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143 judgments found.
Country:
Zambia Year: 2010
Court: High Court at Livingstone
Citation: 2009/HL/86
Health Topics:
Health care and health services,
HIV/AIDS,
Infectious diseases,
Informed consent Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to health,
Right to liberty and security of person,
Right to life,
Right to privacy,
Right to social security,
Right to work Facts: Petitioners Stanley Kingaipe and Charles Chookole sued the Zambian Air Force (ZAF) alleging violations of their constitutional rights to liberty, privacy, life, protection from inhuman and degrading treatment, and protection from discrimination. They also alleged violations of their rights to adequate medical and health facilities and adequate educational opportunities contained in the Directive Principles of …Read more
Tags: AIDS,
Examination,
HIV,
HIV positive,
HIV status,
Involuntary testing,
Involuntary treatment,
Most-at-risk,
Non-consensual testing and treatment,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Testing,
Unauthorized treatment
Country:
Croatia Year: 2010
Court: European Court of Human Rights
Citation: Application No. 49740/06; [2010] ECHR 604
Health Topics:
Child and adolescent health,
Health systems and financing,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to due process/fair trial,
Right to family life,
Right to property,
Right to social security Facts: In August 1998, Maja Šubašić, a Croatian national, gave birth prematurely to twin girls while visiting Athens. As a result, her daughters had to be hospitalized in Athens for three months. In October, the Croatian Health Insurance Fund reimbursed Mrs. Šubašić for the costs of her own medical treatment. In April 1999, however, the Fund …Read more
Tags: Childbirth,
Health insurance,
Infant health,
Out-of-pocket expenditures,
Reimbursement,
Social security
Country:
Macedonia Year: 2010
Court: Constitutional Court
Citation: 109/2009-0-1
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Freedom from discrimination,
Right to health,
Right to social security Facts: The Petitioners, Stamen Filipov and Biljana Zhivkovska, challenged a provision excluding certain health services from the Law on Health Insurance (the Law). Article 9 of the Law specified certain services that would be paid for under a compulsory health insurance scheme administered by the Health Insurance Fund (the Fund). Article 10 specified certain services that …Read more
Tags: Access to health care,
Access to treatment,
Emergency care,
Health care technology,
Health facilities,
Health funding,
Health insurance,
Health regulation,
Out-of-pocket expenditures,
Primary care,
Reimbursement,
Secondary care,
Social security,
Tertiary care,
Testing
Country:
Colombia Year: 2010
Court: Colombian Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Primera de Revisión abril 30, 2010, M.P.: María Victoria Calle Correa, Sentencia T-310/10 (Colom.).
Health Topics:
Health care and health services,
Health systems and financing,
Poverty,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to development,
Right to health,
Right to social security Facts: 25-year-old Petitioner brought a legal protection action before the Municipal Court of Santa Rosa de Osos against Coomeva EPS for refusing to cover the labiaplasty surgery prescribed by her doctor to treat her condition, labia minora hypertrophy. Petitioner was unable to fully cover the procedure and therefore, claimed that the denial of coverage constituted a …Read more
Tags: Access to treatment,
Diagnostics,
Examination,
Health care professionals,
Low income,
Out-of-pocket expenditures,
Poor,
Social security,
Testing
Country:
Hungary Year: 2010
Court: Constitutional Court
Health Topics:
Aging,
Health systems and financing Human Rights: Right to health,
Right to social security Facts: Petitioner sought a declaration that a certain provision of a government decree regulating minimum pension amounts was unconstitutional because it (a) regulated a fundamental right which could only be done by statute and (b) provided a social security benefit too low to maintain human dignity, which was guaranteed by the Constitution.
