Case 2010-2 QPC
Country: FranceYear: 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
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
Case 2605-2009
Country: GuatemalaYear: 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
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
Case 4111-2009
Country: GuatemalaYear: 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
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
Case 95
Country: RomaniaYear: 2010
Court: National Council for Combating Discrimination
Citation: Decision No. 95 of 9 June 2010
Health Topics: Aging, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
The petitioner, the National Council for Combating Discrimination, alleged that Order No. 1352/2009 (the” challenged order”) issued by the Ministry of Health, the defendant, violated the paragraph 1 of Article 1 and Article 10, pt (b) of Governmental Ordinance No. 137/2000, which prevented and sanctioned all forms of discrimination. The petitioner claimed that the challenged …Read more
Case III SA/Kr 148/10
Country: PolandYear: 2010
Court: Wojewódzki Sąd Administracyjny w Krakowie [Voivodeship Administrative Court – Krakow]
Citation: Case file No. III SA/Kr 148/10
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
The plaintiff lost his unemployed person status for three months due to his failure to appear at the Labor office on an appointed date and for not providing a reason afterwards for his missed appointment. He missed the appointment because he was confused about the appointment date. Losing his unemployment status resulted in him losing …Read more
Case T-045/10
Country: ColombiaYear: 2010
Court: Constitutional Court of Colombia
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Primera de Revisión febrero 2, 2010, M.P.: María Victoria Calle Correa, Sentencia T-045/10 (Colom.).
Health Topics: Disasters and emergencies, Health care and health services, Mental health, Violence
Human Rights: Freedom from discrimination, Right to health
An amparo action (appeal for legal protection) was brought against the Ministry of Social Protection by the Colombian Commission of Jurists (Comisión Colombiana de Juristas) on behalf of three women (Diana Carmenza Redondo, Argénida Torres, and María Romero), who were victims of massacres orchestrated by either paramilitaries or guerrillas, who were thereafter displaced from their communities, …Read more
Case T-974/10
Country: ColombiaYear: 2010
Court: Constitutional Court
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Séptima de Revisión de Tutelas noviembre 30, 2010, M.P.: Jorge Ignacio Pretelt Chaljub, Sentencia T-974/10 (Colom.).
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Mental health, Poverty
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to education, Right to health
The applicant, a Colombian woman, tutela action (appeal for legal protection) on behalf of her daughter against EPS Coomeva, a health care provider in Colombia. The child was diagnosed with cognitive disabilities, which required, according to the Fundación Integrar de Medellín, an institution specialized in the care of patients, that the child receive special education …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
Giuliani, Celia v. Dincros S.A.
Country: ArgentinaYear: 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
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
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