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
Right to Life New Zealand Inc. v. Abortion Supervisory Committee
Country: New ZealandYear: 2008
Court: High Court
Citation: [2008] NZHC 865; [2008] 2 NZLR 825
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to liberty and security of person, Right to life
This case was amended by a Judgment on Declaratory Relief and then overruled by the Court of Appeal in [2011] NZCA 246. The applicant, the Right to Life New Zealand (RTL), argued that the high rate of abortion in New Zealand indicated women were accessing “abortions on request” in contravention of the Contraception, Sterilisation and Abortion …Read more
Soomatee Gokool, et al. v. Permanent Secretary of the Ministry of Health and Quality of Life, et al.
Country: MauritiusYear: 2008
Court: Judicial Committee of the Privy Council
Citation: [2008] UKPC 54
Human Rights: Right to work
The appointment of employees is by virtue of s 89(1) of the Constitution, to be carried out by the Public Service Commission. On 18 May 1999, the Commission delegated the power of appointment of Health Care Assistants (HCAs) to the Permanent Secretary of the Ministry, V. On 24 September 2004 an advertisement was issued, inviting …Read more
Botros v Beadle
Country: CanadaYear: 2007
Court: Ontario Superior Court of Justice – Divisional Court
Citation: [2007] OJ No 3156
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Medical malpractice
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Botros was a specialist in psychiatry and sleep medicine. Three patients complained to the College of Physicians and Surgeons of Ontario (“the CPSO”) that Botros improperly diagnosed and treated them and that his communications were rude and unprofessional. It was also alleged that Botros withheld information and patient data from the successor physician. The Inquiries, …Read more