Tags: Aged persons,
Budget,
Elderly,
Health funding,
Health insurance,
Health regulation,
Health spending,
Older persons,
Out-of-pocket expenditures,
Senior citizens,
Social security
Country:
Sweden Year: 2010
Court: Supreme Administrative Court
Citation: RÅ 2010 ref. 52, Målnummer: 1201-09
Health Topics:
Health systems and financing Human Rights: Freedom of movement and residence,
Right to health,
Right to social security Facts: H.R’s partner became acutely ill during her temporary residency in Great Britain. H.R. travelled to Great Britain to support and care for her whilst she was in hospital. He was the only family member present for multiple surgeries to treat his partner’s life-threatening cancer. This required significant and costly travel for H.R. Upon returning to …Read more
Tags: Budget,
Health expenditures,
Health funding,
Health insurance,
Health regulation,
Health spending,
Out-of-pocket expenditures,
Reimbursement,
Social security
Country:
Netherlands Year: 2010
Court: Central Administrative Tribunal
Citation: Centrale Raad van Beroep, 20 October 2010, LJN BO3581, 09/365 AWBZ & 09/3626 AWBZ
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Mental health Human Rights: Right to education,
Right to privacy,
Right to social security Facts: A., a boy born in the Netherlands to a Nigerian immigrant mother, was diagnosed with an autistic disorder and an intellectual deficiency. As a result, A. required counseling programs as a supplement to traditional schooling by the Dutch Care Needs Assessment Centre (“CAC”). A. made a request for a residence permit under the Dutch Aliens …Read more
Tags: Child development,
Children,
Counseling,
Health insurance,
Immigration,
Mental disability,
Mental retardation,
Migrants,
Minor
Country:
France Year: 2010
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2010-2 QPC, June 11th 2010
Health Topics:
Child and adolescent health,
Disabilities,
Health care and health services,
Health systems and financing,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to due process/fair trial,
Right to social security Facts: The QPC (Question prioritaire de constitutionnalité) process was created in France in 2008. It allows for preliminary rulings on the conformity of a legal provision with the Constitution. This disposition challenged the 2002 law (Paragraph I of section 1 of the Act of March 4th 2002) that states “No one shall claim he has sustained …Read more
Tags: Abortion,
Abortion counseling,
Access to health care,
Children,
Compensation,
Disabled,
Handicapped,
Health insurance,
Health regulation,
Infant health,
Minor,
Misdiagnosis,
Therapeutic abortion
Country:
Guatemala Year: 2010
Court: Constitutional Court [Corte Constitucional]
Citation: Corte Constitucional Case No. 4111-2009, January 28, 2010.
Health Topics:
Disabilities,
Health care and health services,
Health systems and financing,
Hospitals,
Medicines Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to health,
Right to life,
Right to social security Facts: This case was an appeal of a constitutional protection (amparo) action before the Constitutional Court filed by the Public Defender of Human Rights, acting on behalf of Maritza Ninnette Cuellar Morales, against the Board of Directors of the Guatemalan Social Security Administration. The Board denied the claimant medical coverage for her spinal condition, based on …Read more
Tags: Access to health care,
Access to medicines,
Access to treatment,
Disabled,
Health insurance,
Health regulation,
Public hospitals,
Reimbursement,
Social security
Country:
Guatemala Year: 2010
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 2605-2009, January 5, 2010
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals,
Medicines Human Rights: Right to due process/fair trial,
Right to health,
Right to life,
Right to social security Facts: This case was an appeal of a constitutional protection (amparo) action before the Constitutional Court filed by the Public Defender of Human Rights, acting on behalf of Luisa Fernanda Morales Tumax, against the Board of Directors of the Guatemalan Institute of Social Security. The patient, a minor, received a kidney transplant in 2000, when she …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Children,
Clinics,
Health insurance,
Health regulation,
Kidney disease,
Minor,
Pediatric health,
Public hospitals,
Social security
Country:
Guatemala Year: 2010
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 1437-2009, February 9, 2010.
