P. and S. v. Poland
Country: PolandYear: 2013
Court: European Court of Human Rights
Citation: Application No. 57375/08
Health Topics: Health care and health services, Health information, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to liberty and security of person, Right to privacy
The Applicants were a Polish girl who was raped at the age of 14, resulting in pregnancy, and her mother. The applicants alleged that, when they sought an abortion, which is legal under Polish law for pregnancy resulting from rape, hospital staff attempted to dissuade the girl from having an abortion. At one hospital, she …Read more
R. v. Felix
Country: CanadaYear: 2013
Court: Ontario Court of Appeal
Citation: 2013 ONCA 415
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
As a result of his alleged non-disclosure of his HIV-positive status to 3 complainants prior to engaging in sexual relations, the appellant (defendant), Lester Felix, was convicted of five counts of aggravated sexual assault and one count of sexual assault. Felix appealed all convictions. There was no evidence of the appellant’s level of risk of …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
Gillberg v. Sweden
Country: SwedenYear: 2012
Court: European Court of Human Rights
Citation: Application No. 41723/06; [2010] ECHR 1676
Health Topics: Health information
Human Rights: Freedom of expression, Right to privacy
The applicant is a 50-year old professor specializing in child and adolescent psychiatry, at the University of Gothenburg. A neuropsychiatry research project, the Gothenburg Study, focusing on Attention-Deficit Hyperactivity Disorder (ADHD) in children was carried out from 1977 to 1992 at the University of Gothenburg. The researchers assured “the children’s parents and later to the …Read more
H v. Finland
Country: FinlandYear: 2012
Court: European Court of Human Rights
Citation: Application No. 37359/09
Health Topics: Health information, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
The applicant, H., was born male, married a woman, and had a child. She was diagnosed as transgender during the course of the marriage, whereupon she changed her first names and renewed her passport and driver’s license. However, her request to have her identity number changed was refused based on sections 1 and 2 of …Read more
Varapnickaite-Mazyliene v. Lithuania
Country: LithuaniaYear: 2012
Court: European Court of Human Rights
Citation: Application No. 20376/05
Health Topics: Child and adolescent health, Health information
Human Rights: Right to privacy
The applicant in this case brought a lawsuit against the Republic of Lithuania under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). She alleged her right to respect for her private life, protected by Article 8 of the Convention, had been violated by employees of the Children’s Welfare …Read more
Case GKPI10-1601
Country: RussiaYear: 2011
Court: Supreme Court
Citation: Case No. ГКПИ10-1601
Health Topics: Child and adolescent health, Health information, Sexual and reproductive health
Human Rights: Right of access to information, Right to family life
N.T.V., a recipient of auxiliary reproductive technology (ART), submitted an application to declare invalid part of an order issued by the Ministry of Healthcare on February 26, 2003. The order (No. 67) approved instruction on the usage of various methods of ART. In particular, N.T.V. objected to paragraph 6, which prevents the establishment of paternity …Read more
NASA v. Nelson
Country: United StatesYear: 2011
Court: Supreme Court
Citation: 131 S.Ct. 746 (2011)
Health Topics: Controlled substances, Health information
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
This case involved a challenge to background checks for government jobs on the basis of constitutional privacy. Nelson and twenty-seven other federal contract employees, working for NASA at a government laboratory at the California Institute of Technology, claimed that two elements of a standard employment background investigation violated their constitutional rights: a questionnaire that asked …Read more
Pliva v. Mensing
Country: United StatesYear: 2011
Court: Supreme Court
Citation: 131 S.Ct. 2567 (2011)
Health Topics: Health information, Health systems and financing, Medicines
Metoclopramide is a drug commonly used to treat digestive tract problems such as diabetic gastroparesis and gastroesophageal reflux disorder. In 1980, the Food and Drug Administration (FDA) first approved metoclopramide tablets under the brand name Reglan. Generic manufacturers also began producing metoclopramide five years later. Over its usage history, evidence accumulated that long-term metoclopramide use …Read more
Rt 2011 s 1433
Country: NorwayYear: 2011
Court: Supreme Court
Citation: Employment and Social Welfare Department v A ( Case No. HR-2011-2072-A)
Health Topics: Health information, Medical malpractice
Human Rights: Right to privacy
A doctor was ordered to disclose the medical records of 12 patients, including the plaintiff. The doctor appealed the order to the Labor and Welfare Agency, which rejected the appeal. The plaintiff appealed the same order, but was also rejected since the order was not an “individual decision” making the plaintiff deemed to not be …Read more