On 28 October 1997, JC (a military officer) was arrested by Zambian police for an attempted coup d’état. He was severely tortured and charged with treason. While being tortured, he was forced to sign false confessions and to implicate other military officials. Because of the torture, he was hospitalized at various times. On 31 October …Read more

The petitioner had a chronic connective tissue disorder, Ehlers-Danlos Syndrome (EDS), due to which she could no longer leave her house nor could she be transported to the hospital because of the increased risk of injury. The only type of rehabilitation available to her was hydrotherapy via an indoor pool at her house. Accordingly, the …Read more

The applicant’s sister died in 1994 after being admitted to the hospital for an abdominal tumor. The applicant lodged a series of criminal, administrative, and civil complaints against Dr. V.B., a surgeon and a professor at the University of Zagreb Medical Faculty. The applicant alleged medical malpractice and bribery. In 1994, the applicant lodged a …Read more

Nanteza Irene, the deceased, was taken to Nakaseke Hospital for obstetric care and management in order to deliver a child. The plaintiffs asserted that she died because she had an obstructed labor condition and did not receive appropriate medical care and attention. The assigned doctor on duty for the day that she went to the …Read more

V.P., the partner of the first applicant and son of the second applicant, was arrested for suspected burglary. At the Police Department he was charged with illegal entry into a house and theft. According to official reports, after V.P. signed the notice of charges, he asked to use the toilet. He was accompanied to the …Read more

The petitioners were Kenyan citizens living with HIV/AIDS. They petitioned seeking a declaration that the fundamental rights of life, human dignity and health as protected and envisaged by the Constitution, encompassed access to affordable and essential drugs and medicines, including generic HIV/AIDS drugs. The petitioners also sought a declaration that the Anti-Counterfeit Act, 2008 and …Read more

The applicant had contracted HIV and Tuberculosis while in prison, and alleged that he was denied adequate medical care in violation of his Article 2 (right to life) and Article 3 (prohibition on torture or inhuman or degrading treatment) rights under the European Convention on Human Rights (“Convention”). In 1997, the applicant was sentenced to …Read more

The applicants had terminal cancer, and all had either tried forms of conventional medicine (e.g. surgery, chemotherapy, radiotherapy and hormone therapy) or obtained a medical opinion that these treatments would not work for their illness. They then approached a private client in Sofia where they were told about an experimental anti-cancer product in development by …Read more

Petitioners were indigent Kenyan citizens that were infected with HIV/AIDS. Petitioners depended on antiretroviral drugs for treatment of their condition; and, because of their poverty, relied on a program administered by the Kenyan government and an NGO for the provision of these drugs at little or no cost. This program could afford to operate as …Read more

The applicant’s late wife suffered from total sensorimotor quadriplegia. The couple requested the German Federal Institute for Drugs and Medical Devices (the “Federal Institute”) grant her authorization to obtain a lethal dose of pentobarbital of sodium so she could commit suicide. The Federal Institute refused the request on the grounds that the German Narcotics Act …Read more

The applicant was a citizen of Saint Vincent and the Grenadines who entered Canada on a visitor visa, and remained in Canada illegally after his visa had expired. During this time, he was hospitalized after losing his eyesight and memory. He was diagnosed with a benign tumor affecting his brain and pituitary gland. The tumor …Read more

The applicants were all terminally ill cancer patients (four of them died since the filing of the application). They were unsuccessful in trying to find a cure and tried many conventional treatments such as chemotherapy, radiotherapy and hormone therapy. Thereafter they approached a private clinic in Sofia and found out that an anti-cancer experimental product …Read more

The applicant’s son was admitted as a voluntary patient as he was diagnosed with schizophrenia and there was a fear that he might commit suicide. He was kept in a crisis room in the intensive care unit. However, on the first night itself, the applicant’s son jumped out of the window and died. The applicant’s …Read more

The claimants stated that the deceased was a voluntary psychiatric patient. She was assessed by the hospital as a high risk of suicide attempt as she had done so before. The hospital allowed her home leave for two days. During that period, she committed suicide. The claimants stated that the hospital and its staff were …Read more

The son of the former applicant continued the application after his death. The applicant’s father was diagnosed with cancer in 2005 and had a surgery for removal of a tumour from his kidney. He was first suggested vitamins and saline solution. Later on, when he went to an oncology institute, he was recommended two drugs. …Read more

