Aftanache v. Romania
Country: RomaniaYear: 2020
Court: European Court of Human Rights
Citation: Aftanache v. Romania, no. 999/19, ECHR 2020
The applicant had Type-1 Diabetes and was insulin-dependent. On 30 March 2017, he was advised by his diabetologist to go to the pharmacy to purchase medicines because he was feeling ill. He explained his situation to the pharmacist, who called an ambulance to help him. The paramedic team that arrived refused to accompany him home …Read more
Ivanovi v. Bulgaria
Country: BulgariaYear: 2020
Court: European Court of Human Rights
Citation: [2020] ECHR 67320/16
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to health, Right to life
The applicants are parents of a child who died being treated at Burgas Multi-Profile Active Treatment Hospital. They alleged that the hospital’s failure to provide their daughter with adequate medical care led to her death, amounting to a breach of Article 2 of the European Convention on Human Rights. On April 10, 2009, the applicant’s …Read more
Erdinç Kurt and Others v. Turkey
Country: TurkeyYear: 2017
Court: The European Court of Human Rights
Citation: Application no. 50772/11
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health care and health services, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to due process/fair trial, Right to family life, Right to life
The applicants’ daughter suffered from cardiac problems when she was 1 year old and received treatment for it in children’s hospital. The first applicant (father) signed a consent form for a surgery of her daughter. The consent form entailed the risks. A further operation was conducted after obtaining a similar form from the father. After …Read more
Ioniță v. Romania
Country: RomaniaYear: 2017
Court: The European Court of Human Rights
Citation: Application no. 81270/12
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to due process/fair trial, Right to life
The applicants’ minor son underwent surgery for the removal of a polyp in a public emergency hospital. The child was transferred to the ICU unit under a staff nurse who had assisted in the surgery. Due to a hemorrhage and a number of failed attempts to resuscitate, the child died. There were contrary reports of …Read more
Lopes De Sousa Fernandes v. Portugal
Country: PortugalYear: 2017
Court: The European Court of Human Rights
Citation: Application no. 56080/13
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Infectious diseases, Medical malpractice
Human Rights: Right to bodily integrity, Right to health, Right to life
The applicant’s husband underwent a surgery to remove nasal polyps. He suffered from severe headaches and went back to the emergency department. The duty doctor prescribed him some tranquilizer stating it was some psychological problem. As the headaches did not subside, a medical team examined him the next day and found that he was suffering …Read more
The Center for Health, Human Rights and Development & Ors. v. The Executive Director, Mulago National Referal Hospital & Anr.
Country: UgandaYear: 2017
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 212 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to family life, Right to health
The 2nd and 3rd plaintiffs are husband and the wife. The 2nd plaintiff delivered two babies in the defendant hospital’s general ward but was discharged with only one baby. The defendants state that one of the babies was stillborn. The 2nd and the 3rd plaintiffs filed a police report for the loss their baby and …Read more
Asiye Genç v. Turkey
Country: TurkeyYear: 2015
Court: The European Court of Human Rights
Citation: ECHR 027 (2015)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
The applicant gave birth by Caesarean section to a premature boy in a public hospital. The baby had breathing difficulties. There were no suitable neonatal wards in the hospital and therefore the doctors decided to move the baby to another public hospital, which was more than 100 kilometers away. The latter public hospital stated that …Read more
Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania
Country: RomaniaYear: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea. Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more
Centre for Health, Human Rights and Development (CEHURD) & 3 Others v. Attorney General
Country: UgandaYear: 2015
Court: Supreme Court
Citation: Constitutional Appeal No. 1 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Right to health, Right to life
This case was filed by the families of two women who died during childbirth and the Centre for Health, Human Rights and Development (CEHURD). They argued that inadequate resources for maternal health violated the right to health under Objectives XIV (b) XX, XV and Article 8A of the Ugandan Constitution, the right to life under …Read more
Elberte v. Latvia
Country: LatviaYear: 2015
Court: The European Court of Human Rights
Citation: ECHR 005 (2015)
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to privacy
The applicant’s husband died in a car accident. She saw her husband’s body when he was transported from the Forensic department. His legs were tied and he was buried like that. After two years, criminal inquiry into illegal removal of organs and tissues were ensued by the Police. The applicant was told that her husband …Read more