H v. Fetal Assessment Centre
Country: South AfricaYear: 2014
Court: Constitutional Court of South Africa
Citation: (CCT 74/14) [2014] ZACC 34
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
The mother of the applicant, who was born in 2008 with Down Syndrome instituted a claim on his behalf for damages against the Fetal Assessment Centre. Her son was born in 2008 with Down syndrome. She claimed that the Centre negligently failed to warn her of the high risk that her child would be born …Read more
Hamilton Health Sciences Corp. v. D.H., et al.
Country: CanadaYear: 2014
Court: Ontario Court of Justice
Citation: 2014 ONCJ 603; 2015 ONCJ 229
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Medicines
Human Rights: Right to bodily integrity
The applicant hospital sought a declaration that J.J., an 11-year-old girl, was a child in need of protection under the Child and Family Services Act (“CFSA”). J.J. was diagnosed with acute lymphoblastic leukemia (“ALL”). If treated with chemotherapy, J.J.’s physicians believed that she had a 90-95% chance of being cured. The physicians were not aware …Read more
Mohd Ahmed (Minor) v. Union of India, et al.
Country: IndiaYear: 2014
Court: High Court of Delhi
Citation: W.P.(C) 7279/2013
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Poverty
Petitioner was a 7-year-old boy suffering from a rare genetic disease called Gaucher Disease (a type of Lysosomal Storage Disorder) which, if left untreated, would render him unlikely to survive. Although Enzyme Replacement Therapy (ERT), a monthly, lifelong treatment, would afford him a normal life, the drug, due to low demand arising from the rarity …Read more
Cojocaru v. British Columbia Women’s Hospital and Health Centre
Country: CanadaYear: 2013
Court: Supreme Court
Citation: 2013 SCC 30
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
The plaintiff, who had previously given birth via caesarean section, was due to give birth a second time. Her obstetrician recommended a vaginal birth. During labor, Cojocaru’s uterus ruptured, which restricted oxygen supply to the baby. The scar from the previous caesarean contributed to the rupture, and an emergency caesarean section was performed. The baby …Read more
In the matter of Medical and Dental Practitioners Council and In the matter of the Uganda Medical and Dental Practitioners Council in the Alleged Professional Misconduct by Dr. Asinja Kapuru into the Alleged Loss of a Baby at Mulago National Referral Hospital
Country: UgandaYear: 2013
Court: Medical and Dental Practitioners Council, Uganda
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to family life
Mr. Bukenya’s wife went into labour and was admitted into the Mulago Hospital. She was operated upon by Dr. Kapuru and delivered a child by Caesarean section. The baby was not brought to her when she asked to see the baby. Mr. Bukenya was informed that his wife had delivered a male child and asked …Read more
Mellet v. Ireland
Country: IrelandYear: 2013
Court: Human Rights Committee
Citation: CCPR/C/116/D/2324/2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Health systems and financing, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to health, Right to privacy
The author of the communication stated that she became pregnant in 2011 and in her 21st week, she was informed that the foetus had congenital heart defects. She was further informed that the impairment might prove to be fatal. However the hospital told her that abortion was not possible in the current jurisdiction (Ireland) and …Read more
Case of Çoşelav v. Turkey
Country:Year: 2012
Court: European Court of Human Rights
Citation: CASE OF ÇOŞELAV v. TURKEY (Application no. 1413/07)
Bilal Çoşelav (17 years old), the applicant’s son, who had psychological problems was detained at Kars Prison. He attempted to take his life on 29th December 2003 whereupon disciplinary proceedings were brought against him for his attempted suicide but no punishment was imposed. He made another attempt on his life on 19thJanuary 2004. He was …Read more
Case of Y.Y v. Russia
Country: RussiaYear: 2012
Court: The European Court of Human Rights
Citation: Applications nos. 40378/06
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to privacy
The applicant gave premature birth to twins. One of the twins died nine hours after her birth. The second twin survived after being transferred to an intensive care unit. The applicant stated that the first child would have survived too if had been promptly transferred to the Intensive Care Unit. She sent letters to the …Read more
M.J.T v. D.M.D
Country: CanadaYear: 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
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
N.B. v Slovakia
Country: SlovakiaYear: 2012
Court: European Court of Human Rights
Citation: N.B. v Slovakia, App. No. 29518/10, Eur. Ct. H.R. (2012).
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Informed consent, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life
Ms. N.B. was of Roma ethnic origin. She was sterilized at a public hospital, at the age of 17, during the birth of her second child. Ms. N.B. asserted that she had been coerced into signing authorizations for her sterilization, that she was segregated within the hospital due to her ethnicity and that the decision …Read more