Case 1316B/1995
Country: HungaryYear: 1996
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health
A petition was filed challenging the constitutionality of Section 24 Paragraph 4 of Government Decree 103/1995 (VIII. 25.) on Certain Issues of Social Security Funding of Health Care and its Annex No. 6. It was argued that as a result of these provisions, equal in patient care as a constitutional right, was violated. Financing was …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
B v. France
Country: FranceYear: 1992
Court: The European Court of Human Rights
Citation: Application No. 57/1990/248/319
Health Topics: Health care and health services, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Right to family life
The applicant’s (B) gender was registered with the civil status registrar as male. Right from an early age, the applicant adopted female behavior and was considered a girl by her siblings. She completed her military service in Algeria and moved to Paris, working in a cabaret. She was treated in a hospital for a month …Read more
McInerney v. MacDonald
Country: CanadaYear: 1992
Court: Supreme Court of Canada
Citation: [1992] 2 S.C.R. 138
Health Topics: Health care and health services, Health information, Hospitals
Human Rights: Right of access to information
The respondent, patient, had requested copies of her complete medical records from her physician, the appellant. The patient’s physician provided copies of all the records that she had prepared to the patient. However, she refused to provide copies of the medical reports and records, which she had received from other physicians who had treated the …Read more
Margareta and Roger Anderson v. Sweden
Country: SwedenYear: 1991
Court: The European Court of Human Rights
Citation: Case No. 61/1990/252/323
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Hospitals, Mental health
Human Rights: Right to family life, Right to privacy
Roger Anderson (son of Margareta) was taken into public care on a provisional basis. When he started school, it was found that he lacked social skills and maturity. Margareta rejected suggestions made by the Social welfare authorities. Roger stopped attending school in December 1984. Margareta and Roger moved to an address unknown to the authorities …Read more
Santa Cruz v. Northwest Dade Community Health Center, Inc.
Country: United StatesYear: 1991
Court: Third District Court of Appeal, Florida
Citation: 590 S.2d 444 (1991)
Health Topics: Hospitals, Medical malpractice
The case discussed the limits of a medical facility’s liability for acts committed by an individual treated on an outpatient (loosely defined, an outpatient is a patient who visits a medical center for diagnosis or treatment, but does not stay overnight at the facility. Per contra, an inpatient is admitted for close monitoring of the …Read more
Case 37/1989
Country: SpainYear: 1989
Court: Supreme Court
Citation: Spanish Constitutional Court Courtroom 1st, S 15-2-1989, No.37/1989, Spanish Official Bulletin 52/1989, March 2, 1989, rec 235/1989
Health Topics: Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
On November 5 1986, the Court of First Instance and Preliminary Investigations No. 10 of Malaga ordered the search of a medical clinic where criminal actions (specifically, the administration of abortions) were allegedly taking place. In so doing, information regarding the medical history of Ms. Ximena’s (the appellant) was recorded. On November 21, 1986, the …Read more
Vikram v. State of Bihar
Country: IndiaYear: 1988
Court: Supreme Court
Citation: 1988 AIR 1782; 1988 SCR Supl. (1) 755;1988 SCC Supl. 734; JT 1988 (3) 186; 1988 SCALE (2) 325
Health Topics: Diet and nutrition, Health care and health services, Hospitals, Mental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to housing, Right to life, Right to water and sanitation
This writ petition had been filed in the Supreme Court under Article 32 of the Constitution (right to move the Supreme Court for violation of fundamental rights), as a result of a letter outlining the condition of women in a “care home.” It was alleged in the letter that female inmates were made to live …Read more
Case 24735
Country: FranceYear: 1982
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°24735
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
A private care establishment that was denied its request for approval appealed the judgment on the grounds of abuse of power by the social and sanitary action inspector, who was deleted this task by the prefect.
Simopoulos v. Virginia
Country: United StatesYear: 1981
Court: Supreme Court
Citation: 462 U.S. 506 (1983)
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
The Appellant, an obstetrician gynaecologist, brought suit challenging the constitutionality of a Virginia statute, which required second-trimester abortions to be performed in a licensed hospital. The Appellant instituted these proceedings after he was indicted for unlawfully performing an abortion during the second trimester of a pregnancy outside of a licensed hospital. The Appellant performed an …Read more