Case A42561808
Country: LatviaYear: 2010
Court: Supreme Court
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines
G.Z., the applicant, was diagnosed with type 1 Gaucher’s disease. The only treatment is a medication, Imiglucerase, which was not in the list of the State Reimbursed Medicines but is on the European Medicines Agency list of registered medicines. G.Z. brought a claim to fully compensate the purchase costs (LVL 81,900) of the medication against …Read more
Case AI 773049/RS
Country: BrazilYear: 2010
Court: Federal Supreme Court
Citation: AI 773049/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics: Medicines, Poverty
Human Rights: Right to health, Right to life
The Superior Court of Justice found that the State of Rio Grande do Sul had the obligation of providing the plaintiff in the case with medication free of charge because the plaintiff could not afford it. The court founded its decision on the constitutional rights to life, health, and human dignity.The state refused to comply …Read more
Case AI 780709/RS
Country: BrazilYear: 2010
Court: Federal Supreme Court
Citation: AI 780709/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics: HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to health, Right to life
The Court of Justice held the State of Rio Grande do Sul responsible for providing medicines free of charge to an individual living with HIV who was unable to afford them. The court based its decision on the rights to life and health. Considering these medications necessary for the survival of the individual, the court blocked …Read more
Case AI 826577/RS
Country: BrazilYear: 2010
Court: Federal Supreme Court
Citation: AI 826577/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics: Health care and health services, Medicines, Mental health, Poverty
Human Rights: Right to health, Right to life
The Court of Justice found that the State of Rio Grande do Sul was responsible for providing medications, free of charge, to those who need them but are unable to afford them. In accordance with in accordance with Article 196 (right to health) and 23 (state and federal governments’ obligations to provide for health and …Read more
Eneh v. Holder
Country: United StatesYear: 2010
Court: United States Court of Appeals for the Ninth Circuit
Citation: 601 F.3d 943 (9th Cir. 2010)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health systems and financing, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The Petitioner, Lawrence Amaechi Eneh, was a native and citizen of Nigeria. He had contracted HIV while working in a nursing home in the United States. He was living with HIV-related illness, Capsis Sarcoma and Valley Fever, a disease of the lungs, at the time of the proceedings. The Petitioner was convicted for the sale …Read more
Gladkiy v. Russia
Country: RussiaYear: 2010
Court: European Court of Human Rights
Citation: Gladkiy v. Russia, App. No. 3242/03, Eur. Ct. H.R. (2010).
Health Topics: Health care and health services, Health systems and financing, Infectious diseases, Medicines, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The applicant, a Russian citizen convicted of a criminal offense, was sent to a prison facility, where, upon arrival, he underwent a fluorography test that showed no symptoms a tuberculosis (TB) infection. Six months later, a follow-up fluorography examination revealed the existence of TB in the applicant’s left lung. Authorities transferred the applicant to the …Read more
Kozhokar v. Russia
Country: RussiaYear: 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
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
Xákmok Kásek Indigenous Community v. Paraguay
Country: ParaguayYear: 2010
Court: Inter-American Court of Human Rights
Citation: Inter-Am. Ct. H.R. (ser. C) No. 214 (Aug. 24, 2010).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Infectious diseases, Medicines, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life, Right to property
Indigenous community Xákmok Kásek brought an action against the government of Paraguay before the Inter-American Commission on Human Rights for failure to meet its international responsibility of timely granting the community members’ request in 1990 for a guarantee of their right to their ancestral lands. Because the government had failed to process their request, the …Read more
Case 03/2011
Country: UruguayYear: 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
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
Case 4448-2008
Country: GuatemalaYear: 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
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