A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

The applicants are parents of a child who died being treated at Burgas Multi-Profile Active Treatment Hospital.  They alleged that the hospital’s failure to provide their daughter with adequate medical care led to her death, amounting to a breach of Article 2 of the European Convention on Human Rights. On April 10, 2009, the applicant’s …Read more

Ms. Šárka Dubská and Ms. Alexandra Krejzová brought an action against the Czech Republic, claiming that Czech legislation violated the right to private life provided by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms by effectively prohibiting health professionals, including midwifes, from assisting in home births. Czech legislation required …Read more

CNS International Ministries, Inc. (CNC) and Heartland Christian College (HCC), both nonprofit religious organizations, requested an injunction enjoining the government from enforcing certain provisions of the Patient Protection and Affordable Care Act (ACA). Both organizations had strong Christian identities and were against abortion, including methods of contraception that they viewed as equivalent to abortion due …Read more

The case concerns the religious exemption and accommodation to the contraceptive mandate under the Patient Protection and Affordable Care Act (“ACA”), which requires health insurance plans to provide coverage for contraception. Plaintiffs were religious organizations who claimed that covering contraception on employee health insurance violated their religious freedom. An exemption from the mandate was available …Read more

The Petitioners suffered from renal failure and required frequent renal dialysis treatments. Kenyatta National Hospital did not have an adequate number of machines to serve Petitioners’ needs, and would often choose to treat in-patients before Petitioners. Furthermore, the National Hospital Insurance Fund would not reimburse Petitioners for treatments sought at private hospitals. Petitioners brought suit …Read more

The Patient Protection and Affordable Care Act (“the Act”) advanced three key reforms to the U.S. health insurance market. First, it instituted insurance market regulations barring insurers from denying coverage or charging higher premiums to any individual based on health status. Second, it enacted a coverage mandate, requiring individuals to have health insurance or pay …Read more

The applicants appealed a decision to terminate artificial nutrition and hydration for their son, who was in a chronic vegetative state. In 2013, Mr. Lambert’s doctor and wife initiated proceedings to terminate care under the Act of 22 April 2005 (“Act”), which amended provisions of the Public Health Code (“Code”). However, the applicants received an …Read more

The appellant, Craig Mathieson, represented his deceased son, whose Disability Living Allowance (DLA) had been suspended by the Secretary of State for Work and Pensions. The son had been severely disabled since birth and required a high level of care. His parents were his primary care-givers. The son was admitted to the hospital for chronic …Read more

Mr. Allen was a dentist who required a back operation. A multi-year wait time to be treated within the Alberta health care system and increased pain forced Mr. Allen to sell his dental practice to pay for surgery in Montana (a state in the United States) instead of waiting an additional 18 months to have …Read more

The Northern Ireland Human Rights Commission (“Commission”) brought an application alleging that the rights of women in Northern Ireland who are or become pregnant with a serious malformation of the fetus (SMF), fatal fetal abnormality (FFA) or who are pregnant as a result of sexual crimes were being breached by Section 58 and Section 59 …Read more

The case concerned an Alaskan regulation that restricted low-income women from accessing medically necessary abortion care under Medicaid, in particular over the definition of “medically necessary” abortions. The Department of Health and Social Services (DHSS) had funded such abortions after a 2001ruling from the Supreme Court of Alaska struck down a regulation that restricted state-funded …Read more

The petitioners were two women who gave birth and were detained by Pumwani Hospital when they could not pay maternity fees in full upon discharge. The first petitioner was referred to the hospital with a potential breech birth and was detained for 24 days after discharge when she was unable to pay her hospital bill. …Read more

This case was filed by the families of two women who died during childbirth and the Centre for Health, Human Rights and Development (CEHURD). They argued that inadequate resources for maternal health violated the right to health under Objectives XIV (b) XX, XV and Article 8A of the Ugandan Constitution, the right to life under …Read more

This case involved the Patient Protection and Affordable Care Act (the Act) that had adopted three major health insurance reforms. In particular the Act adopted the ‘guaranteed issue’ requirement that prevented insurers from denying insurance coverage for an individual due to his state of health; the ‘community rating’ requirement that required insurers from imposing higher …Read more

