PBU v Mental Health Tribunal
Country: AustraliaYear: 2018
Court: Supreme Court of Victoria
Citation: [2018] VSC 564
Both the plaintiffs were diagnosed with schizophrenia and were ordered to undergo compulsory electroconvulsive treatment (ECT). The case arose from the plaintiffs’ appeal of the Victorian Civil and Administrative Tribunal’s (VCAT) order that they are administered ECT. VCAT made this decision pursuant to its findings that both individual plaintiffs lacked the capacity to give informed …Read more
Comunidad Indígena Toba La Primavera – Navogoh v. Provincia de Formosa
Country: ArgentinaYear: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 528. XLVII.
Human Rights: Right to a clean environment, Right to privacy
The plaintiff, the leader of the Toba indigenous community – Félix Díaz – filed a suit with the Supreme Court of Justice (by original jurisdiction) against the province of Formosa for breaching a precautionary measure and to order the cessation of the construction of an Hospital. The precautionary measure prohibited the Province of Formosa to build …Read more
D., M. A. s/ declaración de incapacidad
Country: ArgentinaYear: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: D 376 XLIX. REX
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Hospitals, Informed consent
Human Rights: Right to bodily integrity, Right to health, Right to life, Right to privacy
The plaintiffs, the legal guardians of their brother, filed a complaint so that the Court order the withdrawal of enteral tube feeding and hydration of their brother that artificially keep him with life. The patient in October 23 of 1994 suffered a car accident that left him in a permanent vegetative state. His representatives based …Read more
Pro Familia Asociación Civil v. Gobierno Ciudad Autónoma de Buenos Aires et al.
Country: ArgentinaYear: 2012
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 783. XLVIII.
Health Topics: Hospitals, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to liberty and security of person, Right to privacy
The plaintiff filed a suit to the First Instance Contentious Administrative and Tributary Court of the City Buenos Aires [Juzgado N° 14 Contencioso Administrativo y Tributario de la Ciudad Autónoma de Buenos Aires] against the City of Buenos Aires [Ciudad Autónoma de Buenos Aires] to obliged them to declare the nullity of the Resolution N° 1174 MSGC-07 …Read more
Dubetska and Others v Ukraine
Country:Year: 2011
Court: European Court of Human Rights
Citation: Application No. 30499/03
The applicants were eleven Ukrainian nationals residing in Vilshyna in the Lviv region of Ukraine had. They filed the case against the Ukranian Government (hereinafter ‘the Government’) alleging the failure of the state authorities to protect their home, private and family life from the excessive pollution generated by two state-owned industrial facilities. The facilities had …Read more
COLAK AND TSAKIRIDIS v. GERMANY
Country: GermanyYear: 2009
Court: European Court of Human Rights
Citation: Case of Colak and Tsakiridis v. Germany, Applications nos. 77144/01 and 35493/05. Strasbourg, 5 March 2009.
Health Topics: Health information, HIV/AIDS, Infectious diseases, Medical malpractice
Human Rights: Right to due process/fair trial, Right to family life, Right to life, Right to privacy
The first applicant (“the applicant”) was born in 1968 and lives in Wiesbaden. In December 1992 the applicant’s companion found out that he was suffering from cancer and AIDS. He informed the applicant about the cancer but concealed his AIDS infection. On 21 January 1993 he informed their family physician about his diseases but forbade him to …Read more
Armoniene v. Lithuania
Country: LithuaniaYear: 2008
Court: The European Court of Human Rights
Citation: Case Number 36919/02
Health Topics: Health information, HIV/AIDS, Hospitals
Human Rights: Right to family life, Right to privacy
The applicant died during the pendency of proceedings at the Appellate stage. Prior to his death, the largest Lithuanian daily in an article titled “Pasvalys villages paralysed by the fear of death: residents of the remote Lithuanian area shackled by the AIDS threat” stated that the applicant’s husband was a victim of AIDS and that …Read more
T., S. v. Gobierno de la Ciudad de Buenos Aires
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: T. 421. XXXVI.
Health Topics: Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against a public hospital in the city of Buenos Aires, to obtain the termination of a pregnancy because the fetus was anencephalic (a baby born with an underdeveloped brain and an incomplete skull), which was denied by the hospital. Abortions are illegal in …Read more
Norman-Bloodsaw v. Lawrence Berkeley Laboratory
Country: United StatesYear: 1998
Court: 9th Circuit Court of Appeals
Citation: 135 F.3d 1260 (9th Cir. 1998)
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice
Human Rights: Right to privacy
The Defendant, Lawrence Berkeley Laboratory (“Lawrence”) conducted mandatory pre-placement examinations of their employees. This mandatory exam took place after an employment offer but prior to the start of job duties. Each of the plaintiffs (current and former workers of the Defendant) had undergone this mandatory pre-placement exam. During these exams, plaintiffs completed medical history questionnaires …Read more
B. R. E. v. Policía Federal Argentina
Country: ArgentinaYear: 1996
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 77. XXX.
Health Topics: HIV/AIDS, Informed consent, Public safety
Human Rights: Right of access to information, Right to bodily integrity, Right to health, Right to life, Right to privacy, Right to work
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Argentine Federal Police, which issued a resolution forcing the plaintiff to retire from the police force due to being HIV positive. The HIV test was performed without the consent of the plaintiff, which constituted a violation of his right to privacy. …Read more