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267 judgments found.
Country:
Guatemala Year: 2010
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional, accumulated Case Nos. 335-92 and 359-92, May 12, 1993
Health Topics:
Controlled substances,
Health systems and financing,
Medicines,
Public safety Human Rights: Right to health Facts: This case was an unconstitutionality action brought by the Guatemalan Association of Pharmacists and Chemists et al. challenging the Liberalization of Importation of Medicines Act. The claimants argued that the Act’s elimination of requirements for imported medicines such as expiration dates, instructions in Spanish, and required government testing violated constitutional competition provisions, intellectual property and …Read more
Tags: Access to drugs,
Access to medicines,
Addiction,
Drug quality,
Drug safety,
Generic drugs,
Health regulation,
Intellectual property,
Labeling,
Manufacturing,
Patents,
Pharmaceuticals,
Pricing
Country:
Latvia Year: 2010
Court: District Court of Administrative Cases
Citation: A02405-10/18
Health Topics:
Health care and health services,
Health systems and financing,
Medicines Human Rights: Right to health,
Right to life Facts: The Plaintiff bought 13 packs of Sprycel, also known as desatinib, during the year and sought reimbursement for their costs. A local university hospital doctors council concluded that the Plaintiff would not survive without Sprycel treatment. According to the law of Latvia, the Plaintiff was reimbursed up to LVL 10 000 for his purchase of …Read more
Tags: Access to treatment,
Budget,
Essential medicines,
Health expenditures,
Health regulation,
Health spending,
Out-of-pocket expenditures,
Pricing,
Reimbursement
Country:
Guatemala Year: 2010
Court: Constitutional Court [Corte Constitucional]
Citation: Constitutional Court Case No. 332-2010, March 10, 2010.
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Medicines Human Rights: Right to bodily integrity,
Right to health,
Right to life,
Right to social security Facts: The claimant, the Public Defender for Human Rights, brought a protection action on behalf of Maynor Wilfredo Cardenas Morales against the Guatemalan Institute of Social Security for its failure to provide the patient with the drugs Rapamune and Cellcep, as prescribed for his kidney transplant. The drugs were not included on the Therapeutic Drug Registry, …Read more
Country:
China Year: 2010
Court: Court of Final Appeal of the Hong Kong Special Administrative Region
Citation: FACC No. 7 of 2009
Health Topics:
Medical malpractice,
Medicines Facts: The First Appellant was a medical practitioner who, on four separate occasions, prescribed medicine that was unfit for human use as it had been contaminated with isopropyl alcohol. The Second Appellant (the First Appellant’s assistant) had, on one of those occasions, finalized the prescription of the medicine and transferred it to the patient for payment. …Read more
Tags: Drug quality,
Drug safety,
Duty of care,
Health care professionals,
Health care workers,
Inappropriate treatment,
Negligence,
Standard of care
Country:
Canada Year: 2010
Court: Federal Court
Citation: (2010) FC 810
Health Topics:
Chronic and noncommunicable diseases,
Disabilities,
Health care and health services,
Health systems and financing,
Hospitals,
Medicines,
Poverty Human Rights: Freedom from discrimination,
Freedom of movement and residence,
Right to health,
Right to life Facts: The applicant challenged the decision of the Citizenship and Immigration Canada’s (‘CIC’) to deny her coverage under the Interim Federal Health Program (‘IFHP’) for her medical care, hospitalization, and related expenses. At the time the applicant began seeking medical services, she was illegally in Canada; her temporary resident visa had expired, and she had not …Read more
Tags: Access to health care,
Access to medicines,
Access to treatment,
Diabetes,
Emergency care,
Essential medicines,
Examination,
Health funding,
Health regulation,
Humiliating treatment,
Immigrants,
Immigration,
Indigent,
Kidney disease,
Low income,
Migrants,
Physically challenged,
Poor,
Pulmonary disease,
Testing,
Underprivileged
Country:
Russia Year: 2010
Court: The European Court of Human Rights
Citation: Application No. 1439/06
Health Topics:
Chronic and noncommunicable diseases,
HIV/AIDS,
Infectious diseases,
Medicines,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: The applicant was detained and sent to remand prison in May 2004, for attempted swindling; the court felt the applicant could be a repeat offender since he had no permanent residence or income. He was to be held in remand prison until his trial. The applicant had pre-existing chronic Hepatitis C and was diagnosed HIV-positive …Read more
