M. v. United Kingdom
Country: United KingdomYear: 2007
Court: European Court of Human Rights
Health Topics: Health information, Mental health
Human Rights: Right to due process/fair trial, Right to privacy, Right to social security
The applicant, a mental health patient, brought action against the Secretary of State for Health alleging violations of Articles 8 (private life), 13 (ineffective remedy) and 46.1 (failure to change law) of the European Convention on human Rights when she was without power to change or even make objections to the identity of her ’nearest …Read more
NM v. Smith
Country: South AfricaYear: 2007
Court: Constitutional Court
Citation: [2007] ZACC 6; Case CCT 69/05
Health Topics: Health information, HIV/AIDS, Informed consent
Human Rights: Right to privacy
A publishing company published a biography on a South African member of parliament that disclosed the names of three women who were HIV-positive. The three women alleged that their names had been published in the book without their prior consent having been obtained. They had participated in clinical trials, known as the FTC 302 trials, directed …Read more
Panteleyenko v. Ukraine
Country: UkraineYear: 2007
Court: European Court of Human Rights
Citation: Application No. 11901/02
Health Topics: Health information, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
In 1999 criminal charges were brought against the applicant for abuse of power and forgery of official documents. The applicant was a private notary and, according to the prosecutors’ allegations, had fraudulently certified title and real-estate transactions using invalid registration forms. As part of the investigation into these charges, the applicant’s office was searched, and …Read more
Case 2-A-216-1/06
Country: UkraineYear: 2006
Court: Pecherskyi District Court
Citation: No. 2-A-216-1/06
Health Topics: Health information, Health systems and financing
Human Rights: Right to privacy
Plaintiff Svitlana Yuriyivna Poberezhets challenged the Order “On Approving the Form and Technical Description of a Medical Certificate and the Instructions for Filling In the Medical Certificate,” which required health care institutions to include information regarding a person’s initial and final medical diagnosis, and their associated medical codes, on a person’s medical certificate. The medical …Read more
Case 2006-139f
Country: BelgiumYear: 2006
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2006-139f, 14 September 2006
Health Topics: Health care and health services, Health information, Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to property
Tags: Access to health care, Access to treatment, Budget, Diagnostics, Examination, Health care technology, Health facilities, Health records, Medical records, Non-disclosure, Private hospitals, Public hospitals
Miguel Castro-Castro Prison v. Peru
Country: PeruYear: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R., Judgment, Inter-Am. Ct. H.R. (ser. C) No. 160 (Nov. 25, 2006).
Health Topics: Diet and nutrition, Disasters and emergencies, Health care and health services, Health information, Hospitals, Infectious diseases, Medicines, Mental health, Prisons, Sexual and reproductive health, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to privacy
During the conflict between armed groups and government forces that lasted from the 1980s until 2000, the government of Alberto Fujimori issued a law decree on April 6, 1992, ordering “the reorganization of the National Penitentiary Institute (INPE) and put[ting] the National Police of Peru in charge of the control of security at the penitentiaries.” …Read more
Royal Women’s Hospital v. Medical Practitioners Board of Victoria
Country: AustraliaYear: 2006
Court: Supreme Court of Victoria
Citation: (2006) 15 VR 22; [2006] VSCA 85
Health Topics: Disabilities, Health information, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to privacy
In January 2000, Mrs. X went to the Royal Women’s Hospital (“the Hospital”). She was 32 weeks pregnant, and, after a multiple ultrasounds, it was confirmed that her baby had skeletal dysplasia (“dwarfism”). In February, a fetal reduction procedure was done and the baby was born by stillbirth. After termination, the fetus was found to …Read more
Case 270234
Country: FranceYear: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°270234, 26 September 2005
Health Topics: Health information
Human Rights: Right of access to information, Right to privacy
The petitioners brought this challenge to a decision of the French Minister of Health and Social Welfare and to a decree legislating the patient’s right to access his/her health information held by health professionals or facility and her/his right to use the help of a mandated third person to access such information. The petitioners requested the …Read more
Case 43/2005 (XI. 14)
Country: HungaryYear: 2005
Court: Constitutional Court
Health Topics: Aging, Health information, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to privacy
The case involved two petitions that required the Constitutional Court to examine certain elements that imposed regulations on sterilization. The first petitioner challenged the constitutionality of the Minister of Health Decree 12/1987 (VIII. 19.) EüM on Sterilization (hereinafter “D1”), which imposed certain restrictions (related to age and number of prior blood children) on a person …Read more
Citizens for Health v. Leavitt
Country: United StatesYear: 2005
Court: 3rd Circuit Court of Appeal
Citation: 428 F.3d 167 (2005)
Health Topics: Health information, Health systems and financing
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
This case concerned a challenge to a rule promulgated by the United States Department of Health and Human Services pursuant to the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The original privacy rule “required covered entities to seek individual consent to use or disclose health information in all …Read more