K.H. and Others v. Slovakia
Country: SlovakiaYear: 2009
Court: European Court of Human Rights
Citation: App. No. 32881/04, 49 Eur. Ct. H.R. 34 (2009).
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life
The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more
S v. Procureur Général
Country: SwitzerlandYear: 2009
Court: Court of Justice, Penal Division [Cour de Justice, Chambre pénale]
Citation: Switzerland
Health Topics: HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
The Petitioner, S, was a man living with HIV. He was aware that he was HIV-positive since 1998 and had been undergoing treatment since then. In 2006, he began combination antiretroviral therapy. The Petitioner’s viral load had been undetectable since 2008 and he was not suffering from any other infections. The Petitioner’s doctors had assured …Read more
Szuluk v. The United Kingdom
Country: United KingdomYear: 2009
Court: European Court of Human Rights
Citation: Application no. 36936/05
Health Topics: Health care and health services, Health information, Prisons
Human Rights: Right to privacy
The applicant, an inmate in prison, appealed to the European Court of Human Rights because he wanted to correspond privately with an external medical specialist. In 2001, the applicant suffered a brain hemorrhage while he was on bail awaiting trial for a conspiracy to sell drugs. He underwent surgery twice before being discharged to prison. …Read more
Te Koeti v. Otago District Health Board
Country: New ZealandYear: 2009
Court: Human Rights Review Tribunal
Citation: [2009] NZHRRT 24
Health Topics: Health information, Hospitals, Mental health, Violence
Human Rights: Right of access to information
. (The tribunal noted that the request should have been made under the Health Information Privacy Code 1994, but accepted that this was immaterial for the purposes of the case.) TK made it clear that he specifically wanted all the names of the nurses who had attended him. Although accepting that these names were part …Read more
VM v. RIDCA Central (Regional Intellectual Disability Care Agency)
Country: New ZealandYear: 2009
Court: High Court
Citation: [2009] NZHC 545
Health Topics: Mental health, Public safety
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person
The appellant, VM, challenged a renewal of her detention under a compulsory care order governed by the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (the “Act”). In 2005, the appellant was charged with possession of a knife in a public place when she became fixated on one of her care workers and showed up …Read more
Advocate Achyut Prasad Kharel v. Government of Nepal
Country: NepalYear: 2008
Court: Supreme Court
Citation: Writ No. 3352 of the year 2061 BS (2004 AD)
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to bodily integrity, Right to health, Right to life
The petition challenged clause (1) of No. 28B of the Chapter on Life in the National Code which provided that “a health worker attaining the qualification as prescribed, may, with the consent of the concerned pregnant women, remove her fetus within 12 weeks of conception” (the Clause). The Petitioner contended that this was contrary to …Read more
Case SK 16/071
Country: PolandYear: 2008
Court: Constitutional Tribunal
Health Topics: Health information, Health systems and financing, Medical malpractice
Human Rights: Freedom of expression, Right of access to information
The complainant’s principle allegation was that the portion of Article 52(2) of the Code of Medical Ethics (the “Code”) that read “a physician shall not discredit another physician publicly in any way whatsoever” violated the freedom of expression guaranteed in Article 54 of the Constitution of the Republic of Poland (the “Constitution”). The complainant was …Read more
Case T-209/08
Country: ColombiaYear: 2008
Court: Constitutional Court
Citation: Corte Constitucional[C.C.][Constitutional Court],Sala Novena de Revisión febrero 28, 2008, M.P.: Clara Inés Vargas Hernández, Sentencia T-209/08 (Colom.).
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right of access to information, Right to bodily integrity, Right to health, Right to liberty and security of person
A girl, aged 13, was a victim of rape and became pregnant as a result. The girl was affiliated with the Coomeva healthcare provider company. However, the company refused to perform a legal abortion claiming conscientious objection on the part of all of its physicians. The company then referred her to the Erasmo Meoz de …Read more
Dr. Kwok-Hay Kwong v. Medical Council of Hong Kong
Country: ChinaYear: 2008
Court: Court of Appeal
Citation: [2008] HKCA 23
Health Topics: Health information
Human Rights: Freedom of expression, Right of access to information
K, a medical practitioner, sought judicial review proceedings to challenge the Medical Counsel of Hong Kong (‘the MC’)’s decision that certain restrictions relating to practice promotion (or advertising) contained in the Professional Code and Conduct for the Guidance of Registered Medical Practitioners (‘the Code’) were justified. K argued that these restrictions were contrary to the …Read more
Paxton v. Ramji
Country: CanadaYear: 2008
Court: Ontario Court of Appeal
Citation: 2008 ONCA 697, 92 OR (3d) 401
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
This appeal concerns whether a doctor owes a tort law duty of care to a future child subsequently born of the doctor’s patient. Dr. Ramji prescribed Accutane to Dawn Paxton, mother of the plaintiff, Jamie Paxton, on the understanding that Dawn would not become pregnant while taking the drug. Due to her husband’s failed vasectomy, …Read more