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Right to bodily integrity,
Right to health,
Right to life,
Right to social security Facts: This case was an appeal of a constitutional protection (amparo) action before the Constitutional Court filed by the Public Defender of Human Rights, acting on behalf of Maria Gabriela Garcia Fernandez, against the Board of Directors of the Guatemalan Social Security Administration. The Board denied the claimant medical coverage for her juvenile diabetes and chronic …Read more
Tags: Access to health care,
Access to treatment,
Diabetes,
Employment,
Health insurance,
Kidney disease,
Public hospitals,
Social security
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:
Argentina Year: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 221. XLVI. COM
Health Topics:
Aging,
Health care and health services,
Health systems and financing Human Rights: Right to health,
Right to life,
Right to social security Facts: The plaintiff, an elder woman, filed a guarantee of protection of individual constitutional rights (amparo protection) against Dincros S.A for the cessation of the health coverage that left her with no medical coverage because no other health insurance wanted to provide medical services to her and to order the incorporation to another health insurance company …Read more
Tags: Access to health care,
Aged persons,
Health funding,
Health insurance,
Social security
Country:
Hungary Year: 2010
Court: European Court of Human Rights
Citation: no. 67545/09, ECHR 2010
Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to health,
Right to liberty and security of person,
Right to privacy,
Right to social security Facts: The applicant, Anna Ternovszky, a pregnant woman who intended to give birth at home, filed a complaint before the European Court of Human Rights., alleging that s. 101(2) of Government Decree no. 218/1999 (XII.28.) violated her rights under the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). Ternovszky claimed that health professionals were …Read more
Tags: Access to healthcare,
Access to treatment,
Child and adolescent health,
Childbirth,
Health care,
Health care and health services,
Health care professionals,
Infant health,
Infant mortality,
Informed choice,
Informed consent,
Maternal health,
Maternal mortality,
Midwifery,
Patient choice,
Pregnancy,
Sexual and reproductive health
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:
Serbia Year: 2009
Court: European Court of Human Rights
Citation: Application No. 34425/04
Health Topics:
Health care and health services,
Health systems and financing,
Poverty,
Prisons Human Rights: Right to privacy,
Right to social security Facts: The applicant is a 53 year-old prisoner in Serbia who complains of the refusal of the State to provide free dentures and of interference with his correspondence by prison authorities. The applicant suffered from paradontosis which caused the loss of teeth. On February 13, 2004 the applicant was examined by the prison dentist and was …Read more
Tags: Access to health care,
Access to treatment,
Health care technology,
Imprisonment,
Incarceration,
Indigent,
Inmate,
Jail,
Low income,
Out-of-pocket expenditures,
Poor,
Subsidies,
Underprivileged
Country:
Guatemala Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 102/09, Petition 1380-06, October 29, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics:
Health systems and financing Human Rights: Freedom from discrimination,
Right to due process/fair trial,
Right to family life,
Right to health,
Right to life,
Right to social security Facts: This case concerned a petition received by the Inter-American Commission on Human Rights (“IACHR”) from the Workers’ Pension Plan Association of the Banco Nacional de Desarrollo Agricola (National Agricultural Development Bank) (BANDESA). The petition was brought on behalf of 179 former BANDESA workers against the Republic of Guatemala. The petitioners alleged that the State of …Read more
Tags: Employment,
Health insurance
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:
United States Year: 2009
Court: New York Court of Appeals
Citation: 12 N.Y.3d 478 (2009)
Health Topics:
Aging,
Disabilities,
Health systems and financing Human Rights: Freedom from discrimination,
Right to social security Facts: The Plaintiffs, aged, blind or disabled persons and legal resident aliens of New York State, brought these proceedings against the Commissioner of the New York State Office of Temporary and Disability Assistance (OTDA) after they became ineligible for Supplementary Security Income (SSI) from the federal government and Additional State Payments (ASP) provided by the State. …Read more
Tags: Aged persons,
Blind,
Disabled,
Elderly,
Handicapped,
Older persons,
Physically challenged,
Senior citizens,
Social security,
Subsidies
Country:
Brazil Year: 2009
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Agenor Pereira Dias Filho v. National Congress, MI 2090 / DF, Supremo Tribunal Federal [Federal Supreme Court] (2009) (Braz.).
Health Topics:
Occupational health Human Rights: Right to social security Facts: The plaintiff, Agenor Pereira Dias Filho, filed an action against the National Congress before the Federal Supreme Court of Brazil, asking the Court to have §4 of article 40 of the Federal Constitution regulated. The plaintiff claimed that the nature of his work as nursing assistant subjected him to unhealthy working conditions and entitled him …Read more
Tags: Occupational hazards,
Occupational health and safety,
Safe working conditions
Country:
Colombia Year: 2009
Court: Colombian Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Plena octubre 14, 2009, M.P.: María Victoria Calle Correa, Sentencia C-727/09 (Colom.).
