128 judgments found.

Joyce Nakacwa v. Attorney General, et al.

Country: Uganda
Year: 2002
Court: Constitutional Court at Kampala
Citation: [2002] UGCC 1; Constitutional Petition No. 2 of 2001
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Informed consent, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to water and sanitation
Facts:

On June 21, 2001, the petitioner delivered a baby by the roadside and visited the second respondent’s Naguru Maternity Home/Clinic with the baby still attached to her. She received no medical care and was referred to another hospital. The petitioner was unable to walk the distance and was forced to sit outside with her newborn …Read more

Tags: Access to health care, Access to treatment, Childbirth, Clinics, Compulsory examination, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Emergency care, Forced examination, Health facilities, Humiliating treatment, Infant mortality, Inhuman treatment, Involuntary examination, Jail, Law enforcement, Mandatory examination, Maternal health, Mob, Police, Pregnancy, Prison conditions, Torture
Download Judgment: English

Physicians for Human Rights, et. al v. Commander of IDF Forces in the West Bank

Country: Israel
Year: 2002
Court: Supreme Court
Citation: HCJ 2936/02; HCJ 2941/02
Health Topics: Disasters and emergencies, Health care and health services, Hospitals, Violence
Facts:

These petitions were filed during Israel Defense Force (“IDF”) combat activities (called “Operation Defensive Wall”) in the areas of the Palestinian Authority. IDF forces allegedly shot at the Red Cross and its medical teams who were working out of ambulances and in the hospitals. This prevented workers from taking the sick and wounded to hospitals …Read more

Tags: Access to health care, Access to treatment, Armed conflict, Emergency care, Health facilities, Humanitarian crisis, Military
Download Judgment: English

Ramos, Marta Roxana, et al. v. Province of Buenos Aires, et al.

Country: Argentina
Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 12/3/2002, "Ramos, Marta Roxana y otros c/ Buenos Aires, Provincia de y Otros s/Amparo," (R. 1012. XXXVI) (Arg.).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to development, Right to education, Right to food, Right to health, Right to housing, Right to social security
Facts:

Woman living in extreme poverty brought an action against the Ministry of Social Development and Environment of the Nation, the Province of Buenos Aires, and Hospital of Pediatrics Profesor Juan P. Garrahan on behalf of her eight children and herself, seeking, among others, the protection of their rights to food, health, education, and housing; the …Read more

Tags: Access to health care, Access to treatment, Children, Clinics, Emergency care, Health funding, Health insurance, Minor, Out-of-pocket expenditures, Pediatric health, Public hospitals, Reimbursement, Social security, Subsidies
Download Judgment: English Spanish

Ximenes-Lopes v. Brazil

Country: Brazil
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Report No. 38/02, Petition 12.237, October 9, 2002; OEA/Ser.L/V/II.117 Doc. 1 rev. 1, 7 March 2003
Health Topics: Health care and health services, Medical malpractice, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life, Right to privacy
Facts:

Mr. Damião Ximenes Lopes was admitted to Casa de Repouso on October 1st, 1999 to receive treatment for his mental illness. When his mother, Mrs. Albertina Ximenes, went to visit him three days later, Mr. Lopes had his hands bound behind his back.  He was bruised, his head was swollen, his nose bloody, and he …Read more

Tags: Access to treatment, Cruel treatment, Degrading treatment, Emergency care, Humiliating treatment, Inadequate treatment, Inappropriate treatment, Inhuman treatment, Mental disability, Mental illness, Mental institution, Torture
Download Judgment: English Spanish

Case 00-14564

Country: France
Year: 2001
Court: Cour de cassation [Court of Cassation]
Citation: Cass. civ I, n°00-14564, 9 October 2001
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to health
Facts:

A doctor, Y, was treating Mrs. X during her pregnancy. Y suspected a breech presentation (buttocks- or feet-first presentation rather than the normal head-first presentation) during the 8th month of pregnancy. The mother wanted a home birth. On 12 January, the child was born in a home birth and as a result of inadequate medical …Read more

