153 judgments found.

Center for Health Human Rights and Development (CEHURD) v. Attorney General

Country: Uganda
Year: 2012
Court: Constitutional Court
Citation: Constitutional Petition No. 16 of 2011
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

The petitioners claimed that the lack of provision of basic health maternal commodities in Government Health Facilities and the negligent, unethical behavior of health workers toward expectant mothers in those facilities resulted in violations of the Constitution of the Republic of Uganda (the “Constitution”). Specifically, the petitioners claimed violations of the right to health and …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Childbirth, Children, Cruel treatment, Degrading treatment, Essential medicines, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health spending, Humiliating treatment, Inadequate treatment, Inappropriate treatment, Indigent, Infant health, Infant mortality, Inhuman treatment, Low income, Maternal health, Maternal mortality, Midwifery, Negligence, Out-of-pocket expenditures, Pediatric health, Poor, Pregnancy, Primary care, Public hospitals, Remedies, Subsidies, Underprivileged
Download Judgment: English

Centre for Addiction and Mental Health v. Ontario

Country: Canada
Year: 2012
Court: Ontario Court of Appeal
Citation: 2012 ONCA 342
Health Topics: Hospitals, Informed consent, Mental health, Prisons
Human Rights: Right to liberty and security of person
Facts:

The Centre for Addition and Mental Health (CAMH) and the Mental Health Centre Penetanguichene (MHCP)appealed an order by the Mental Disorder Court to send a person accused of sexual assault to a hospital for psychiatric treatment. The judge knew that beds for treatment would not be available until six days later. The appeal was on …Read more

Tags: care, Compulsory commitment, Compulsory confinement, Compulsory treatment, Criminalization, Custody, Depression, Detainee, Detention, Harm reduction, Health care professionals, Health facilities, Imprisonment, Incapacity, Incompetence, Inmate, Involuntary confinement, Involuntary treatment, Jail, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Prison conditions, Private hospitals, Psychiatry, Psychology, Public hospitals
Download Judgment: English

Koryak v. Russia

Country: Russia
Year: 2012
Court: The European Court of Human Rights
Citation: Application number 24677/10
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant was arrested and convicted of murder. The applicant alleged that he had not received proper medical attention while in detention and his detention and refusal to release despite his serious medical condition amounted to cruel treatment. He was sentenced to ten years of imprisonment in 2004. The applicant had been suffering from Tuberculosis …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Health facilities, HIV, HIV positive, HIV status, Imprisonment, Inhuman treatment, Inmate, Jail, Lung disease, People living with HIV/AIDS, PLHIV, Prison conditions, TB, Tuberculosis
Download Judgment: English

Laidlow v The Minister of Citizenship and Immigration

Country: Canada
Year: 2012
Court: Federal Court
Citation: (2012) FC 144
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to health, Right to life
Facts:

The applicant was a citizen of Saint Vincent and the Grenadines who entered Canada on a visitor visa, and remained in Canada illegally after his visa had expired. During this time, he was hospitalized after losing his eyesight and memory. He was diagnosed with a benign tumor affecting his brain and pituitary gland. The tumor …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Blind, Essential medicines, Examination, Health expenditures, Health facilities, Health funding, Health regulation, Health spending, Immigrants, Immigration, Refugees, Testing
Download Judgment: English

M v. Ukraine

Country: Ukraine
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 2452/04
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to liberty and security of person
Facts:

The applicant was hospitalized for mental illness four times between 1999 and 2006. The first time, the applicant received in-patient treating in a state-run hospital. In 2000, the applicant was registered as a person with potential mental problems with the Odessa Region Psychoneurological Dispensary. Three years later, the applicant was again involuntarily hospitalized. A doctor …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Forced examination, Forced treatment, Health facilities, Inappropriate treatment, Involuntary commitment, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory examination, Mandatory treatment, Mental disorder, Mental institution, Patient choice, Psychiatry, Public hospitals, Unauthorized treatment
Download Judgment: English

M.S. v. The United Kingdom

Country: United Kingdom
Year: 2012
Court: European Court of Human Rights
Citation: Application no. 24527/08
Health Topics: Health systems and financing, Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

After sounding a car horn repeatedly and behaving in a highly agitated manner, the applicant was arrested by police in Birmingham, United Kingdom. It was determined that before his arrest, the man had inflicted serious injury upon his aunt at his residence. He was detained under section 136 of the Mental Health Act, which allows …Read more

Tags: Community-based care, Compulsory commitment, Compulsory confinement, Cruel treatment, Degrading treatment, Examination, Health facilities, Humiliating treatment, Incapacity, Inhuman treatment, Insanity, Involuntary commitment, Involuntary confinement, Law enforcement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Police, Psychosis
Download Judgment: English

Ntsels v. Member of the Executive Council for Health, Gauteng Provincial Government

Country: South Africa
Year: 2012
Court: South Gauteng High Court, Johannesburg
Citation: CASE NO: 2009/52394
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

The plaintiff filed an action for damages against the defendant on behalf of her minor child “A” alleging that the nursing staff at the clinic failed to properly monitor the child’s fetal growth and heart beat, refer her to a hospital for ante-natal sonar tests and were negligent in providing appropriate treatment and perform a …Read more

Tags: Access to healthcare, Access to treatment, Caesarean, Child development, Childbirth, Children, Compensation, Damages, Duty of care, Emergency care, Health facilities, Inadequate treatment, Inappropriate treatment, Maternal health, Minor, Negligence, Neurological diseases, Pregnancy, Public hospitals, Remedies, Standard of care
Download Judgment: English

Panaitescu v. Romania

Country: Romania
Year: 2012
Court: The European Court of Human Rights
Citation: ECHR 152 (2012)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

The son of the former applicant continued the application after his death. The applicant’s father was diagnosed with cancer in 2005 and had a surgery for removal of a tumour from his kidney. He was first suggested vitamins and saline solution. Later on, when he went to an oncology institute, he was recommended two drugs. …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Cancer, Clinics, Experimental treatment, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Private hospitals, Public hospitals, Reimbursement, Subsidies
Download Judgment: English

Rabone v. Pennine Care NHS Foundation Trust

Country: United Kingdom
Year: 2012
Court: The Supreme Court of the United Kingdom
Citation: [2012] UKSC 2
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Right to life
Facts:

The claimants stated that the deceased was a voluntary psychiatric patient. She was assessed by the hospital as a high risk of suicide attempt as she had done so before. The hospital allowed her home leave for two days. During that period, she committed suicide. The claimants stated that the hospital and its staff were …Read more

Tags: Clinics, Compensation, Damages, Duty of care, Emergency care, Health facilities, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Non-pecuniary damages, Psychiatry, Psychology, Remedies, Standard of care, Suicide, Trauma
Download Judgment: English

Reynolds v. United Kingdom

Country: United Kingdom
Year: 2012
Court: The European Court of Human Rights
Citation: Application no. 2694/08
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to life
Facts:

The applicant’s son was admitted as a voluntary patient as he was diagnosed with schizophrenia and there was a fear that he might commit suicide. He was kept in a crisis room in the intensive care unit. However, on the first night itself, the applicant’s son jumped out of the window and died. The applicant’s …Read more

Tags: Clinics, Compensation, Damages, Duty of care, Emergency care, Health facilities, Mental disorder, Mental illness, Negligence, Non-pecuniary damage, Private hospitals, Psychiatry, Public hospitals, Remedies, Schizophrenia, Standard of care, Suicide, Tort, Trauma
Download Judgment: English