Tags: Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Hepatitis PLHIV,
HIV,
HIV positive,
HIV status,
Humiliating treatment,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Liver disease,
People living with HIV/AIDS,
Prison conditions,
Torture
Country:
Russia Year: 2010
Court: The European Court of Human Rights
Citation: Application no. 33099/08, ECHR 2010
Health Topics:
Chronic and noncommunicable diseases,
Diet and nutrition,
Health care and health services,
HIV/AIDS,
Hospitals,
Infectious diseases,
Medicines,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity Facts: This case is about the conditions of the applicant’s detention and the sufficiency of his medical care while he was detained in remand centre no. IZ-71/1 and correctional colony no. 7 in the Tula region of the Russian Federation. On 18 October 2006, the applicant, a Russian national, was arrested for drug trafficking. He was …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Antiretrovirals,
ARVs,
Clinics,
Compensation,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Diagnostics,
Diet,
Duty of care,
Essential medicines,
Examination,
Food,
Health facilities,
Hepatitis PLHIV,
HIV,
HIV positive,
HIV status,
Humiliating treatment,
Imprisonment,
Inadequate treatment,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
Liver disease,
Malnutrition,
People living with HIV/AIDS,
Prison conditions,
Public hospitals,
Remedies,
Standard of care,
Testing,
Torture,
Tuberculosis
Country:
Argentina Year: 2010
Court: Supreme Court of Justice [Corte Suprema Justicia de la Nación Argentina]
Citation: L. 1301. XLI.
Health Topics:
Medicines,
Public safety Human Rights: Right to property,
Right to work Facts: The National Administration of Drugs, Foods and Medical Devices [ANMAT] fined the Laboratorio Welt S.A and its director to (ARS 20 000) twenty thousands and (ARS 10 000) ten thousands Argentine pesos for violating articles 2 and 19.b of law 16.463 and article 9 from decree 150/92. The laboratory did not comply with resolution 1930/95 …Read more
Tags: Health regulation,
Medicines,
Safety regulation
Country:
Australia Year: 2009
Court: High Court
Citation: (2009) 236 CLR 573; [2009] HCA 3
Health Topics:
Health care and health services,
Health systems and financing,
Medical malpractice,
Medicines Human Rights: Right to favorable working conditions,
Right to health,
Right to social security,
Right to work Facts: Wong and Selim were “vocationally registered general practitioner(s)” within s 3F of the Health Insurance Act 1973 (Cth) (the Act). Both were found to have engaged in “inappropriate practice” by a Professional Services Review Committee (the Committee) established under Pt VAA (ss 80-106ZR) of the Act. The effect of the Committee’s findings was to require …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Compensation,
Employment,
Health funding,
Health insurance,
Health regulation,
Inadequate treatment,
Inappropriate treatment,
Military,
Out-of-pocket expenditures,
Reimbursement,
Social security,
Subsidies
Country:
Philippines Year: 2009
Court: Supreme Court
Citation: G.R. No. 149907
Health Topics:
Medicines,
Poverty Human Rights: Freedom from discrimination,
Right to health,
Right to property Facts: The National Bureau of Investigation (NBI) and the Bureau of Food and Drugs (BFAD) raided Roma Drug and five other drug stores at the request of SmithKline Beecham Research Limited (SmithKline), the authorized local distributor for its London-based parent company. In the raid, the NBI and BFAD seized several imported medicines sold by the drug …Read more
Tags: Access to drugs,
Access to medicines,
Clinical testing,
Clinical trials,
Drug quality,
Drug safety,
Drug testing,
Generic drugs,
Indigent,
Intellectual property,
Low income,
Manufacturing,
Patents,
Pharmaceuticals,
Poor,
Spurious medicines,
TRIPS
Country:
El Salvador Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 27/09, Case 12.249, March 20, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Infectious diseases,
Medicines Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to health,
Right to life,
Right to privacy,
Right to work Facts: This report addresses allegations that El Salvador failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to health and the right life. Petitioner, Jorge Odir Miranda Cortez, filed a petition on behalf of himself and 26 other people living with HIV against the State of …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Cruel treatment,
