Case 2001-041f
Country: BelgiumYear: 2001
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2001-041f, 29 March 2001
Health Topics: Health systems and financing
Human Rights: Right to due process/fair trial
Tags: Health care professionals, Health care workers, Health regulation
Lalonde v. Ontario (Commission de Restructuration des Services de Santé)
Country: CanadaYear: 2001
Court: Ontario Court of Appeal
Citation: 56 OR (3d) 505; 208 DLR (4th) 577 (Ont CA)
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right of access to information, Rights to the benefits of culture
Montfort Hospital appealed the Healthcare Services Restructuring Committee’s (HSRC) decision to transfer services away from the hospital. Montfort was a full-service, general hospital in Ontario that operated, trained health-care professionals and provided services in French on a full-time basis, servicing a large francophone population in eastern Ontario. Exercising its authority under the Public Hospitals Act, …Read more
Medical and Dental Practitioners Disciplinary Tribunal v. Okonkwo
Country: NigeriaYear: 2001
Court: Supreme Court
Citation: (2002) AHRLR 159 (NgSC 2001); [2001] WRN 1
Health Topics: Health care and health services, Informed consent, Medical malpractice
Human Rights: Freedom of expression, Freedom of religion, Right to bodily integrity, Right to privacy
The Medical and Dental Practitioners Disciplinary Tribunal (“the Tribunal”) brought charges to determine whether a practitioner is guilty of punishable “infamous conduct” when in deference to a patient’s religious views which he failed to provide live-saving blood transfusions, refer the patient to another practitioner, or terminate his medical contract. The patient, Martha Okorie, and her …Read more
Case 2000-136f
Country: BelgiumYear: 2000
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2000-136f, 21 December 2000
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to property
Tags: Access to health care, Budget, Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health regulation, Out-of-pocket expenditures, Private hospitals, Public hospitals, Reimbursement, Social security, Subsidies, Underprivileged
Hoffman v. South African Airways
Country: South AfricaYear: 2000
Court: Constitutional Court
Citation: (2) SA 628; 2001 (10) BHRC 571; (2000) 3 CHRLD 146
Health Topics: Health care and health services, HIV/AIDS
Human Rights: Freedom from discrimination
In 1996, the Appellant applied for employment as a cabin attendant with South African Airways (SAA). At the end of the selection process, he was found to be a suitable candidate for employment. He was then subject to a medical examination, which found him clinically fit and thus suitable for employment. However, a blood test …Read more
Advocate Prakash Mani Sharma v. Government of Nepal and Others
Country: NepalYear: 1999
Court: Supreme Court
Citation: Writ No.064 WO 0230
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Under Article 20(2) of the Interim Constitution 2063 in Nepal, every woman in Nepal had the fundamental right to reproductive health. However, there were no effective health services addressing the issue of uterine prolapse, a serious ailment affecting nearly 600,000 women in Nepal. The Petitioners, among others, Pro-Public, an organization working in the area of …Read more
BT v. Oei
Country: AustraliaYear: 1999
Court: Supreme Court of New South Wales
Citation: [1999] NSWSC 1082
Health Topics: Controlled substances, Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice, Mental health, Sexual and reproductive health
The case was brought by BT on behalf of herself and on behalf of the estate of her late husband, AT, against the defendant, a general practitioner, who was AT’s doctor from 26 November 1991 to 22 January 1993. The case arose as a result of the defendant’s alleged negligent failure to diagnose AT’s HIV …Read more
Kurukulasuriyage Don Douglas Hemapriya Dayarathna, et al. v Minister of Health and Indigenous Medicine, et al.
Country: Sri LankaYear: 1999
Court: Supreme Court
Citation: SC Application Nos 513-528/98, unreported
Human Rights: Right to work
The sixteen petitioners responded to a notification in the Government Gazette calling for applications for training as Assistant Medical Practitioners (AMP). All the petitioners possessed the stipulated qualifications, submitted applications in the terms of the notification and successfully sat the examination qualifying them for the training. However, before the final stage of the process, which involves …Read more
Naxakis v. Western General Hospital
Country: AustraliaYear: 1999
Court: High Court
Citation: (1999) 197 CLR 269; (1999) 162 ALR 540; (1999) 73 ALJR 782; (1999) 9 Leg Rep 2; [1999] HCA 22
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Violence
Human Rights: Right to due process/fair trial
In July 1980 the appellant, who was 12 years old at the time, was struck on the head by the bag of a schoolmate and collapsed. The appellant was seen by a general practitioner who referred him to Western General Hospital, the first respondent, where he was placed under the care of Mr. Jensen, the …Read more
Stefan v. General Medical Council
Country: United KingdomYear: 1999
Court: Privy Council, Judicial Committee
Citation: Appeal No. 16 of 1998; [1999] 1 WLR 1293, (1999) 6 BHRC 487
Health Topics: Health systems and financing
Human Rights: Right to due process/fair trial
The appellant was a medical practitioner whose registration was suspended on several occasions following decisions of the Health Committee of the General Medical Council (“Committee”) that her fitness to practice was impaired by reason of her mental condition. In 1998, when the option of imposing an indefinite suspension was available to the Committee under section …Read more