Adam, et al. v. Ledesma-Cadhit, et al.
Country: CanadaYear: 2014
Court: Ontario Superior Court of Justice
Citation: 2014 ONSC 5726
Health Topics: Child and adolescent health, Health information, Hospitals, Infectious diseases, Medical malpractice, Medicines
Human Rights: Right of access to information, Right to bodily integrity
This judgment deals with motions by the federal and provincial Crowns to strike out the plaintiffs’ claims on the ground that the claims disclosed no reasonable cause of action against the federal or provincial government. The plaintiffs’ 5-year-old daughter, died five days after she received the H1N1 influenza virus vaccine. The daughter was in good …Read more
M.J.T v. D.M.D
Country: CanadaYear: 2012
Court: Supreme Court of British Columbi
Citation: 2012 BCSC 863
Health Topics: Child and adolescent health, Health care and health services, Infectious diseases, Medicines
Human Rights: Right to health
Mr. T. and Ms. D separated after three years of marriage when their child- V was two years old. The couple had major disagreements over the care and custody arrangements. Ms. D. was given sole interim custody and authority over all health care decisions. Ms. D. refused to vaccinate the child against common infectious diseases. …Read more
JCAG 362/2010
Country: SpainYear: 2010
Court: Administrative Litigation Chamber of Granada
Health Topics: Child and adolescent health, Disasters and emergencies, Infectious diseases, Informed consent, Medicines, Public safety
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
An outbreak of measles occurred in the city of Granada, beginning on October 9, 2010, with two children in the neighborhood of Albaycín. Due to low vaccination coverage among children in the neighborhood, especially those attending the public school Colegio Público Gómez Moreno, the disease spread. By November 18th, 36 cases had been reported. In …Read more
Xákmok Kásek Indigenous Community v. Paraguay
Country: ParaguayYear: 2010
Court: Inter-American Court of Human Rights
Citation: Inter-Am. Ct. H.R. (ser. C) No. 214 (Aug. 24, 2010).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Infectious diseases, Medicines, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life, Right to property
Indigenous community Xákmok Kásek brought an action against the government of Paraguay before the Inter-American Commission on Human Rights for failure to meet its international responsibility of timely granting the community members’ request in 1990 for a guarantee of their right to their ancestral lands. Because the government had failed to process their request, the …Read more
Solomakhin v. Ukraine
Country: UkraineYear: 2008
Court: European Court of Human Rights
Citation: [2012] ECHR 24429/03
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity, Right to privacy
The applicant, Sergey Solomakhin, visited Donetsk City Hospital on November 23rd, 1998. There, he was diagnosed with an acute respiratory disease and prescribed out-patient treatment. On his next visit, the hospital conducted a diphtheria vaccine reaction test, and he did not react to the diphtheria antigens. On November 28th, 1998, he was vaccinated against diphtheria. …Read more
Qobalia v. Ministry of Labour, Health and Social Affairs
Country: GeorgiaYear: 2005
Court: Supreme Court
Citation: Case No. bs-434-25 (3k-05)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health information, Medicines
Human Rights: Right to health, Right to life
The plaintiffs alleged violations of the statute on the Protection of Consumers’ Rights for the failure of the respondents to develop standards of evaluation regarding imported vaccinations and the failure to notify the public about the risks associated with the imported vaccinations. G. Qobalia was a 12 year-old healthy child. He was vaccinated against Hepatitis …Read more
Case 222741
Country: FranceYear: 2001
Court: Conseil d’Etat (State Council)
Citation: C. E., N° 222741, 26 November 2001
Health Topics: Medicines
Human Rights: Right to bodily integrity, Right to health
Certain provisions of the Code of Public Health make mandatory a number of vaccinations or provide opportunities to administrative authorities to make certain vaccinations mandatory. These provisions were challenged in the Conseil d’Etat but a number of interested parties. A number of other technical issues relating to authority to make laws and the penalties imposed …Read more
Case SU-225/98
Country: ColombiaYear: 1998
Court: Constitutional Court
Health Topics: Child and adolescent health, Health systems and financing, Infectious diseases, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Right to health, Right to life, Right to social security
Through a representative, 418 parents, inhabitants of the sector of Puenta Aranda in Bogota, filed a tutela against the national and district health authorities alleging that the authorities’ failure to provide a free vaccination program against meningitis violated the duty to protect the health of their children. The Plaintiffs were poor, worked in the informal …Read more
Viceconte, Mariela Cecilia v. Estado Nacional – Ministerio de Salud y Acción Social
Country: ArgentinaYear: 1998
Court: Federal Administrative Court of Appeals [Cámara Nacional de Apelaciones en lo Contencioso Administrativo Federal]
Citation: Cámara Nacional de Apelaciones en lo Contencioso Administrativo Federal, Sala V [Cám. Cont .Adm. Fed., Sala V] [Federal Administrative Court of Appeals], 2/6/1998, “Viceconte, Mariela Cecilia c/Estado Nacional −M° de Salud y Acción Social- s/amparo ley 16. 986” (Causa n° 31. 777/96) (Arg.).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Infectious diseases, Medicines, Public safety
Human Rights: Right to health, Right to life
Petitioner brought case to force the government of Argentina to take all necessary measures to produce the WHO-certified vaccine for the Argentine Hemorrhagic Fever to ensure the immediate administration of the vaccine to the populations at risk of contracting the virus. The vaccine had been shown to be 95% effective against the disease. The project …Read more