins were surgically capable of being separated, but doing so would leave Mary’s deficient heart and lungs without support and lead to her death. However, if the …Read more

Tags: Children, Disabled, Duty of care, Forced treatment, Incompetence, Infant health, Involuntary treatment, Mental competence, Mental disability, Minor, Non-consensual testing and treatment, Patient choice, Physically challenged, Public hospitals, Unauthorized treatment
Download Judgment: English

Olmstead v. L.C.

Country: United States
Year: 1999
Court: Supreme Court
Citation: 527 U.S. 581 (1999)
Health Topics: Disabilities, Health care and health services, Hospitals, Mental health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to liberty and security of person
Facts:

The Respondents, L. C. and E. W., both mentally disabled women, brought proceedings against the State alleging that the State’s failure to place them in a community-based program, after their treating professional had determined that such a placement was appropriate, violated Title II of the Americans with Disabilities Act of 1990 (ADA). Title II of …Read more

Tags: Access to treatment, Community-based care, Compulsory confinement, Disabled, Handicapped, Involuntary confinement, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology, Public hospitals, Schizophrenia
Download Judgment: English

X v. Commonwealth

Country: Australia
Year: 1999
Court: High Court
Citation: [1999] HCA 63; 200 CLR 177; 167 ALR 529; 74 ALJR 176
Health Topics: Disabilities, HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
Facts:

X was discharged from the Australian Defence Force (ADF) after he tested positive for HIV, in accordance with an ADF policy that sought to avoid transmission of HIV between soldiers. He subsequently filed a complaint with the Human Rights and Equal Opportunity Commission (the Commission), claiming his discharge constituted unlawful discrimination under the Disability Discrimination …Read more

Tags: AIDS, Disabled, Employment, Hepatitis, HIV, HIV positive, HIV status, Military, Occupational hazards, Occupational health and safety, People living with HIV/AIDS, PLHIV, Safe working conditions, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English

Eldridge v. British Columbia (Attorney General)

Country: Canada
Year: 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
Facts:

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

Tags: Access to treatment, Budget, Clinics, Deaf, Disabled, Health funding, Health insurance, Out-of-pocket expenditures, Public hospitals, Reimbursement, Social security, Subsidies
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IW v. City of Perth

Country: Australia
Year: 1997
Court: High Court
Citation: [1997] HCA 30; 191 CLR 1; (1997) 94 LGERA 224; (1997) 146 ALR 696; (1997) 71 ALJR 943
Health Topics: Disabilities, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Freedom from discrimination
Facts:

IW was a member of the incorporated association known as People Living With AIDS (WA) Inc. (PLWA). PLWA applied for planning approval from the City of Perth for the use of premises as a daytime drop-in center for persons infected with or affected by HIV/AIDS. The City, via its executive body, the Council, refused the …Read more

Tags: AIDS, Clinics, Disabled, HIV, HIV positive, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Julian, et al. v. New Zealand

Country: New Zealand
Year: 1997
Court: United Nations Human Rights Committee
Citation: Communication No. 601/1994
Health Topics: Disabilities, Health systems and financing
Facts:

Julian (J), a former fighter pilot, and Drake (D), who had become a naturalized New Zealand citizen in 1964, had been incarcerated by Japan during the Second World War in conditions where torture and maltreatment took place regularly. It was claimed that, as a direct consequence of this, they still suffered residual disabilities and incapacities. …Read more

Tags: Differently abled, Disabled, Handicapped, Health expenditures, Health funding, Health spending
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R v. Gloucestershire County Council and Anr., ex parte Barry

Country: United Kingdom
Year: 1997
Court: House of Lords
Citation: [1997] 2 All ER 1 (HL); [1997] 2 W.L.R. 459; [1997] A.C. 584
Health Topics: Disabilities, Health systems and financing
Human Rights: Right to health
Facts:

Michael Barry was an 81-year-old man who suffered from a number of disabilities and lived alone within the Gloucestershire County Council (the Council). Barry was originally assessed as requiring a number of home care services, but after budgetary cuts the Council informed Barry that they would no longer be able to perform cleaning and laundry …Read more

Tags: Budget, Disabled, Handicapped, Health expenditures, Health facilities, Health funding, Health insurance, Health spending, Out-of-pocket expenditures, Subsidies
Download Judgment: English