The applicant was a Polish national who claimed that his brother (a deceased) had been subjected to improper medical treatment at Kalisz hospital in Poland where the deceased was first examined and treated on emergency on August 26, 2007. After the first treatment, the deceased was diagnosed with acute pancreatitis on August 27, 2007. The …Read more

The applicant was a polish national who had been suffering from narcolepsy (chronic sleep disorder) since 1977 followed by diabetes and hypertension in 1989, sleep apnoea in 1996 and epilepsy 1998. In 1998, he was advised by his psychiatrist to take the drug Vigil (Modafinil) as it could make his condition better than existing drugs. …Read more

Four out of the five claimants in this case arrived in Libya between February 1998 and February 1999 to work as members of a Bulgarian medical team at Al-Fatah pediatrics hospital; the other claimant had arrived in Libya in 1991 and had been working at a different hospital. On 9 February 1999, the authors together …Read more

The plaintiff, the mother of her underage daughter, filed a suit with First Instance Civil and Commercial Court of La Matanza [Juzgado de Primera Instancia en lo Civil y Comercial N°1 del Departamento Judicial de la Matanza] to obtain liquidate damages against the physician and hospital who treated her daughter and the health insurance company …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) to the First Instance Family Court [Juzgado de Familia N°1 de Olavarría] against the Federal Program of Health [PROFE Salud]  to provide the medication prescribed by her physician to treat her chronic kidney failure. The local court held it was not competent …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Institute of Social Services for Retiree [Instituto Nacional de Servicios Sociales para Jubilados y Pensionados – PAMI] in the First Instance Court which admitted the suit and ordered the respondent to pay monthly for the coverage of an domiciliary …Read more

Association acnadienne contre l’impunité (“ACCI”), on behalf of victims of Kilwa massacre and NGOs, made a motion for appeal to proceed class action against Anvil Mining Limited (“Anvil”). Anvil is a Canadian mining company with headquarters in Perth, Australia, with sole business is exploitation of copper near Dikulushi in the Democratic Republic of the congo …Read more

Insite was a medical facility that supervised intravenous drug use. It was established in response to escalating intravenous drug use and a rise in HIV/AIDS and hepatitis C infections among the population of the downtown eastside (DTES) area of Vancouver. In 2003, pursuant to section 56 of the Controlled Drug and Substances Act (CDSA), which …Read more

The author of the communication, the mother of a woman who had died during childbirth, claimed that Brazilian authorities had not ensured access to quality medical treatment during her daughter’s delivery in violation of nondiscrimination provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). More specifically, the author of …Read more

On April 3, 2010, the Indonesian Government filed the Budget Amendment Bill of 2010 in Parliament. On May 3, 2010, a Plenary Session of the House of Representatives passed an amendment to the National Budget entitled Law No. 2 of 2010 Concerning the Amendment to Law No. 47 of 2009 Regarding the National Budget for …Read more

The Brazilian Federal Government filed an interlocutory appeal with the Supreme Court against the decision of the lower court, the Federal Court of the 1st Region (Tribunal Regional Federal da 1ª Região), to dismiss the extraordinary appeal filed to challenge the court’s decision recognizing the legitimacy of the Federal Prosecutor’s Office to propose a public …Read more

The plaintiff, Claudio Rodrigues, filed a lawsuit against the tobacco company, Souza Cruz, seeking damages for the death of his spouse, alleging that was caused by consumption of the tobacco products produced by Souza Cruz. The plaintiff argued that his spouse had been influenced into consuming the tobacco products by misleading advertisements that portrayed healthy …Read more

The Municipality of Caxias do Sul filed an extraordinary appeal against the decision of the lower court, which had found that the federal, state and municipal governments possessed joint liability to provide medications free of charge, for the treatment of serious disease, to those deemed to be financially needy, in order to abide by the …Read more

Rio Grande do Sul filed an interlocutory appeal against the lower court’s decision that denied the special appeal affirming Rio Grande do Sul’s duty to care for its citizen’s health, specifically by providing surgery and certain medications at no cost to Rinaldo Pinzetta, a needy citizen. The Court also assessed a fine to Rio Grande …Read more

The plaintiff, a Mexican national, presented an appeal for legal protection against Mexico, arguing that modifications of the General Health Law (Ley General de Salud), which controlled and regulated tobacco advertising, constituted a violation of the constitutional right to health, as enshrined in Article 4 of the Constitution and falling within the scope of Article …Read more