Enxet-Lamenxay & Kayleyphapopyet (Riachito) v. Paraguay
Country: ParaguayYear: 1999
Court: Inter-American Commission on Human Rights
Citation: Case 11.713, Inter-Am. Comm’n H.R., Report No. 90/99, OEA/Ser.L/V/II.106Doc. 6 rev. (1999).
Health Topics: Diet and nutrition, Health care and health services, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to property, Rights to the benefits of culture
In 1991, representatives of the indigenous Enxet-Lamenxay and Kayleyphapopyet-Riachito communities commenced administrative proceedings against the Government of Paraguay to recover what they claimed was ancestral land that Paraguay had largely sold to foreigners in the years between 1885 and 1950. The petitioners described the land as “their main sustenance came from hunting, fishing, and gathering.” The …Read more
Schauman de Scaiola, Martha Susana v. Provincia de Santa Cruz et al.
Country: ArgentinaYear: 1999
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S. 360. XXV.
Health Topics: Disabilities, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to health, Right to life
Martha Susana Schauman de Scaiola filed a suit against Dr. Juan Manuel Padrón and the Regional Hospital of Río Gallegos of the Government of the Province of Santa Cruz to hold them responsible for her son’s death, due to medical malpractice. She claimed liquidated damages due to her suffering caused from the death of her …Read more
Case 181718
Country: FranceYear: 1998
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°181718, 12 June 1998
Health Topics: Health information, Medicines
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of movement and residence
Mr. Francois X, a pharmacist practicing in the Rosny-sou-Bois commercial center, along with his employer, the Plus Pharmacie association, requested the annulment of decree no 96-531 of June 14 1996. The decree related to advertisement of medications and other products for medical use. The decree modifies the public health code to insert a new article …Read more
Meenakshi Pharma Distributors v. State of Karnataka and Others
Country: IndiaYear: 1998
Court: High Court - Karnataka
Citation: 1999 (2) KarLJ 164
Health Topics: Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
The Appellant, Meenakshi Pharma Distributors, had conducted various transactions with the authorities of the State of Karnataka for the sale of drugs. The contract stipulated that “if the payment is delayed beyond the period of 30 days, interest shall be payable at the rate of 15 per cent.” However, the trial court reduced the rate …Read more
S.K. Garg v. State of Uttar Pradesh and Others
Country: IndiaYear: 1998
Court: High Court - Allahabad
Citation: 1999 (1) AWC 847
Health Topics: Diet and nutrition, Health care and health services, Hospitals, Infectious diseases, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to life, Right to water and sanitation
The Petitioner, S.K. Garg, filed a writ petition in the Allahabad High Court under Article 226 of the Constitution of India (original writ jurisdiction of High Courts). The petition brought to the Court’s attention the appalling and unhygienic condition of Government hospitals in the city of Allahabad. It was alleged that indigent patients had been …Read more
Sahil Society v. Union of India and Anr
Country: IndiaYear: 1998
Court: High Court - Allahabad
Citation: AIR 1999 All 87; 1998 AWC 306; 1998 4 AWC 306
Health Topics: Medicines
Human Rights: Right to health, Right to life
The Petitioner, Sahil Society for the Welfare of Aged Poor and Homeless, filed a writ petition as a public interest litigation in the Allahabad High Court. The petition was filed under Article 226 of the Constitution of India (original jurisdiction of High Courts). The Petitioner requested the Court to direct the Union of India to …Read more
B and Others v. Minister of Correctional Services and Others
Country: South AfricaYear: 1997
Court: High Court - Cape of Good Hope Provincial Division
Citation: 1997 (4) SA 441 (C); 1997 (6) BCLR 789 (C)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The Applicants were four prisoners living with HIV. They sought an order declaring that prisoners living with HIV who had reached the symptomatic stage of the disease and whose CD4 counts was less than 500 per milliliter of blood were entitled to receive appropriate antiretroviral treatment at the Government’s expense. They noted that Section 35(2)(e) …Read more
C., C., et al. v. Ministerio de Salud y Acción Social de la Provincia de Buenos Aires
Country: ArgentinaYear: 1997
Court: Civil and Commercial Court of Appeals of Bahía Blanca [Cámara de Apelaciones en lo Civil y Comercial de Bahía Blanca, Sala II]
Citation: C., C. y otros c/ Ministerio de Salud y Acción Social de la Provincia de Buenos Aires, C. Civ. y Com., Bahia Blanca, Sala II, LLBA1997, 1122, 2/9/1997 (Arg.).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Persons living with HIV/AIDS had filed a guarantee of protection of individual constitutional rights (amparo protection) with the the lower court against the Ministry of Health, claiming that their HIV/AIDS medical treatment was willingly suspended, violating their right to health and jeopardizing their right to life. After the filing of the action, the treatment was …Read more
Case SU-480/97
Country: ColombiaYear: 1997
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Informed consent, Medicines
Human Rights: Freedom of association, Right to health, Right to life, Right to social security
The case combined six writs of tutela that were filed against the Institute of Social Security (ISS) into one record. The Plaintiffs were persons living with HIV who had not been able to obtain protease inhibitors to treat their HIV. The protease inhibitors sought by the Plaintiffs were antiretrovirals used in the treatment of HIV …Read more
D v. The United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: App. No. 30240/96, 24 Eur. H.R. Rep. 423 (1997).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to life, Right to privacy
The applicant, an individual suffering HIV/AIDS, brought action under Article 3 (freedom from torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights when he was threatened with expulsion from UK to St Kitts where he would not have access to necessary medical treatment and no family home or close …Read more