Sell v. United States
Country: United StatesYear: 2003
Court: Supreme Court
Citation: 539 U.S. 166 (2003)
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person
Petitioner, Sell, had a long history of mental illness. In 1998, a federal grand jury issued an indictment charging Sell with attempting to murder an FBI agent who had arrested him in connection with a separate charge of mail fraud and a former employee who planned to testify against him in the upcoming fraud case. …Read more
Starson v. Swayze
Country: CanadaYear: 2003
Court: Supreme Court
Citation: (2001) 201 D.L.R. (4th) 123, 146 O.A.C. 121, 33 Admin. L.R. (3d) 315
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity
The respondent Starson was a physicist who was diagnosed with bipolar disorder and had intermittently received treatment in various mental institutions in the United States and Canada. Historically, he had used medication to regulate the condition. However, the side effects dulled Starson’s mind, and he refused further treatment, despite being informed his condition would deteriorate …Read more
Zheng Xuefeng and Chen Guoqing v . People’ s Hospital of Jiangsu Province [郑雪峰、陈国青诉江苏省人民医院医疗服务合同纠纷案)]
Country: ChinaYear: 2003
Court: Intermediate People’s Court of Nanjing City [中华人民共和国江苏省南京市中级人民法院]
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
The Plaintiffs Zhen Xuefeng and Chen Guoqing were a married couple seeking a fertility treatment. They signed a contract regarding such assisted reproduction with defendant People’s hospital of Jiangsu Province (“People’s hospital”). The contract did not specify which of two fertilization techniques (Intra-Cytoplasmic Sperm Injection (“ICSI”) or In Vitro Fertilization (“IVF”)) would be used, however …Read more
Yasser Mohamed Salah, et al. v. Egypt
Country: EgyptYear: 2002
Court: UN Human Rights Council's Working Group on Arbitrary Detention
Citation: Opinion No. 7/2002 (Egypt); E/CN.4/2003/8/Add.1 at 68
Health Topics: Informed consent, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to liberty and security of person
At least 55 men were arrested in Cairo on grounds of their sexual orientation during a police raid of a discotheque. The raid occurred after undercover officers entered the bar and observed and filmed dancing. The police targeted men who appeared to be homosexuals or who were not accompanied by women. One man was slapped …Read more
Case 198546
Country: FranceYear: 2001
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°198546, 26 October 2001
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life
The plaintiff’s husband was hospitalized due to severe renal failure. Conscious of his severe state of health, the husband wrote a statement ten days later stating that, as a Jehovah’s Witness, he refused to get any blood products or transfusions, even if there were essential to his survival. The doctors gave him a blood transfusion …Read more
Ferguson v. City of Charleston
Country: United StatesYear: 2001
Court: Supreme Court
Citation: 532 U.S. 67 (2001)
Health Topics: Child and adolescent health, Controlled substances, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Petitioners were former patients who received obstetrical care at the Medical University of South Carolina (MUSC), a public hospital in the city of Charleston, and who were arrested after testing positive for cocaine. In 1988, concerns arose among MUSC staff about an apparent increase in the use of cocaine by patients who were receiving prenatal …Read more
Medical and Dental Practitioners Disciplinary Tribunal v. Okonkwo
Country: NigeriaYear: 2001
Court: Supreme Court
Citation: (2002) AHRLR 159 (NgSC 2001); [2001] WRN 1
Health Topics: Health care and health services, Informed consent, Medical malpractice
Human Rights: Freedom of expression, Freedom of religion, Right to bodily integrity, Right to privacy
The Medical and Dental Practitioners Disciplinary Tribunal (“the Tribunal”) brought charges to determine whether a practitioner is guilty of punishable “infamous conduct” when in deference to a patient’s religious views which he failed to provide live-saving blood transfusions, refer the patient to another practitioner, or terminate his medical contract. The patient, Martha Okorie, and her …Read more
In re A (children)
Country: United KingdomYear: 2000
Court: Court of Appeal, Civil Division
Citation: [2000] EWCA Civ 254
Health Topics: Child and adolescent health, Disabilities, Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to life
Jodie and Mary were conjoined twins connected at the lower abdomen. Each had their own vital organs, but one of Jodie’s arteries supplied oxygenated blood to Mary. The twins were surgically capable of being separated, but doing so would leave Mary’s deficient heart and lungs without support and lead to her death. However, if the …Read more
Varbanov v. Bulgaria
Country: BulgariaYear: 2000
Court: European Court of Human Rights
Citation: App. No. 31365/96, Eur. Ct. H.R. 457 (2000).
Health Topics: Health care and health services, Health systems and financing, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Applicant was accused of being mentally ill and dangerous. The District Prosecutor’s Office opened an inquiry. A police officer heard the applicant, who allegedly presented a document issued by a psychiatrist certifying that he was mentally fit. Later applicant refused an invitation by the prosecutor to undergo psychiatric examination therefore he was forcefully detained at …Read more
In re C (a child)
Country: United KingdomYear: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 3007
Health Topics: Child and adolescent health, HIV/AIDS, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
C’s mother was HIV infected. C, who was born in April 1999 was breastfed by her mother despite concern that this increased C’s potential to become infected by HIV if she was not already HIV positive. The local authority sought a direction for a blood test to be carried out to test C’s HIV status …Read more