Center for Health Human Rights and Development (CEHURD) v. Attorney General
Country: UgandaYear: 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
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
M.J.T v. D.M.D
Country: CanadaYear: 2012
Court: Supreme Court of British Columbi
Citation: 2012 BCSC 863
Health Topics: Child and adolescent health, Health care and health services, Infectious diseases, Medicines
Human Rights: Right to health
Mr. T. and Ms. D separated after three years of marriage when their child- V was two years old. The couple had major disagreements over the care and custody arrangements. Ms. D. was given sole interim custody and authority over all health care decisions. Ms. D. refused to vaccinate the child against common infectious diseases. …Read more
Sandesh Bansal v. Union of India and others
Country: IndiaYear: 2012
Court: High Court - Madhya Pradesh
Citation: Writ Petition No. 9061/2008
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medicines, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to life
The petitioner is a social activist that works on raising concern over the high maternal mortality in the Indian state of Madhya Pradesh. The petitioner alleged that the state’s program to reduce the maternal mortality rate (MMR) had failed to be implemented effectively in Madhya Pradesh. The petitioner had filed this petition, alleging that about …Read more
Case No. STS 3527/11
Country: SpainYear: 2011
Court: Supreme Court
Health Topics: Child and adolescent health, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Appellee was diagnosed with HIV in 1994. In 1996, he began a relationship with appellant, during which time he used condoms but did not inform appellant of his HIV-positive status. The condom broke on several occasions, and ultimately appellant became pregnant and HIV-positive, and when she gave birth to their daughter, the daughter also was …Read more
Case of Ternovszky v. Hungary
Country: HungaryYear: 2010
Court: European Court of Human Rights
Citation: no. 67545/09, ECHR 2010
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to privacy, Right to social security
The applicant, Anna Ternovszky, a pregnant woman who intended to give birth at home, filed a complaint before the European Court of Human Rights., alleging that s. 101(2) of Government Decree no. 218/1999 (XII.28.) violated her rights under the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). Ternovszky claimed that health professionals were …Read more
Case 2010-2 QPC
Country: FranceYear: 2010
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2010-2 QPC, June 11th 2010
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to social security
The QPC (Question prioritaire de constitutionnalité) process was created in France in 2008. It allows for preliminary rulings on the conformity of a legal provision with the Constitution. This disposition challenged the 2002 law (Paragraph I of section 1 of the Act of March 4th 2002) that states “No one shall claim he has sustained …Read more
Case 2975 K/Pdt/2009
Country: IndonesiaYear: 2010
Court: Supreme Court
Health Topics: Child and adolescent health, Diet and nutrition, Health information, Infectious diseases, Public safety
Human Rights: Right of access to information
The plaintiff was the father of two children whose second child was breastfed for the first 6 months and then was switched to a milk formula. In 2008, the Bogor Agricultural Institution published research that there were a number of infant formulas which were contaminated by enterobactersakazakii bacteria which could cause enteritis, sepsis and meningitis. …Read more
Case 5299/2010
Country: SpainYear: 2010
Court: Supreme Court of Justice of Castilla-Leon
Citation: STSJCL 5299/2010
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
The appellant gave birth in the Hospital Universitario of Salamanca to a child born with shoulder dystocia. She brought an administrative claim against the relevant insurance company, requesting compensation in the amount of 140,036.65 Euros. She based her claim on the facts that (a) her baby’s medical history was not completed but only included gynecologist …Read more
Case 7026/2010
Country: SpainYear: 2010
Court: Supreme Court
Citation: STS 7026/2010
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Informed consent, Medical malpractice, Sexual and reproductive health
The petitioner’s childbirth resulted in a child with disability. The petitioner had diabetes, a history of intravenous drug use, hepatitis B and C, and an obstetric history that included two abortions and two previous eutocic (vaginal) deliveries. When in the 35th week of her pregnancy, the petitioner went into preterm labor. The next day the …Read more
Claimants v Fonterra Brands (China) Limited
Country: ChinaYear: 2010
Court: The Small Claims Tribunal, Hong Kong Special Administrative Region
Citation: SCTC15980/10; SCTC15981/10; SCTC15982/10; SCTC15983/10
Health Topics: Child and adolescent health, Diet and nutrition
Human Rights: Right of access to information, Right to bodily integrity, Right to food
The claimants, residents of Mainland China, were parents and their children who suffered physical injuries from consuming contaminated dairy products. The claimants sought monetary compensation from the defendant, from whom they had purchased the contaminated products. The defendant is a 43% material shareholder of Sanlu Group, the manufacturer and distributor of the products. The claimants …Read more