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

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 plaintiff Ms. X was a Timorese national. She was convicted for the crime of aggravated homicide for fatally stabbing her partner, D.S. with whom she had a child. D.S., who was a member of the Timor-Leste Defense Force was contended to have had physically abused the Plaintiff for years and she alleged self-defense after …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 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

DG, arrived in the Netherlands from Bulgaria in 2007. She worked at a restaurant and then as a prostitute. She stated in her complaint that she left prostitution after a client held her hostage at gunpoint. Unable to pay her rent, DG became homeless in December 2008. DG applied for shelter under the Social Support …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 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, 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

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 (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, the Health Insurance of the Construction Workers [Obra Social del Personal de la Construcción – OSPECON], filed suit against the National State, Ministry of Health and Social Action and Superintendent of Health Services to liquidate and transfer the corresponding funds from the Fondo Solidario de Distribución [Solidary Distribution Fund] created in law 23.661 to …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance “Unión Personal” to reestablish her as an retired affiliate of the health insurance based on article 10.h of Law 23.660. She had been a beneficiary during 20 years for being the spouse of the main affiliate. When her …Read more

Petitioner, an elderly retired person, was diagnosed with diabetes and Benign Hypertrophy (a life-threatening terminal disease). Petitioner claimed that that the cost of the medication was prohibitive and that he was in need of urgent medical attention. Petitioner sought assistance of the court to enforce his fundamental rights to the highest attainable standard of health …Read more

The appellant contracted a disease while on a business trip to the Chernobyl region to participate in work to contain the consequences of the nuclear disaster. He sought to receive employment compensation based on the disease he acquired and his resulting disability, without submitting an official report on an accident at work or an occupational …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

Mr Mankayi brought an action for delictual (tort) damages against AngloGold Ashanti Limited (AngloGold). While working as an underground mineworker between January 1979 and September 1995, Mr Mankayi claimed to have been exposed to harmful dusts and gases that led to his contracting tuberculosis and a chronic obstructive airway condition; these ailments rendered him unable …Read more

The Tallinn City Council adopted new regulations on the payment of social benefits to parents of newly born children. The new regulations imposed requirements that a) both parents residents of Tallinn and one of them was a resident for at least a year before the birth, b) the social benefits are paid in two parts, …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 Plaintiffs challenged Indonesian legislative provisions regulating health warnings on cigarette packaging. The impugned provision, Article 114 of Law No. 36 of 2009 Concerning Health (the Law), required health warnings on all cigarette packaging. The Explanation Provision in the legislation defined such a health warning as one that was easily readable, and one that “may” …Read more

The Constitutional Court considered the constitutionality of the Belarusian law On Making Alterations and Addenda to the Law of the Republic of Belarus ‘On guarantees on social protection of orphan children, children left without parental care, and also individuals who belong to the category orphan children and children left without parental care’ (“Orphan Law”). The …Read more

Exercising its obligatory preliminary control powers, the Constitutional Court of the Republic of Belarus considered the constitutionality of the Law of the Republic of Belarus on Making Alterations and Addenda to Certain Laws of the Republic of Belarus on Social Protection of the Disabled People (the Law). The law made amendments and additions to previous …Read more

A defendant in a rape case petitioned a writ of Habeas Corpus before the Federal Supreme Court against the Court of Appeals decision because the survivor refused to be subject to physical exam and the jurisprudence gives extra weight to witness evidence in absence of such exam.  The second argument was that the Court of …Read more

The State of São Paulo filed an interlocutory appeal against the decision of the lower court (Tribunal de Justicia del Estado de São Paulo) that recognized the Public Prosecutor’s Office as a legitimate party to bring civil actions to protect “unavailable individual interests.” The state argued that the decision contravened articles 129 (institutional functions of the …Read more

The appellant, joined by his spouse and children, filed suit against defendant Catholic Workers Circle of Uruguay, an affiliated collective medical assistance institution, to recover for loss of earning capacity and moral damages. The appellant’s doctor (co-defendant) at Catholic Workers Circle had diagnosed the appellant with a benign brain tumor and prescribed radiation therapy in …Read more

This case was a review of the constitutionality of the Agreement on Social Security signed between the governments of Spain and Ecuador, to provide nationals working in the companion State with the same benefits as they would receive in their home country. In Spain’s case, this required provision for temporary disability during mass outbreaks of …Read more

The issues presented in this case involved citizens living in poverty and the gaps in essential services provided by the government. The first issue was the availability of cash assistance to new mothers. The petitioners alleged that, per past orders of the Supreme Court, benefits should be made available to them under both the National …Read more

The plaintiff, in representation of his daughter Yanet Marien Dupuy, brought the case to the National First Instance Civil Court [Juzgado Nacional de Primera Instancia en lo Civil n° 52] against the Modelo Quilmes Hospital [Sanatorio Modelo Quilmes] and the Social Help Office for the National Congress Personal [Dirección de Ayuda Social para el Personal del …Read more

The plaintiff brought the case to the First Instance Court of Paraná [Juzgado de Instrucción n° 7 de Paraná] aginst the Helath Insurance Institute of Entre Ríos [Instituto de Obra Social de la Provincia de Entre Ríos – IOSPER] because it refused to provide comprehensive coverage to the autism treatment that the plaintiff’s son needed. …Read more

The plaintiff brought the case to the National First Instance Civil Court [Juzgado Nacional en lo Civil N° 44 de la Capital] against the National Institution for Social Services for Retiree [Instituto Nacional de Servicios Sociales para Jubilados y Pensionados (PAMI)]; Clinics, Sanatorium, Hospitals and Other Establishments Federation of the Province of Buenos Aires [Federación …Read more