Slawomir Musial v. Poland
Country: PolandYear: 2009
Court: European Court of Human Rights
Citation: Application No. 28300/06
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health
The applicant, a Polish national, alleged a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) based on inadequate medical care during his detention in various Polish detention centers, as well as the overcrowding and poor conditions in those same facilities. In April of 2005, the …Read more
Veena Bhatia v. Department of Telecommunication, et al.
Country: IndiaYear: 2009
Court: Central Administrative Tribunal - Delhi
Citation: T.A. No.606/2009
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Veena Bhatia was an employee of the respondents. In her 35th week of pregnancy, she delivered her child prematurely. The doctor performed an emergency lower segment caesarian section (LSCS) because of fetal distress and antepartum hemorrhage. A normal delivery was not an option because the baby would have died and the mother would have hemorrhaged …Read more
Yolanda v. Regional Healthcare Department of the Generalitat Valenciana
Country: SpainYear: 2009
Court: Supreme Court
Citation: STS 16-11-2009 Appeal No. 4426/2008
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to health, Right to social security
The plaintiff sued the defendant, Regional Healthcare Department of the Generalitat Valenciana (RHD) for a refund of medical expenses following its denial of fertilization treatment. The plaintiff was carrying a genetic illness multiple endocrine neoplasia type II (MEN II). She had surgery after being diagnosed with the disease. Subsequently, the plaintiff decided she wanted to …Read more
Andrea Mortlock v. United States
Country: United StatesYear: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 63/08, Case 12.534
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners included the Legal Aid Society and the International Human Rights Clinic at Washington College of Law. Petitioners alleged the United States violated the …Read more
Case 1160
Country: BulgariaYear: 2008
Court: Supreme Court of Cassation
Citation: SCC. Decision No. 1160, dated December 16th, 2008 of the Supreme Court of Cassation on civil case No. 3373/2007, 3d Civil Division, Civil College
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice
The appellants sued the defendant hospital for their son’s death; they alleged that their son died three months after his birth due to the hospital’s wrongful acts and omissions in the administration of his treatment. The Appellate Court found that medical malpractice had not been established; the child’s death was neither due to medical malpractice …Read more
Iuri Archuadze v. Ministry of Health and Social Affairs; Municipality of Gori
Country: GeorgiaYear: 2008
Court: Tbilisi City Court
Citation: Case no. #bs-758-730(k-08)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
The applicant, Iuri Archuadze, suddenly developed a life threatening jaw condition and went to the Tbilisi State Medical Institute where he had an immediate surgical operation, and, following post-surgical complications, was taken to the intensive therapy department. In total, the cost of the treatment was 9263,71 GEL, but the applicant was only reimbursed 205,94 GEL …Read more
Paola Del Rosario Guzman Albarracin and Next of Kin v. Ecuador
Country: EcuadorYear: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 76/08, Petition 1055-06, October 17, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Health care and health services, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
The Centro de Derechos Reproductivos (Center for Reproductive Rights) and the Centro Ecuatoriano para la Promoción y Acción de la Mujer (Center for the Advancement and Action of Women) (CEPAM-Guayaquil) alleged that the assistant principal at the public school where Paola del Rosario Guzmán Albarracín, age 16, was a student, took advantage of his position …Read more
Sh. Balram Sharma v. Union of India
Country: IndiaYear: 2008
Court: High Court - Delhi
Citation: WP(C) No.13740/2005
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
After suffering from a heart attack, the petitioner had sought treatment at a government hospital. Taking into consideration his critical condition and the length of time that it was expected it would take for him to receive treatment at that hospital, the doctors recommended that the petitioner seek treatment at a private hospital immediately. Thereafter, …Read more
Case 149
Country: RomaniaYear: 2007
Court: National Council for Combating Discrimination
Citation: Decision No. 149 of 17 October 2007
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
On August 28, 2009, Mrs. Y, a pregnant woman of Roma ethnic origin, went to Targu Neamt Hospital Obstetrics and Gynaecology Department, a public hospital, for a check-up. Dr. X performed the check-up and sent her home, telling her there was nothing wrong with her and making certain derogatory statements about gypsies. When Mrs. Y …Read more
Case 350
Country: RomaniaYear: 2007
Court: National Council for Combating Discrimination
Citation: Case File Number: 167/2007. Decision No. 350 of 17 October 2007
Health Topics: Health care and health services
Human Rights: Freedom from discrimination
The plaintiff, a Romani woman, claimed that she was discriminated against by I.A., an ambulance technician, who supposedly refused to lift the plaintiff into the ambulance because of her ethnic origin. These facts were contested by the ambulance technician, who claims that she was hit by one of the plaintiff’s male family members while trying …Read more