F v. West Berkshire Health Authority and Anr.
Country: United KingdomYear: 1989
Court: House of Lords
Citation: [1989] 2 All ER 545
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
F was a 36 year old adult woman who suffered from a disability that left her with the mental capacity of a young child. She had been a voluntary in-patient at a mental hospital since the age of 14, where she received treatment and enjoyed a great degree of freedom of movement. Although the facility …Read more
H. v. France
Country: FranceYear: 1989
Court: European Court of Human Rights
Citation: Application No. 10073/82; (1989) 12 EHRR 74
Health Topics: Disabilities, Health information, Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial
The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia. In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more
R v. Dyment
Country: CanadaYear: 1988
Court: Supreme Court of Canada
Citation: [1988] 2 SCR 417
Health Topics: Controlled substances, Health care and health services, Health information, Hospitals, Informed consent
Human Rights: Right to due process/fair trial, Right to privacy
The respondent had an accident and suffered a head laceration. A police officer drove the respondent to the hospital where the doctor collected free-flowing blood for medical purposes from the respondent who was unconscious. He gave the blood to a police officer who did not have a search warrant or patient consent. The patient was …Read more
Baricalla de Cisilotto, María del Carmen v. Estado Nacional (Ministerio de Salud y Acción Social)
Country: ArgentinaYear: 1987
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 201. XXI.
Health Topics: Health care and health services
Human Rights: Right to health, Right to life
The plaintiff, the legal representative of her underage son who suffered from cancer, filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State, the Ministry of Health and Social Action to condemn them to supply an experimental treatment that was tested in some patients, including the plaintiff’s son. The experimental drug …Read more
E. (Mrs.) v. Eve
Country: CanadaYear: 1986
Court: Supreme Court
Citation: [1986] 2 S.C.R. 388
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Eve was a mentally disabled young woman suffering from a condition that made it extremely difficult for her to communicate with others. She was not capable of understanding the consequential relationship between intercourse, pregnancy and birth. Mrs. E, her mother, was concerned that Eve might innocently become pregnant, which would mean that she, an elderly …Read more
Gillick v. West Norfolk and Wisbech Area Health Authority and Anr.
Country: United KingdomYear: 1985
Court: House of Lords
Citation: [1985] 3 All ER 402
Health Topics: Child and adolescent health, Health care and health services, Health information, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
The Department of Health and Social Security (DHSS) issued a memorandum of guidance to local health authorities that stated that, inter alia, “consultations between doctors and patients are confidential,” even for children less than 16. The memorandum noted that while “it would be most unusual,” a doctor could advise the child regarding contraception without parental …Read more
Sidaway v. Bethlem Royal Hospital and Ors.
Country: United KingdomYear: 1985
Court: House of Lords
Citation: [1985] AC 871; [1985] 1 All ER 643
Health Topics: Informed consent, Medical malpractice, Medicines
Human Rights: Right to bodily integrity, Right to health
Ms. Sidaway brought an action in negligence against Bethlem Royal Hospital and the hospital’s surgeon after she was left severely disabled from a spinal operation. Ms. Sidaway, who suffered from constant shoulder and neck pains, was advised by a surgeon employed by the hospital to have an operation on her spinal column to relieve her …Read more
H.L. v. Matheson
Country: United StatesYear: 1981
Court: Supreme Court
Citation: 450 U.S. 398 (1981)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
The Appellant, H.L., brought this class action suit challenging a Utah law which required a physician to notify, if possible, the parents or guardian of a minor upon whom an abortion was to be performed. H.L. represented a class consisting of unmarried minor women who wished to terminate their “unwanted pregnancies” but were unable to …Read more
Simopoulos v. Virginia
Country: United StatesYear: 1981
Court: Supreme Court
Citation: 462 U.S. 506 (1983)
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
The Appellant, an obstetrician gynaecologist, brought suit challenging the constitutionality of a Virginia statute, which required second-trimester abortions to be performed in a licensed hospital. The Appellant instituted these proceedings after he was indicted for unlawfully performing an abortion during the second trimester of a pregnancy outside of a licensed hospital. The Appellant performed an …Read more
Saguir y Dib, Claudia Graciela s/Autorización
Country: ArgentinaYear: 1980
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Fallos 302:1284
Health Topics: Child and adolescent health, Informed consent
Human Rights: Right to bodily integrity, Right to family life, Right to health, Right to life
The parents of the 17 years old plaintiff, Claudia Graciela Saguir y Dib, filed an authorization on behalf of their daughter for her to be able to donate her kidney to her brother, who was suffering from chronic renal terminal failure. Law 21.541, art. 13, established that a person over 18 years old could donate …Read more