72 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

M.J.T v. D.M.D

Country: Canada
Year: 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
Facts:

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

Tags: Children, Hepatitis, Immunization, Infant health, Measles, Meningitis, Minor, Pediatric health, Polio, Rubella, Vaccination, Vaccines
Download Judgment: English

Sandesh Bansal v. Union of India and others

Country: India
Year: 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
Facts:

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

Tags: Abortion, Access to drugs, Access to health care, Access to medicines, Access to treatment, Budget, Clean water, Clinics, Emergency care, Health care professionals, Health care technology, Health care workers, Health expenditures, Health facilities, Health funding, Health spending, Infant health, Low income, Maternal health, Maternal mortality, Out-of-pocket expenditures, Poor, Pregnancy, Primary care, Public hospitals, Termination of pregnancy, Unsafe abortion, Vaccination
Download Judgment: English

Case No. STS 3527/11

Country: Spain
Year: 2011
Court: Supreme Court
Health Topics: Child and adolescent health, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Facts:

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

Tags: AIDS, Childbirth, Children, Condoms, HIV, HIV positive, HIV status, Infant health, Minor, Pediatric health, People living with HIV/AIDS, PLHIV, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English

Case of Ternovszky v. Hungary

Country: Hungary
Year: 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
Facts:

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

Tags: Access to healthcare, Access to treatment, Child and adolescent health, Childbirth, Health care, Health care and health services, Health care professionals, Infant health, Infant mortality, Informed choice, Informed consent, Maternal health, Maternal mortality, Midwifery, Patient choice, Pregnancy, Sexual and reproductive health
Download Judgment: English

Case 2010-2 QPC

Country: France
Year: 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
Facts:

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

Tags: Abortion, Abortion counseling, Access to health care, Children, Compensation, Disabled, Handicapped, Health insurance, Health regulation, Infant health, Minor, Misdiagnosis, Therapeutic abortion
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Case 2975 K/Pdt/2009

Country: Indonesia
Year: 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
Facts:

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

Tags: Awareness, Children, Disclosure, Food, Food poisoning, Food safety, Food-borne diseases, Freedom of information, Infant health, Meningitis, Minor, Non-disclosure, Pediatric health, Safety regulation
Download Judgment: English Indonesian

Case 5299/2010

Country: Spain
Year: 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
Facts:

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

Tags: Caesarean, Childbirth, Compensation, Compulsory treatment, Damages, Diagnostics, Emergency care, Forced treatment, Health care professionals, Health care workers, Inappropriate treatment, Infant health, Informed choice, Involuntary treatment, Maternal health, Midwifery, Patient choice, Pregnancy, Remedies, Standard of care
Download Judgment: English

Case 7026/2010

Country: Spain
Year: 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
Facts:

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

Tags: Caesarean, Childbirth, Children, Compensation, Damages, Diabetes, Health care professionals, Health care workers, Inadequate treatment, Infant health, Informed choice, Maternal health, Patient choice, Pediatric health
Download Judgment: English Spanish

Claimants v Fonterra Brands (China) Limited

Country: China
Year: 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
Facts:

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

Tags: Child and adolescent health: Child development, Children, Compensation, Diet and nutrition: Food safety, Duty of care, Infant health, Minor, Negligence, Remedies, Tort
Download Judgment: English