Degrading treatment,
Diagnostics,
Examination,
First-line treatment,
HIV,
HIV positive,
HIV status,
Inhuman treatment,
People living with HIV/AIDS,
Pharmaceuticals,
PLHIV,
Second-line treatment,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Torture,
Transmission
Country:
Mexico Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 02/09, Petitions 302-04 and 386-04, February 4, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Infectious diseases,
Informed consent,
Medicines Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to due process/fair trial,
Right to family life,
Right to health,
Right to life,
Right to privacy,
Right to social security,
Right to work Facts: This report addresses the admissibility of a petition that alleged Mexico failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to equal protection of the law and the right to humane treatment. J.S.C.H. and M.G.S. were discharged from the Mexican Army because of their HIV …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Compulsory testing,
Confidentiality,
Disclosure,
Employment,
First-line treatment,
Health information,
HIV,
HIV positive,
HIV status,
Involuntary testing,
Mandatory testing,
Medical records,
Military,
Non-consensual testing and treatment,
Non-disclosure,
People living with HIV/AIDS,
Pharmaceuticals,
PLHIV,
Second-line treatment,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
Belgium Year: 2009
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4611. C. C., n°2009-171
Health Topics:
Health systems and financing,
Medicines Human Rights: Freedom from discrimination Facts: The applicant pharmaceutical company , which marketed cheaper, generic drugs, brought forward a claim against the “Institut national d’assurance maladie-invalidité” (National Institute for Health and Disability Insurance). The lower court referred a question to the Constitutional Court about whether Article 191 of the law concerning compulsory health insurance and benefits violated the principle of equality, …Read more
Tags: Generic drugs,
Health funding,
Health insurance,
Health regulation,
Pharmaceuticals,
Pricing,
Reimbursement,
Social security
Country:
Sudan Year: 2009
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 279/03-296/05 (2009).
Health Topics:
Diet and nutrition,
Disasters and emergencies,
Environmental health,
Health care and health services,
Medicines,
Sexual and reproductive health,
Violence,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Right to due process/fair trial,
Right to health,
Right to housing,
Right to liberty and security of person,
Right to life,
Right to property Facts: The complainants, two human rights organizations based in Sudan, the United Kingdom and Canada, alleged gross and systematic violations of human rights on the part of the Republic of Sudan and Government-supported militia forces in the Darfur region against indigenous tribes, including the Fur, Marsalit and Zaghawa. The organizations alleged that since General Omar Al-Bashir …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Armed conflict,
Clean water,
Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Drinking water,
Food,
Food shortages,
Forced displacement,
Humiliating treatment,
Indigenous groups,
Inhuman treatment,
Militias,
Poisoning,
Rape,
Refugees,
Safe drinking water,
Sexual abuse,
Sexual assault,
Sexual violence,
Torture,
Violence against women,
Water pollution
Country:
France Year: 2009
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2009-584 DC, 16 July 2009
Health Topics:
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Medicines,
Mental health Human Rights: Right to health Facts: This case concerned a constitutional challenge to Articles 1, 10, 23, 84, 91 and 133 of law no. 2009-879 of July 21 2009, Loi portant réforme de l’hôpital et relative aux patients, à la santé et aux territoires (Law reforming hospitals and relating to patients, health and the territories) (the Law) in the Conseil Constitutionnel. …Read more
Tags: Access to health care,
Employment,
Health care professionals,
Health care workers,
Health education,
Health funding,
Health regulation,
Pharmaceuticals,
Private hospitals,
Psychiatry,
Psychology,
Public hospitals
Country:
Russia Year: 2009
Court: Regional Court of Perm
Citation: Case No. АДМ-7-230/09
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Medical malpractice,
Medicines Facts: The state healthcare institution (“SHI”) appealed the imposition of an administrative fine of 10,000 rubles which had been imposed on it for a violation of Paragraph 3 Article 19.20 of the Code of Administrative Offences of the Russian Federation (“CAO RF”), which prohibited conducting activities in violation of the relevant license (here, licenses related to …Read more
