Case 2006-103f
Country: BelgiumYear: 2006
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2006-103f, 21 June 2006
Health Topics: Health systems and financing
Human Rights: Right to work
Tags: Health care professionals, Health care workers, Health insurance, Health regulation
Gonzales v. Oregon
Country: United StatesYear: 2006
Court: Supreme Court
Citation: 546 U.S. 243 (2006)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Informed consent, Medicines, Mental health
The state of Oregon legalized a physician-assisted suicide law. This law exempts state-licensed physicians who “dispense or prescribe a lethal dose of drugs upon the request of a terminally ill patient” from civil or criminal liability. The law required that the patient must have a diagnosis of an incurable and irreversible disease that reasonably will cause …Read more
Royal Women’s Hospital v. Medical Practitioners Board of Victoria
Country: AustraliaYear: 2006
Court: Supreme Court of Victoria
Citation: (2006) 15 VR 22; [2006] VSCA 85
Health Topics: Disabilities, Health information, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to privacy
In January 2000, Mrs. X went to the Royal Women’s Hospital (“the Hospital”). She was 32 weeks pregnant, and, after a multiple ultrasounds, it was confirmed that her baby had skeletal dysplasia (“dwarfism”). In February, a fetal reduction procedure was done and the baby was born by stillbirth. After termination, the fetus was found to …Read more
Stamen Filipov to the Constitutional Court
Country: MacedoniaYear: 2006
Court: Constitutional Court
Citation: 16/2006-0-0
Health Topics: Controlled substances, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right to bodily integrity, Right to due process/fair trial
The Petitioner, Stamen Filipov, challenged Article 178, a provision regulating solitary confinement, of the Law on Execution of Sanctions (the Law). The Law gave the Director of a prison or his/her substitute the power to institute certain disciplinary measures against convicted persons, including warnings, public warnings, confiscation of up to 20% of the compensation for …Read more
Zimbabwe Human Rights NGO Forum v. Zimbabwe
Country: ZimbabweYear: 2006
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 245/02 (2006).
Health Topics: Mental health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
The Zimbabwe Human Rights NGO Forum, a coalition of twelve human rights organizations, alleged that the Government of Zimbabwe and supporters of the ruling ZANU (PF) political party engaged in a systematic campaign of intimidation leading up to a Constitutional Referendum held in February of 2000, as well as in the months following its fifth …Read more
Case 02-10957
Country: FranceYear: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass civ I, n°02-10957, 7 December 2004
Health Topics: Informed consent, Medical malpractice
Human Rights: Right of access to information
After a tympanoplasty procedure provided by Dr. Y, Mrs. X suffered from partial facial paralysis. Mrs. X sought damages for the entire facial paralysis that she suffered, claiming that Dr. Y had violated the doctor’s duty to fully inform patients of the potential consequences of a medical procedure. The lower court awarded Mrs. X damages, and …Read more
Case 2005-147
Country: BelgiumYear: 2005
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2005-147, 28 September 2005
Health Topics: Health care and health services, Health information
Human Rights: Freedom of association
Tags: Access to health care, Access to treatment, Freedom of information, Health care professionals, Health care workers, Health data, Health education, Health promotion
Case 256001
Country: FranceYear: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°256001, 12 January 2005
Health Topics: Health care and health services, Health systems and financing, Medical malpractice
This case concerned violations of the physicians’ professional Code of Conduct and a disregard for the general nomenclature of professional acts in medicine by Mr. Gilbert X. Mr. X was sanctioned by the Social Security Section of the National Council of the College of Physicians to a four months prohibition of the right to dispense …Read more
Glegg v Smith & Nephew Inc
Country: CanadaYear: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medicines, Mental health
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more
Mazibuko v. Minister of Correctional Services, et al.
Country: South AfricaYear: 2005
Court: High court of Transvaal Provincial Division
Citation: Case No: 38151 / 05; [2007] JOL 18957 (T)
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
The Applicant, Simon Musi Mazibuko, was a prisoner living with HIV. He had been convicted of murder assault with intent to do grievous bodily harm, robbery, theft, and unlawful possession of a firearm and ammunition, and sentenced to life in prison. The Applicant was suffering from several opportunistic infections, including tuberculosis, and his CD4 count …Read more