Tags: Awareness, Caesarean, Child development, Children, Disabled, Emergency care, Handicapped, Health care technology, Inadequate treatment, Inappropriate treatment, Informed choice, Minor, Non-evidence based treatment, Patient choice, Pediatric health, Standard of care
Download Judgment: French

Case 198546

Country: France
Year: 2001
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°198546, 26 October 2001
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 family life
Facts:

The plaintiff’s husband was hospitalized due to severe renal failure. Conscious of his severe state of health, the husband wrote a statement ten days later stating that, as a Jehovah’s Witness, he refused to get any blood products or transfusions, even if there were essential to his survival. The doctors gave him a blood transfusion …Read more

Tags: Awareness, Clinical trials, Emergency care, Forced treatment, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Notification, Patient choice, Public hospitals, Tort, Unauthorized treatment
Download Judgment: English French

Joined Cases of Geraets-Smits and Peerboom

Country: Netherlands
Year: 2001
Court: European Court of Justice
Citation: C-157/99
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom of movement and residence, Right to social security
Facts:

In the Netherlands, the sickness insurance scheme was based principally on the Law on Sickness Funds (the “ZFW”), the Law on General Insurance for Special Sickness Costs and the Law on Access to Sickness Insurance. Such insurance scheme required prior authorization for treatment which was not carried out by a contracted provider; almost all contracted …Read more

Tags: Access to health care, Access to treatment, Diagnostics, Emergency care, Examination, Health insurance, Health regulation, Neurological diseases, Reimbursement
Download Judgment: English

Strykiwsky v. Mills (in his capacity as Warden of Stony Mountain Institution)

Country: Canada
Year: 2000
Court: Federal Court - Trial Division
Citation: Court File no. T-389-00
Health Topics: Controlled substances, Health care and health services, Medicines, Prisons
Human Rights: Freedom from discrimination
Facts:

The applicant was an inmate of Warkworth prison and a long time heroin addict. While an inmate, the applicant sought to overcome this addiction. The Correctional Service of Canada had a 2-phase program to address addiction cases.  Phase I provided regular doses of methadone “only to those entering federal prison… already enrolled in a community …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Addiction, Drug abuse, Drug use, Emergency care, Heroin, Imprisonment, Incarceration, Inmate, Jail, Methadone, Opioids, People who use drugs, Rehabilitation, Substance abuse
Download Judgment: English French

Aerts v. Belgium

Country: Belgium
Year: 1998
Court: European Court of Human Rights
Citation: Application No. 25357/94; (1998) 29 EHRR 50; [1998] ECHR 64; 5 BHRC 382; [1998] HRCD 749; (2000) 53 BMLR 79
Health Topics: Controlled substances, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

Michael Aerts, complained his continued detention in the psychiatric wing of a prison pending his transfer to the Social Protection Centre breached the right to liberty and security of person in article 5(1) of the European Convention on Human Rights (ECHR), the right to fair hearing under article 6(1) of the ECHR, and the prohibition …Read more

Tags: Access to health care, Access to treatment, Alcohol, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug use, Emergency care, Heroin, Imprisonment, Incarceration, Inhuman treatment, Inmate, Mental disability, Mental disorder, Mental illness, Mental institution, People who use drugs, Torture
Download Judgment: English French

In re L (by his next friend GE)

Country: United Kingdom
Year: 1998
Court: House of Lords
Citation: [1998] UKHL 24
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Mr. L was a mentally retarded person who was incapable of consenting to medical treatment. From the age of 13, he had been a resident at the Bournewood Hospital which was governed by the appellant, NHS Trust. Mr. L was discharged from the hospital on a trial basis into the community with paid carers, though …Read more

Tags: Compulsory commitment, Compulsory confinement, Emergency care, Health care professionals, Health care workers, Health facilities, Health regulation, Incapacity, Incompetence, Informed choice, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental institution, Mental retardation, Patient choice
Download Judgment: English