Tags: Drug safety,
Health care technology,
Health facilities,
Health regulation,
Public hospitals
Country:
Switzerland Year: 2009
Court: Court of Justice, Penal Division [Cour de Justice, Chambre pénale]
Citation: Switzerland
Health Topics:
HIV/AIDS,
Hospitals,
Infectious diseases,
Medicines,
Sexual and reproductive health,
Violence Human Rights: Right to bodily integrity,
Right to liberty and security of person Facts: The Petitioner, S, was a man living with HIV. He was aware that he was HIV-positive since 1998 and had been undergoing treatment since then. In 2006, he began combination antiretroviral therapy. The Petitioner’s viral load had been undetectable since 2008 and he was not suffering from any other infections. The Petitioner’s doctors had assured …Read more
Tags: AIDS,
Antiretrovirals,
ARVs,
Condoms,
Contraceptives,
Health care professionals,
Health care workers,
HIV,
HIV positive,
People living with HIV/AIDS,
PLHIV,
Public hospitals,
Sexual assault,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Transmission
Country:
Guatemala Year: 2009
Court: Constitutional Court [Corte Constitucional]
Citation: Corte Constitucional de Guatemala, Exp. No. 4053-2009
Health Topics:
Child and adolescent health,
Disabilities,
Health care and health services,
Health systems and financing,
Medicines Human Rights: Right to health,
Right to life,
Right to social security Facts: Julio César Bravo Villata, a minor, was a beneficiary of the Guatemalan Social Security Institute. He suffered from cerebral paralysis due to a respiratory arrest that occurred at the time of birth (a “congenital defect”) and his parents were told that once the child turned five, his treatment would be suspended. The Board of Directors …Read more
Tags: Access to health care,
Access to medicines,
Access to treatment,
Disabled,
Handicapped,
Health expenditures,
Health insurance,
Health spending,
Minor,
Pediatric health,
Social security
Country:
Guatemala Year: 2009
Court: Constitutional Court [Corte Constitucional]
Citation: No. 4448-2008 (26 febrero 2009)
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Medicines Human Rights: Right to health,
Right to life,
Right to social security Facts: This case was filed by the Human Rights Ombudsman of Guatemala acting on behalf of patients who suffer from vitiligo, psoriasis, fungoid mycosis, alopecia, lichen planus, uremic pruritus, and sclerodermas, against the Board of Directors of the Guatemalan Social Security Institute. He argued that the patients were informed that the company that was providing services …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Diagnostics,
Health insurance,
Health spending,
Skin disease,
Social security
Country:
Uruguay Year: 2009
Court:
Citation: Third Civil Appellate Court [Tribunal Apelaciones Civil Tercer Turno]
Health Topics:
Chronic and noncommunicable diseases,
Health systems and financing,
Medicines Human Rights: Freedom from discrimination,
Right to health,
Right to social security Facts: The claimant, Mr. Oscar Fontes, brought a protection action against the Ministry of Public Health (the “Ministry”) for its failure to provide him with the drug Cetuximab, as prescribed by his doctor for treatment of colon cancer. The drug was not included on the Therapeutic Drug Registry, and the Ministry denied his request. The claimant …Read more
Tags: Access to drugs,
Access to medicines,
Cancer,
Essential medicines,
Health regulation,
Out-of-pocket expenditures,
Pharmaceuticals,
Social security
Country:
Argentina Year: 2009
Court: Civil Court of Appeal of Entre Ríos [Cámara de Apelaciones en lo Civil - Entre Ríos]
Health Topics:
Health care and health services,
Health systems and financing,
Medicines,
Sexual and reproductive health Human Rights: Right to family life,
Right to health,
Right to life Facts: The plaintiffs, a married couple, filed a precautionary measure against the Health Insurance of the Province of Entre Ríos to provide comprehensive coverage of the assisted reproductive treatment by intracytoplasmic sperm injection (ICSI) until the pregnancy was achieved. The co-plaintiff suffered from oligoastenozoospermia which left him infertile so they requested the health insurance company to provide coverage …Read more
Tags: Access to health care,
Access to medicines,
Access to treatment,
Health insurance,
Health regulation,
Right to Health,
Right to Life,
sexual and reproductive rights,
Social security
Country:
New Zealand Year: 2008
