Eugen Gabriel Radu v. Romania
Country: RomaniaYear: 2009
Court: European Court of Human Rights
Citation: Application No. 3036/04
Health Topics: Disabilities, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The plaintiff, Eugen Gabriel Radu, a Romanian national, applied to the European Court of Human Rights claiming that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, which prohibits torture and inhumane or degrading treatment. The plaintiff was sentenced in 2001 and again in 2006 for aggravated …Read more
Khrapunskiy v. Doar
Country: United StatesYear: 2009
Court: New York Court of Appeals
Citation: 12 N.Y.3d 478 (2009)
Health Topics: Aging, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
The Plaintiffs, aged, blind or disabled persons and legal resident aliens of New York State, brought these proceedings against the Commissioner of the New York State Office of Temporary and Disability Assistance (OTDA) after they became ineligible for Supplementary Security Income (SSI) from the federal government and Additional State Payments (ASP) provided by the State. …Read more
Paxton v. Ramji
Country: CanadaYear: 2008
Court: Ontario Court of Appeal
Citation: 2008 ONCA 697, 92 OR (3d) 401
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
This appeal concerns whether a doctor owes a tort law duty of care to a future child subsequently born of the doctor’s patient. Dr. Ramji prescribed Accutane to Dawn Paxton, mother of the plaintiff, Jamie Paxton, on the understanding that Dawn would not become pregnant while taking the drug. Due to her husband’s failed vasectomy, …Read more
Trevethick v. Ministry of Health
Country: New ZealandYear: 2008
Court: High Court
Citation: [2008] NZHC 415; (2008) 8 HRNZ 485; [2008] NZAR 454
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
The appellant, a woman suffering from multiple sclerosis, brought a claim against New Zealand’s Ministry of Health for discrimination contrary to s. 123(2) of the Human Rights Act, 1993. She claimed that if her disability had been caused by accident rather than illness, she would have received significantly greater disability benefits from the government under …Read more
Health Department of Sao Paulo v. Municipality of Sao Paulo
Country: BrazilYear: 2007
Court: Court of Justice for the Minority and Collective Interest [Procuradoria da Jutica de Interesses Difusos e Coletivos]
Citation: Civil Appeal No. 152.887.0/1-00
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Poverty
Human Rights: Right to health, Right to life
A minor diagnosed with progressive muscular dystrophy was denied access to a special Municipal transportation service called the ATENDE program because he was not yet using a wheelchair. The ATENDE program was instituted to meet the needs of handicapped people who could not otherwise access common public transportation. The Health Department of Sao Paulo, on …Read more
Trevethick v. Ministry of Health (Decision No. 1)
Country: New ZealandYear: 2007
Court: Human Rights Review Tribunal
Citation: [2007] NZHRRT 7
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
This case concerned whether there was unlawful discrimination under New Zealand’s Human Rights Act (1993) (“HRA”), where legislation provided financial support for a disability arising from an accident, but not for a disability arising from a degenerative process or the manifestation of a disease. Ms. Trevethicks (Plaintiff) suffered from multiple sclerosis. She could only drive …Read more
Trevethick v. Ministry of Health (Decision No. 2)
Country: New ZealandYear: 2007
Court: Human Rights Review Tribunal
Citation: [2007] NZHRRT 21
Health Topics: Disabilities, Health systems and financing
Human Rights: Freedom from discrimination
This case has comes after Decision No. 1 and before the judgment of the High Court. The Plaintiff challenged the government’s interpretation of the definition of “disability” in s.21(1)(h) of the Human Rights Act (“HRA”). The New Zealand government distributed different levels of funding to people with the same types of disabilities depending on the …Read more
Tysiąc v. Poland
Country: PolandYear: 2007
Court: European Court of Human Rights
Citation: App. No. 5410/03, 45 Eur. H.R. Rep. 42 (2007).
Health Topics: Disabilities, Health care and health services, Health information, Medical malpractice, 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 due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy
Applicant alleged a violation of Article 8 (right to respect for private and family life) of the Convention when she had been refused a therapeutic abortion considered legal under the Family Planning Act of Poland–when the pregnancy is thought to endanger the mother’s life, as was the case here. Applicant suffered from severe myopia and …Read more
Applicant v. The Central Agency for the Reception of Asylum Seekers [Rechtbank’s Gravenhage, zittingplaats Amsterdam [District Court of Gravenhage, sitting at Amsterdam], 25 August 2006, LJN:AZ2923]
Country: NetherlandsYear: 2006
Court: District Court of Gravenhage
Citation: LJN:AZ2923
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Mental health, Poverty
Human Rights: Right to health, Right to housing
The Applicant was a multi-handicapped child suffering from “Down Syndrome, a congenital heart defect and a delayed thyroid disorder”. He was being treated for his condition and, in the absence of treatment, it was expected that his physical and mental condition would deteriorate. Applicant had applied for a grant of residence, which was denied by …Read more
Terry Buffett v. Canadian Forces
Country: CanadaYear: 2006
Court: Canadian Human Rights Tribunal
Citation: 2006 CHRT 39
Health Topics: Disabilities, Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination
Terry Buffet, a male service member in the Canadian Armed Forces wanted to use his employment benefit for in vitro fertilization (IVF) because of reasons of his infertility. The Canadian Forces (CF) provided insurance for military members, but not for their family members. CF did, however, provide coverage of IVF to female military members. Upon …Read more