Grishin v. Russia
Country: RussiaYear: 2007
Court: European Court of Human Rights
Citation: App. No. 30983/02, Eur. Ct. H.R. 925 (2007).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The applicant, a Russian national, filed several European Convention on Human Rights Article 3 violations (inhuman or degrading treatment) during his prison term. He claimed that his serious medical state (ischaemic heart disease, exertional angina, hypertension, myopia and chronic bronchitis) was not treated appropriately, that he was beaten by investigating officers and cellmates (alleging broken …Read more
Hummatov v. Azerbaijan
Country:Year: 2007
Court: The European Court of Human Rights
Citation: Application No. 9852/03 and 13413/04
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Medicines, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
The applicant, a politician was arrested and detained in a detention centre. He was accused of treason and use of armed forces against the State. The applicant absconded and went into hiding but was caught and arrested. The applicant alleged that he was ill-treated and not allowed to see a doctor during the period of …Read more
KR (Iraq) v. Secretary of State for the Home Department
Country: United KingdomYear: 2007
Court: Court of Appeal, Civil Division
Citation: [2007] EWCA Civ 514
Health Topics: Controlled substances, Health care and health services, Medicines, Mental health
Human Rights: Right to family life
KR was an Iraqi Kurd. He was a lieutenant in the state police under Saddam Hussein’s regime but acted as an informer for the separatist PUK movement. In 1987 his clandestine activity was suspected. He was detained and tortured but the following year was released and resumed work as a police officer. In 1991 he …Read more
Municipality of Caxias do Sul v. Martha Rath Bohrer
Country: BrazilYear: 2007
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Municipality of Caxias do Sul v. Martha Rath Bohrer, AI 559055/RS, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
The Municipality of Caxias do Sul brought an interlocutory appeal against the Court of Justice of Rio Grande do Sul’s decision, refusing to admit an extraordinary appeal. The Court of Justice found that the federal, state and municipal governments possessed joint liability, stemming from their duty to provide free pharmaceuticals for the treatment of serious …Read more
Novartis AG v. Union of India
Country: IndiaYear: 2007
Court: High Court - Madras
Citation: (2007) 4 MLJ 1153
Health Topics: Medicines
Human Rights: Freedom from discrimination, Right to health, Right to life
This case has been reviewed by the Supreme Court, which upheld this court’s verdict. The Petitioner, Novartis, had its patent application rejected by the relevant statutory authority, the Controller General of Patents and Designs (Patent Controller) because did not comply with the requirements of section 3(d) of the Indian Patent (Amendment) Act, 2005 (the Act). …Read more
State of Espírito Santo v. Eduardo Antônio Vieira Tápias
Country: BrazilYear: 2007
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: State of Espírito Santo v. Eduardo Antônio Vieira Tápias, RE 523726/ES, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Medicines, Poverty, Sexual and reproductive health
Human Rights: Right to health, Right to life
The State of Espírito Santo filed an extraordinary appeal against the decision of the Court of Justice of Espírito Santo. The Court of Justice found that the State was responsible for providing all medicine and medical assistance required for the treatment of an individual’s serious disease, including the drug Viagra. The State argued that the …Read more
State of Pernambuco v. Geni Lira de Sales
Country: BrazilYear: 2007
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: State of Pernambuco v. Geni Lira de Sales, AI 676044/PE, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
The State of Pernambuco filed an interlocutory appeal against the Court of Justice of Pernambuco’s decision, refusing to admit an extraordinary appeal. The Court of Justice of Pernambuco found that the State was responsible for providing medication and health services to a needy individual suffering from chronic disease. The State argued that the constitutional obligation …Read more
Titiahonjo v. Cameroon
Country: CameroonYear: 2007
Court: United Nations Human Rights Committee
Citation: CCPR/C/91/D/1186/2003
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons, Sexual and reproductive health, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right to due process/fair trial, Right to liberty and security of person, Right to life, Rights to the benefits of culture
The author of the communication was the wife of the alleged victim, a Cameroon citizen. The author alleged that a group of police officers broke into her house without a warrant, claiming to be looking for a gun, and began beating her husband (as well as battering the author, who was in an advanced state …Read more
Affordable Medicines Trust, et al. v. Minister of Health, et al.
Country: South AfricaYear: 2006
Court: Constitutional Court
Citation: 2006 (3) SA 247 (CC); 2005 (6) BCLR 529 (CC)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health, Right to work
In this constitutional challenge, the Applicants, including the Affordable Medicines Trust, applied for leave to appeal directly to the Constitutional Court an order of the High Court, which dismissed their constitutional challenge of certain aspects of a Government licensing scheme. The licensing scheme provided that health care providers, such as medical practitioners and dentists, could …Read more
Case 3015/2006
Country: SpainYear: 2006
Court: Supreme Court
Citation: STS 3015/2006
Health Topics: Health systems and financing, Infectious diseases, Medicines
Human Rights: Right to health
Appellant alleged that a resolution issued by the General Directorate of Pharmacy and Chemical Products (GDPCP) violated provisions in Spain’s Law of Medicines and General Law of Health by restricting the distribution of the pharmaceutical Rebetol for reasons other than objective reasons of health. When new pharmaceutical drugs were developed in Spain, owners of the …Read more