Case 649
Country: RomaniaYear: 2008
Court: National Council for Combating Discrimination
Citation: Decision No. 649 of 4 December 2008
Health Topics: Child and adolescent health, Health care and health services, Hospitals
Human Rights: Freedom from discrimination, Right to health
The petitioner claimed that the defendant hospital’s practice of only admitting mothers with sick children was discriminatory. In particular, the petitioners pointed to the defendant hospital’s notice board which read: “children up to 3 years of age are admitted along with their mothers”, and “Mother – not relatives”. However, the defendant hospital argued that this …Read more
Hadijatou Mani Koraou v.The Republic of Niger
Country: NigerYear: 2008
Court: Community Court of Justice of the Economic Community of West African States
Citation: Hadijatou Mani Koraou v. The Republic of Niger, (2008) AHRLR 182, ECOWAS.
Health Topics: Child and adolescent health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
In 1996, the plaintiff, Mrs. Hadijatou Mani Koraou, was sold at the age of 12 to 46-year-old Mr. El Hadj Souleymane Naroua, for the sum of two hundred and forty-thousand francs. This transaction occurred as a “Wahiya,” a common practice in the Republic of Niger, which consists in acquiring a young girl, generally of servile status, to serve as both …Read more
K.U. v. Finland
Country: FinlandYear: 2008
Court: European Court of Human Rights
Citation: K.U. v. Fin., App. No. 2872/02, 48 Eur. H.R. Rep. 52 (2009).
Health Topics: Child and adolescent health, Mental health, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to family life
An unknown person placed an advertisement of a sexual nature on a dating website in the name of the applicant, who was 12 years old at the time, without his knowledge, mentioning private information such as his age, year of birth, physical characteristics and his telephone number, which was accurate except for one digit. In …Read more
Mental Disability Advocacy Center (MDAC) v. Bulgaria
Country: BulgariaYear: 2008
Court: European Committee of Social Rights
Citation: Complaint No. 41/2007
Health Topics: Child and adolescent health, Mental health
Human Rights: Freedom from discrimination
The Mental Disability Advocacy Center (‘MDAC’) alleged that Bulgaria was violating Article 17(2) (right to free education for children) alone and in conjunction with Article E (non-discrimination) of the Revised European Social Charter (the ‘Charter’) because Bulgaria was not educating children with moderate to profound intellectual disabilities living in homes for mentally disabled children (‘HMDCs’). MDAC claimed that until 2002, children with moderate to …Read more
Paola Del Rosario Guzman Albarracin and Next of Kin v. Ecuador
Country: EcuadorYear: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 76/08, Petition 1055-06, October 17, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Health care and health services, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
The Centro de Derechos Reproductivos (Center for Reproductive Rights) and the Centro Ecuatoriano para la Promoción y Acción de la Mujer (Center for the Advancement and Action of Women) (CEPAM-Guayaquil) alleged that the assistant principal at the public school where Paola del Rosario Guzmán Albarracín, age 16, was a student, took advantage of his position …Read more
Pediatric Clinic of Los Lagos v. Brazil
Country: BrazilYear: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 70/08, Petition 12.242, October 16, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Hospitals, Infectious diseases, Medical malpractice, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to life
Ten children died as a result of the presumed medical negligence of the personnel at the Clínica Pediátrica da Região dos Lagos. The hospital received funds from the state via the public system of health of Brazil called Sistema Unico de Salud. The majority of children treated at the hospital were from families with “reduced …Read more
Advocate Sapana Pradhan Malla v. Prime Minister
Country: NepalYear: 2007
Court: Supreme Court
Citation: Writ No. 3561 of the year 2063 B. S (2006)
Health Topics: Child and adolescent health, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to due process/fair trial, Right to education, Right to health, Right to life, Right to privacy, Right to property, Right to work
The Forum for Women, Law and Development, the Petitioner, was an organization working with vulnerable communities such as women, children and people living with HIV/AIDS (PLHIVA). Although the right to privacy was guaranteed under Article 28 of the Interim Constitution, 2007, there were no legal provisions safeguarding the privacy of women, children, or PLHIVA (the …Read more
Agbonlahor, et al. v. Minister for Justice
Country: IrelandYear: 2007
Court: High Court
Citation: [2007] I.E.H.C. 166 (April 18, 2007)(Ir.).
Health Topics: Child and adolescent health, Mental health, Violence
Human Rights: Right to privacy
A Nigerian woman, applied on behalf of herself and her two children for refugee status in Ireland. The woman had arrived in Italy with her husband in 1996 and her two children were born there. The applicant’s husband was a writer and she claimed that because of her husband’s piece on a Nigerian “drug baron” …Read more
Berecová v. Slovakia
Country: SlovakiaYear: 2007
Court: European Court of Human Rights
Citation: Berecová v. Slovk., App. No. 74400/01, Eur. Ct. H.R. 319 (2007).
Health Topics: Child and adolescent health, Health systems and financing, Mental health, Violence
Human Rights: Right to family life, Right to privacy
Applicant is a Slovakian national who was granted custody of her two children following her divorce from her husband. The children were allegedly ill-treated, beaten and neglected by applicant and had run away from home. They manifested fear of their mother and refused to return home. A psychologist concluded that their fear resulted from punishment …Read more
Canada (Attorney General) v. JTI-MacDonald Corp., et al.
Country: CanadaYear: 2007
Court: Supreme Court
Citation: [2007] 2 S.C.R. 610, 2007 S.C.C. 30
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health information, Tobacco
Human Rights: Freedom of expression
The Canadian Parliament enacted the Tobacco Act (the Act) and the Tobacco Products Information Regulations (the Regulations) in response to the decision of the Court in RJR-Macdonald Inc. v. Canada (Attorney General) [1994] 1 S.C.R. 311, which struck down a previous version of the Act. The new legislation permitted information and brand-preference advertising but prohibited …Read more