Maurice v. France
Country: FranceYear: 2005
Court: European Court of Human Rights
Citation: Application No. 11810/03; (2006) 42 EHRR 42; [2005] ECHR 683
Health Topics: Child and adolescent health, Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property
The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Didier and Sylvia Maurice. Mr. and Mrs. Maurice submitted an application to the Paris Administrative Court for an assessment of …Read more
Qobalia v. Ministry of Labour, Health and Social Affairs
Country: GeorgiaYear: 2005
Court: Supreme Court
Citation: Case No. bs-434-25 (3k-05)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health information, Medicines
Human Rights: Right to health, Right to life
The plaintiffs alleged violations of the statute on the Protection of Consumers’ Rights for the failure of the respondents to develop standards of evaluation regarding imported vaccinations and the failure to notify the public about the risks associated with the imported vaccinations. G. Qobalia was a 12 year-old healthy child. He was vaccinated against Hepatitis …Read more
Yakye Axa Indigenous Community of the Enxet-Lengua People v. Paraguay
Country: ParaguayYear: 2005
Court: Inter-American Court of Human Rights
Citation: Series C No. 125, June 17, 2005
Health Topics: Aging, Child and adolescent health, Diet and nutrition, Health care and health services, Poverty
Human Rights: Freedom of movement and residence, Right to a clean environment, Right to due process/fair trial, Right to food, Right to health, Right to housing, Right to life, Right to property, Right to water and sanitation, Rights to the benefits of culture
Petitioners, leaders of the Yakye Axa indigenous community of the Enxet-Lengua people, filed suit against the Republic of Paraguay alleging violations articles 4 (right to life) and 25 (right to judicial Protection) of the American Convention on Human Rights (the Convention). They further alleged that Paraguay ignored article 27 of the International Covenant on Civil …Read more
Yakye Axa Indigenous Community v. Paraguay
Country: ParaguayYear: 2005
Court: Inter-American Court of Human Rights
Citation: Yakye Axa Indigenous Cmty. v. Para., Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 125 (June 17, 2005).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Medicines, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to life, Right to property
The indigenous community of Yakye Axa, a traditional society of hunter-gatherers, was resettled as part of a development program in Paraguay started in 1979. They were displaced to lands with a natural environment and resources that were different from the Yakye Axa’s traditional territory and incompatible with their traditional means of subsistence. They also faced …Read more
Berishvili v. Rustavi City Hall, et al.
Country: GeorgiaYear: 2004
Court: Court of Cassation
Citation: Case no. bs-205-172-k-04
Health Topics: Child and adolescent health, Environmental health, Health care and health services, Health systems and financing, Mental health, Public safety
Human Rights: Right to a clean environment
Petitioner Berishvili requested reimbursement from defendants Rustavi City Hall and LLC “Cultural and Recreational Park” for medical expenses incurred by her son after he was injured in a city park. Petitioner and her son went to the Cultural Recreation Park in Rustavi City. While at the park, a poisonous snake bit her son who required …Read more
Canadian Foundation for Children, Youth and the Law v. Canada
Country: CanadaYear: 2004
Court: Supreme Court
Citation: [2004] 1 S.C.R. 76; I.L.D.C. 177 (CA 2004); 2004 S.C.C. 4
Health Topics: Child and adolescent health
Human Rights: Freedom from discrimination, 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
This case involved a challenge to the constitutionality of s. 43 of the Criminal Code, which excluded reasonable physical correction of children by parents and teachers from the definition of assault under the Criminal Code, R.S.C. 1985, c. C-46, s.265. The Canadian Foundation for Children, Youth and the Law (the Foundation) sought a declaration to …Read more
Case 54/2004 (XII.13.)
Country: HungaryYear: 2004
Court: Constitutional Court
Health Topics: Child and adolescent health, Controlled substances
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Five petitions brought separate challenges to Act IV of 1978 on the Hungarian Criminal Code (“Act”) related to the misuse of narcotic drugs. They argued that the Parliament had failed to ensure the exercise of the right to self-determination when it ordered the punishment of the production and cultivation of a small amount of narcotic …Read more
Christian Lawyers’ Association v. Minister of Health
Country: South AfricaYear: 2004
Court: High Court - Transvaal Provincial Division
Citation: 2004 (10) BCLR 1086 (T)
Health Topics: Child and adolescent health, Informed consent, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to health, Right to liberty and security of person, Right to privacy
Christian Lawyers’ Association (“plaintiff”) submitted an action seeking to find unconstitutional sections of the Choice on Termination of pregnancy Act 92 of 1996 (“the Act”). The sections enabled women under the age of 18 to terminate their pregnancy without restrictions such as parental consent, parental consultation, required counselling, or a waiting period (collectively called “parental …Read more
Community of San Mateo de Huanchor v. Peru
Country: PeruYear: 2004
Court: Inter-American Commission on Human Rights
Citation: Report No. 69/04, Case 504/03, October 15, 2004; OEA/Ser.L/V/II.122 Doc. 5 rev. 1 at 487, 23 February 2005
Health Topics: Child and adolescent health, Environmental health
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to bodily integrity, Right to family life, Right to life, Right to participation, Right to property
This report addresses the admissibility of a petition that alleged Peru failed to fulfill its obligations under the American Convention on Human Rights (the Convention). The Petitioner was the National Coordinator of Communities of Peru Affected by Mining (CONACAMI), representing members of the Community of San Mateo de Huanchor, in their claim that the State …Read more
Glass v. The United Kingdom
Country: United KingdomYear: 2004
Court: European Court of Human Rights
Citation: Glass v. U.K., App. No. 61827/00, 39 Eur. H.R. Rep. 15 (2004).
Health Topics: Child and adolescent health, Disabilities, Health systems and financing, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to family life, Right to privacy
Applicants, a severely handicapped child and his mother (and legal proxy) Ms. Glass, claimed an Article 8 violation (right to respect for private life) when Ms. Glass’ objection to a course of medical treatment was overruled by the medical staff. As a legal proxy, the mother gave authorization to the doctors at St Mary’s Hospital …Read more