Court: High Court
Citation: [2008] NZHC 441; [2010] NZAR 101
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Medicines Human Rights: Right to due process/fair trial,
Right to health,
Right to participation Facts: Herceptin was a drug used to treat an aggressive form of breast cancer called Her2, and it cost roughly $68000 to $70000 for a 12 month course. The first defendant, the Pharmaceutical Management Agency (Pharmac), was responsible for determining which pharmaceutical treatments would wholly or partially be subsidised by District Health Boards (DHBs). From 2001, …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Budget,
Cancer,
Clinical trials,
Drug testing,
Health expenditures,
Health funding,
Health insurance,
Health regulation,
Health spending,
Noncommunicable diseases,
Out-of-pocket expenditures,
Pharmaceuticals,
Pricing,
Reimbursement,
Subsidies
Country:
United Kingdom Year: 2008
Court: European Court of Human Rights
Citation: Application No. 26565/05; [2008] ECHR 453
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
HIV/AIDS,
Medicines Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to privacy Facts: The applicant, a Ugandan national, was HIV positive and claimed that if the United Kingdom forced her to return to Uganda then she would not have sufficient access to medical treatment for her condition. She claimed that this result would violate her rights under Articles 3 (prohibiting torture and inhuman or degrading treatment or punishment) …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Asylum,
Cruel treatment,
Degrading treatment,
Essential medicines,
HIV,
HIV positive,
Immigration,
Inhuman treatment,
Migrants,
People living with HIV/AIDS,
Pharmaceuticals,
PLHIV,
Refugees
Country:
Russia Year: 2008
Court: European Court of Human Rights
Citation: Application No. 46468/06; [2009] ECHR 1226
Health Topics:
Disabilities,
Health care and health services,
HIV/AIDS,
Infectious diseases,
Informed consent,
Medicines,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to family life,
Right to liberty and security of person Facts: A, a Russian national, was a former practicing member of the Moscow bar. On 29 March 2006 a Moscow district court authorized the criminal prosecution of A in connection with his alleged participation in the embezzlement of property and shares of several oil companies in the late 1990s. On 5 April 2006 Russian authorities searched …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Blind,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Essential medicines,
First-line treatment,
HIV,
HIV positive,
HIV status,
Incarceration,
Inhuman treatment,
Inmate,
Jail,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
United States Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 63/08, Case 12.534
Health Topics:
Chronic and noncommunicable diseases,
Controlled substances,
Health care and health services,
HIV/AIDS,
Infectious diseases,
Medicines,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to health Facts: This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners included the Legal Aid Society and the International Human Rights Clinic at Washington College of Law. Petitioners alleged the United States violated the …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Addiction,
AIDS,
Antiretrovirals,
ARVs,
Cocaine,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Detainee,
Detention,
Drug abuse,
Drug enforcement,
Drug use,
Emergency care,
First-line treatment,
HIV,
HIV positive,
HIV status,
Immigration,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Marijuana,
Migrants,
People living with HIV/AIDS,
Pharmaceuticals,
PLHIV,
Second-line treatment,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Substance abuse,
Torture
Country:
United Kingdom Year: 2008
Court: House of Lords
Citation: [2008] UKHL 52
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Infectious diseases,
Medicines Human Rights: Right to housing,
Right to social security Facts: M was Zimbabwean citizen diagnosed as HIV positive, who was living in the United Kingdom while his appeal of a decision to return him to Zimbabwe was ongoing. Because of his illness, he applied to the local health authority to assess his needs for accommodation. The authority declined to provide accommodation to M. It determined …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
First-line treatment,
HIV,
HIV positive,
HIV status,
Immigration,
Migrants,
People living with HIV/AIDS,
PLHIV,
Second-line treatment,
Sexually transmitted diseases,
Sexually transmitted infections,
Social security,
STDs,
STIs,
Subsidies