Case of Hristozov v. Bulgaria
Country: BulgariaYear: 2012
Court: The European Court of Human Rights
Citation: Applications nos. 47039/11 and 358/12
Health Topics: Health care and health services, Hospitals, Medicines
Human Rights: Right to family life, Right to health, Right to life, Right to privacy
The applicants were all terminally ill cancer patients (four of them died since the filing of the application). They were unsuccessful in trying to find a cure and tried many conventional treatments such as chemotherapy, radiotherapy and hormone therapy. Thereafter they approached a private clinic in Sofia and found out that an anti-cancer experimental product …Read more
Hristozov and Others v. Bulgaria
Country: BulgariaYear: 2012
Court: European Court of Human Rights
Citation: Application Nos. 47039/11 and 358/12
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Informed consent, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
The applicants had terminal cancer, and all had either tried forms of conventional medicine (e.g. surgery, chemotherapy, radiotherapy and hormone therapy) or obtained a medical opinion that these treatments would not work for their illness. They then approached a private client in Sofia where they were told about an experimental anti-cancer product in development by …Read more
Panaitescu v. Romania
Country: RomaniaYear: 2012
Court: The European Court of Human Rights
Citation: ECHR 152 (2012)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
The son of the former applicant continued the application after his death. The applicant’s father was diagnosed with cancer in 2005 and had a surgery for removal of a tumour from his kidney. He was first suggested vitamins and saline solution. Later on, when he went to an oncology institute, he was recommended two drugs. …Read more
R v. Parker
Country: CanadaYear: 2000
Court: Ontario Court of Appeal
Citation: [2000] OJ No. 2787, 135 OAC 1
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Hospitals, Informed consent, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Terrance Parker suffered from severe epilepsy since he was a young child. He could substantially reduce the incidence of seizures by smoking marihuana, but he had no legal source of marihuana. Parker was charged with cultivating marihuana under the Narcotic Control Act and with possession of marihuana under the new Controlled Drugs and Substances Act. …Read more
R v. Cambridge Health Authority, ex parte Beckwith
Country: United KingdomYear: 1995
Court: Court of Appeal, Civil Division
Citation: [1995] 2 All ER 129 (CA); [1995] EWCA Civ 49
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Informed consent, Medicines
Human Rights: Right to health, Right to life
The child “B” had a long history of unsuccessful treatments fo her cancer. In January 1995, B suffered a further relapse of acute myeloid leukaemia. Both the doctor who oversaw B’s treatment since the initial diagnosis and the doctor who performed a prior bone marrow transplant agreed that the child had approximately six to eight …Read more
H. v. France
Country: FranceYear: 1989
Court: European Court of Human Rights
Citation: Application No. 10073/82; (1989) 12 EHRR 74
Health Topics: Disabilities, Health information, Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial
The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia. In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more
Baricalla de Cisilotto, María del Carmen v. Estado Nacional (Ministerio de Salud y Acción Social)
Country: ArgentinaYear: 1987
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 201. XXI.
Health Topics: Health care and health services
Human Rights: Right to health, Right to life
The plaintiff, the legal representative of her underage son who suffered from cancer, filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State, the Ministry of Health and Social Action to condemn them to supply an experimental treatment that was tested in some patients, including the plaintiff’s son. The experimental drug …Read more