Health Topics:
Aging,
Health care and health services,
Health systems and financing,
Occupational health Human Rights: Freedom from discrimination,
Right to favorable working conditions,
Right to health,
Right to social security Facts: Petitioner Hernán Antonio Barrero Bravo brought action challenging the constitutionality of Law 860 (Reform of the Social Security System law), alleging its violation of articles 48 (principle of progressive realization), 49 (principle of non-retrogression of social rights) and 53 (principle of non-retrogression in the protection given by the previous law) of the Constitution in changing …Read more
Tags: Access to health care,
Access to treatment,
Aged persons,
Elderly,
Health expenditures,
Health insurance,
Health regulation,
Long-term care,
Older persons,
Senior citizens,
Social security
Country:
Spain Year: 2009
Court: Supreme Court
Citation: STS 16-11-2009 Appeal No. 4426/2008
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals,
Sexual and reproductive health Human Rights: Right to health,
Right to social security Facts: The plaintiff sued the defendant, Regional Healthcare Department of the Generalitat Valenciana (RHD) for a refund of medical expenses following its denial of fertilization treatment. The plaintiff was carrying a genetic illness multiple endocrine neoplasia type II (MEN II). She had surgery after being diagnosed with the disease. Subsequently, the plaintiff decided she wanted to …Read more
Tags: Access to health care,
Access to treatment,
Assisted reproductive technology,
Emergency care,
Fertility,
Health funding,
Health insurance,
In vitro fertilization,
Infertility,
Out-of-pocket expenditures,
Pregnancy,
Private hospitals,
Public hospitals,
Reimbursement,
Social security,
Tertiary care
Country:
Spain Year: 2009
Court: Supreme Court of Justice of Castilla-Leon
Citation: STSJCL 660/2009. Almudena v. Health Managing Area of the Primary Health Care of Burgos
Health Topics:
Health care and health services,
Health systems and financing Human Rights: Right to health,
Right to social security Facts: This case concerned social security reimbursement for private health care in Spain. The plaintiff suffered from an eating disorder, a personality disorder, and alcoholism. She sought treatment through Spain’s public health service for years. She was eventually discharged and referred to a public hospital, where she spent a year. She then sought reimbursement for the …Read more
Tags: Access to healthcare,
Access to treatment,
Health expenditures,
Health funding,
Health spending,
Out-of-pocket expenditures,
Reimbursement,
Social security,
Subsidies
Country:
Spain Year: 2009
Court: Supreme Court of Justice of Castilla-La Mancha
Citation: STSJCM 12-3-2009
Health Topics:
Health care and health services,
Health systems and financing,
Sexual and reproductive health Human Rights: Right to social security Facts: The appellant, a beneficiary of defendant public health institution Health Service of Castilla-La Mancha (“SESCAM”), received three fertility treatment cycles (two in a private institution and one in a public health institution) with negative results. The appellant then sought new fertility treatments from SESCAM, arguing that she was entitled to funding for three treatments of …Read more
Tags: Access to treatment,
Assisted reproductive technology,
Fertility,
Health care technology,
Health insurance,
Health regulation,
Health spending,
In vitro fertilization,
Infertility,
Social security
Country:
Ecuador Year: 2009
Court: Constitutional Court [Corte Constitutcional]
Citation: Corte Constitucional Judgment N. 0012-09-SIS-CC, Case No. 0007-09-IS, October 8, 2009.
Health Topics:
Aging,
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Right to health,
Right to social security Facts: This case addressed an individual’s right to health care and reimbursement for health services from the National Social Security Institute (Instituto Ecuatoriano de Seguridad Social, IESS) as a type of retirement benefit. The action was specifically filed against Econ. Fernando Guijarro Cabezas, General Director of IESS. This case was filed against Ecuador’s Social Security Institute …Read more
Tags: Access to health care,
Aged persons,
Emergency care,
Health insurance,
Older persons,
Public hospitals,
Reimbursement,
Senior citizens,
Social security
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