Lalonde v. Ontario (Commission de Restructuration des Services de Santé)
Country: CanadaYear: 2001
Court: Ontario Court of Appeal
Citation: 56 OR (3d) 505; 208 DLR (4th) 577 (Ont CA)
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right of access to information, Rights to the benefits of culture
Montfort Hospital appealed the Healthcare Services Restructuring Committee’s (HSRC) decision to transfer services away from the hospital. Montfort was a full-service, general hospital in Ontario that operated, trained health-care professionals and provided services in French on a full-time basis, servicing a large francophone population in eastern Ontario. Exercising its authority under the Public Hospitals Act, …Read more
Treatment Action Campaign v. Minister of Health (No. 1)
Country: South AfricaYear: 2001
Court: High Court - Transvaal Provincial Division
Citation: 2002(4) BCLR 356 (T)
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Right to health, Right to life
Applicants sought an order that the respondents (the Minister of Health and the members of the executive council for health) make Nevirapine available to pregnant women with HIV who give birth in public health institutions and “produce and implement an effective national program to prevent or reduce mother to child transmission (MTCT) of HIV, including …Read more
Veena Sharma v. State Bank of India and Ors
Country: IndiaYear: 2001
Court: High Court - Patna
Citation: 2001 (49) BLJR 1543; (2001) IILLJ 1333 Pat
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Veena Sharma, the Petitioner, submitted medical bills incurred during her late husband’s hospitalization. After contracting a disease, her late husband was admitted to a hospital. After being discharged, his condition deteriorated. On the recommendation of the State of India, the Respondent, and the Bank’s doctor, he was admitted in a different private hospital. Upon submitting …Read more
Case 2000-136f
Country: BelgiumYear: 2000
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2000-136f, 21 December 2000
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to property
Tags: Access to health care, Budget, Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health regulation, Out-of-pocket expenditures, Private hospitals, Public hospitals, Reimbursement, Social security, Subsidies, Underprivileged
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
Case 1999-071
Country: BelgiumYear: 1999
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1999-071, 17 June 1999
Health Topics: Health systems and financing, Hospitals
Human Rights: Freedom of association
Tags: Health regulation, Health spending, Private hospitals, Public hospitals, Reimbursement, Social security
Olmstead v. L.C.
Country: United StatesYear: 1999
Court: Supreme Court
Citation: 527 U.S. 581 (1999)
Health Topics: Disabilities, Health care and health services, Hospitals, Mental health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to liberty and security of person
The Respondents, L. C. and E. W., both mentally disabled women, brought proceedings against the State alleging that the State’s failure to place them in a community-based program, after their treating professional had determined that such a placement was appropriate, violated Title II of the Americans with Disabilities Act of 1990 (ADA). Title II of …Read more
R v. North West Lancashire Health Authority, ex parte A, D, & G
Country: United KingdomYear: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 2022; [2000] 1 WLR 977
Health Topics: Health care and health services, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
North West Lancashire Health Authority (the Authority), the Appellant, appealed against an order quashing the Authority’s decision to refuse gender reassignment treatment to A, D and G, the Respondents. A, D and G all suffered from “gender identity dysphoria,” or transsexualism. Each had male physical characteristics but female sexual identity. A and G had been …Read more
Reid v. Secretary of State for Scotland
Country: United KingdomYear: 1999
Court: House of Lords
Citation: [1999] 1 All ER 481
Health Topics: Hospitals, Mental health, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Hutchison Reid, the respondent, was convicted of culpable homicide in 1967. He was made the subject of a hospital order and a restriction order without any time limit under the Criminal Procedure (Scotland) Act 1955 (the Criminal Procedure Act). A restriction order under the Criminal Procedure Act could only be made if the person posed …Read more
Winko v British Columbia (Forensic Psychiatric Institute)
Country: CanadaYear: 1999
Court: Supreme Court of Canada
Citation: [1999] 2 SCR 625
Health Topics: Hospitals, Mental health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity
The appellant was schizophrenic and was arrested for attacking pedestrians on the street with a knife. Prior to the incident he had been hearing voices. The appellant was charged with aggravated assault, assault with a weapon, and possession of a weapon for purposes dangerous to the public peace. He was found not criminally responsible (“NCR”) …Read more