The plaintiffs filed a guarantee of protection of individual constitutional rights (amparo protection) with the First Instance Court of the Province of Mendoza to condemn the Health Insurance of Public Personnel [Obra Social de Empleados Públicos – O.S.E.P] to provide comprehensive coverage of the assisted reproductive treatment by intracytoplasmic sperm injection (ICSI) with pre-implantation genetic diagnostic …Read more

The plaintiff filed a suit against ACA Salud Cooperativa de Prestaciones de Servicios Médico Asistenciales Limitada to provide a therapeutic companion and comprehensive coverage for the treatment that she carried out in the Anorexia and Bulimia Prevention Association [Asociación de Lucha contra la Bulimia y la Anorexia – ALUBA]. The Provincial First Instance Court of Necochea …Read more

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

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Commission for the Integration of Disabled People [Comisión Nacional Asesora para la Integración de las Personas Discapacitadas] for them to provide the comprehensive coverage of the medical services the plaintiff needed due to her disability. The National Commission argued that …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Province of Córdoba and the State with Federal court and another guarantee of protection of individual constitutional rights (amparo protection) against the Province of Córdoba with Local Court so that respondents provide comprehensive coverage to the affiliates of the Federal Program …Read more

The plaintiff, a Civil Association for the Defense of Rights in the Federal and International Level [Asociación Civil para la Defensa en el Ámbito Federal e Internacional de Derechos – Asociación DE.FE.IN.DER.], filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Institution for Social Security Services for Retiree [Instituto Nacional …Read more

The petitioner was a patient suffering from haemophilia and was receiving treatment at a government hospital. However, after he did not respond to initial treatment, the doctors discharged him, stating that they could no longer afford to administer the advanced palliative treatment (Activated Recombinant Factor VIIa) to him. This treatment would have cost 1,40,000 rupees …Read more

The Patient Protection and Affordable Care Act of 2010 (ACA) imposed an obligation on certain employers to provide “‘preventive care and screenings’ for women without ‘any cost sharing requirements.’” Under that law, the Department of Health and Human Services (HHS) imposed a regulation that the preventive care includes 20 types of contraceptives. Four of those …Read more

The applicants, two prisoners with HIV and an interested non-governmental organization, complain that the policy of denying Highly Active Antiretroviral Therapy (“HAART”) to non-citizen inmates is a violation of the rights of such non-citizen prisoners under the Constitution of Botswana. HAART is a drug treatment that helps control HIV mutation and reduces the likelihood of …Read more

Petitioner was a 7-year-old boy suffering from a rare genetic disease called Gaucher Disease (a type of Lysosomal Storage Disorder) which, if left untreated, would render him unlikely to survive. Although Enzyme Replacement Therapy (ERT), a monthly, lifelong treatment, would afford him a normal life, the drug, due to low demand arising from the rarity …Read more

Mr. Abdida, a Niegrian national, was in Belgium seeking asylum from torture and inhuman treatment. While in Belgium, he suffered from a serious illness and submitted an application to reside in Belgium on medical grounds. The application was accepted, and he began receiving social assistance from the Public Social Action Centre of Ottignies-Louvain-la-Neuve (“CPAS”). In 2011, …Read more

Duque and his same-sex partner lived together as a couple for over ten years, until his partner died from AIDS. Four years prior to the death, Duque was diagnosed with HIV and was being treated under support from his partner. When his partner died, Duque asked the COLFONDOS (the pension service) to ask what requirements …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights protection (amparo protection) against the Health Insurance of Commerce and Civil Activities Employees (Obra Social de los Empleados de Comercio y Actividades Civiles – OSECAC) to condemn coverage of all expenditures that could arise from reproductive assisted therapy in the egg donation process. The First …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the IAPOS (Instituto Autárquico Provincial de Obras Sociales) to provide coverage for all expenditures that could arise from a reproductive assisted treatment and to cover the amounts paid for such treatment. The First Instance Civil and Commercial Court granted the amparo protection. …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Security and Health Office of the Navy [DIBA – Dirección de Salud y Acción Social de la Armada] to condemn coverage for all expenditures that could arise from a reproductive assisted treatment in the PROAR Medical Institute, limiting the …Read more

In 2012, the Governor-in-Council passed two orders modifying the Interim Federal Health Program (IFHP), thereby reducing health insurance coverage for refugee and asylum claimants in Canada. Canadian Doctors for Refugee Care (CDRC) and two groups of lawyers challenged the changes to the program to restore better coverage as the changes had a significant negative impact …Read more