Frankowicz v. Poland
Country: PolandYear: 2009
Court: European Court of Human Rights
Citation: Application No. 53025/99
Health Topics: Health information
Human Rights: Freedom of expression, Right to due process/fair trial
Frankowicz worked as a gynecologist preparing medical reports at clients’ request. He wrote a report on the long-term treatment of one of his patients in which it was noted that the client was suffering from chronic hepatitis and cirrhosis. Furthermore, Frankowicz wrote that the client’s previous doctor “had failed to take the actions [necessary] for …Read more
J.S.C.H., et al. v. Mexico
Country: MexicoYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 02/09, Petitions 302-04 and 386-04, February 4, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Informed consent, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy, Right to social security, Right to work
This report addresses the admissibility of a petition that alleged Mexico failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to equal protection of the law and the right to humane treatment. J.S.C.H. and M.G.S. were discharged from the Mexican Army because of their HIV …Read more
K.H. and Others v. Slovakia
Country: SlovakiaYear: 2009
Court: European Court of Human Rights
Citation: App. No. 32881/04, 49 Eur. Ct. H.R. 34 (2009).
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life
The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more
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
I v. Finland
Country: FinlandYear: 2008
Court: European Court of Human Rights
Citation: Application No. 20511/03
Health Topics: Health information
Human Rights: Right to privacy
The applicant was a nurse from 1989 to 1994 at the same public hospital where she sought treatment after being diagnosed as HIV-positive in 1987. All hospital staff had access to the patient register, which contained information on patients’ diagnoses. In 1992, the applicant became suspicious that her colleagues became aware of her diagnosis through …Read more
Mechenkov v. Russia
Country: RussiaYear: 2008
Court: European Court of Human Rights
Citation: App. No. 35421/05, Eur. Ct. H.R. 122 (2008).
Health Topics: Health care and health services, Health information, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Applicant, a Russian national serving a prison sentence and suffering from tuberculosis and chronic hepatitis C, alleged the state violated his Article 3 rights under the European Convention on Human Rights (ECHR) because he was denied the necessary medical treatment. He also alleged that he was held with inmates suffering from active tuberculosis and hepatitis …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
Wyndowe v. Rousseau & Anor.
Country: CanadaYear: 2008
Court: Federal Court of Appeal
Citation: 2008 FCA 39
Health Topics: Health information
Human Rights: Right of access to information
R received long-term disability benefits from an insurer, Maritime Life (“ML”). Pursuant to the terms of that insurance policy, ML had the right to commission an independent medical examination (“IME”) of R. ML retained the services of W to complete an IME on R. Following completion of the IME, W sent a formal written report …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
L.L v. France
Country: FranceYear: 2007
Court: The European Court of Human Rights
Citation: Case No. 7509/02
Health Topics: Health information
Human Rights: Right to privacy
In a proceeding for divorce, a confidential medical document (a correspondence between the applicant’s doctor and a specialist) indicating the applicant’s alcoholism was relied upon. The judge further quoted paragraphs from the document in his judgment and the divorce was granted on the grounds of fault committed by the applicant. The applicant’s request for legal …Read more