Case 33-3161
Country: RussiaYear: 2002
Court: Arhangelsk Regional Court
Health Topics: Health information, Hospitals
Human Rights: Right of access to information
The applicant filed a complaint against the administration of the city child clinic in the city of Mirniy. The clinic refused to give the applicant the original medical history documents for her minor daughter. The Constitution of the Russian Federation and related legislation obligated institutions to provide relevant health care information upon a citizen’s request. …Read more
Case 33-1754
Country: RussiaYear: 2001
Court: Regional Court of Voronez
Health Topics: Health information
I.E.V. claimed that a hospital refused to provide him with information which affected his rights, in relation to a criminal matter. It appeared that this information concerned the health and medical history of P.O.V. The lower court held that, without the consent of P.O.V., the hospital was correct in not disclosing such information to I.E.V. …Read more
Doe v. Delie
Country: United StatesYear: 2001
Court: 3rd Circuit Court of Appeal
Citation: 257 F.3d 309 (2001)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
The Appellant, Doe, an HIV-positive former inmate of the State Correctional Institution at Pittsburgh (SCIP), brought this claim against SCIP officials, alleging that prison practices violated his constitutional right to privacy under the Fourteenth Amendment to the Constitution. SCIP medical staff informed Doe that his HIV status would be kept confidential. However, because of practices …Read more
In re subpoena v. Dwight L Bailey
Country: United StatesYear: 2000
Court: 4th Circuit Court of Appeal
Citation: 228 F.3d 341 (2000)
Health Topics: Health information, Health systems and financing
Human Rights: Right to privacy
In connection with an investigation into federal healthcare offenses, the Respondents, Dr Bailey and a professional healthcare association, were served with four subpoenas from the United States Attorney for the Western District of Virginia as authorized under 18 U.S.C. § 3486. The subpoenas required, among other things, the production of patient medical records. Section 3486(e)(1) …Read more
R v. Mills
Country: CanadaYear: 1999
Court: Supreme Court
Citation: [1999] 3 R.C.S. 668
Health Topics: Child and adolescent health, Health care and health services, Health information, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
M was charged with sexual offenses. Following an adjournment of M’s trial his counsel sought full disclosure of all therapeutic records and notes relating to the complainant in possession of a counseling organization. An order for partial disclosure was made and M sought further disclosure of psychiatric records. However, in the interim Bill C-46 had …Read more
Villagrán-Morales, et al. (“Street Children”) v. Guatemala
Country: GuatemalaYear: 1999
Court: Inter-American Court of Human Rights
Citation: Merits, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 63 (Nov. 19, 1999); Inter Joint Concurring Opinion of Judges A.A. Cancado Trinidade & A. Abreu-Burelli, Inter-Am. Ct. H.R. (ser. C) No. 63 (Nov. 19, 1999).
Health Topics: Child and adolescent health, Poverty, Violence
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
Five youths, three of whom were minors, were “street children” abducted, tortured, and killed by State security agents. The children lived in a sector of the city where violence and crime rate were high and where State officials commit illegal acts against “street children,” including “threats, arrests, cruel, inhuman and degrading treatment and homicides as …Read more
McGinley and Egan v. United Kingdom
Country: United KingdomYear: 1998
Court: European Court of Human Rights
Citation: Application No. 21825/93 and 23414/94; (1999) 27 EHRR 1
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Health systems and financing
Human Rights: Right of access to information, Right to health, Right to privacy
McGinley (M) and Egan (E) were servicemen who had been present on a Pacific island in 1958 when atmospheric tests of nuclear weapons had been carried out (five in M’s case and one in that of E). During the tests service personnel had been ordered to line-up in the open and to face away from …Read more
Norman-Bloodsaw v. Lawrence Berkeley Laboratory
Country: United StatesYear: 1998
Court: 9th Circuit Court of Appeals
Citation: 135 F.3d 1260 (9th Cir. 1998)
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice
Human Rights: Right to privacy
The Defendant, Lawrence Berkeley Laboratory (“Lawrence”) conducted mandatory pre-placement examinations of their employees. This mandatory exam took place after an employment offer but prior to the start of job duties. Each of the plaintiffs (current and former workers of the Defendant) had undergone this mandatory pre-placement exam. During these exams, plaintiffs completed medical history questionnaires …Read more
Andersson, Anne-Marie v. Sweden
Country: SwedenYear: 1997
Court: European Court of Human Rights
Citation: App. No. 20022/92, 25 Eur. H.R. Rep. 722 (1998).
Health Topics: Child and adolescent health, Health care and health services, Health information, Health systems and financing, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Applicant, a Swedish national who lived with her youngest son was unable to work as a result of dental problems which caused her severe pain, and anxiety about a dispute with her landlord. She contacted a psychiatric clinic in order to receive a medical certificate which would enable her to claim sickness benefit from the …Read more
M.S. v. Sweden
Country: SwedenYear: 1997
Court: European Court of Human Rights
Citation: App. No. 20837/92, Eur. Ct. H.R. 49 (1997).
Health Topics: Health information, Health systems and financing, Occupational health
Human Rights: Right to due process/fair trial, Right to privacy
Applicant was a Swedish citizen who slipped and fell at work. She made a claim for compensation under the Industrial Injury Insurance Act from the State Insurance Office. The applicant’s lawyer made a routine request for her file and it was revealed that the State Office had been in correspondence with the women’s clinic and …Read more