Toussaint v. Canada (Attorney General)
Country: CanadaYear: 2010
Court: Federal Court
Citation: (2010) FC 810
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines, Poverty
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to health, Right to life
The applicant challenged the decision of the Citizenship and Immigration Canada’s (‘CIC’) to deny her coverage under the Interim Federal Health Program (‘IFHP’) for her medical care, hospitalization, and related expenses. At the time the applicant began seeking medical services, she was illegally in Canada; her temporary resident visa had expired, and she had not …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
All India Lawyers Union v. Government of NCT of Delhi and Others
Country: IndiaYear: 2009
Court: High Court - Delhi
Citation: WP(C) No.5410/199
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to health, Right to life
In 1986, the Delhi Capital Government (“GNCTD”) decided to convert the vacant Players’ Building into a multi-specialty hospital on a ‘no profit, no loss’ basis and invited offers from private institutions. GNTCD issued a notice stating that the vacant building along with the land was to be made available free of cost provided that the …Read more
Belashev v. Russia
Country: RussiaYear: 2009
Court: European Court of Human Rights
Citation: Belashev v. Russia
Health Topics: Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
A Russian national filed a claim against the Russian government for violating his rights under Article 3 (inhuman and degrading treatment) of the European Convention on Human Rights (ECHR) when he was subjected to poor conditions during his imprisonment. The applicant was arrested, convicted on criminal charges and sentenced to over 10.5 years of detention. …Read more
Carlos Raul Morales Catalan v. Guatemala
Country: GuatemalaYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 120/09, Petition 270-01
Health Topics: Child and adolescent health, Health care and health services, Poverty
Human Rights: Right to due process/fair trial, Right to life
In July 1998, two sons were in a car crash from which they suffered serious injuries and needed to undergo several surgical procedures. Their father brought a case against the state of Guatemala. In March 1999, criminal and civil charges were filed against the drivers of the two vehicles under domestic Guatemalan law, leading to a …Read more
Case 0012-09-SIS-CC, Case 0007-09-IS
Country: EcuadorYear: 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
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
Case 2-88-09
Country: RussiaYear: 2009
Court: Moscow District Court
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to health
The applicant R.A. injured his right ankle joint when ice skating on January 4th, 2008. He went to an emergency room at the defendant’s Medical Healthcare Institution ”G” (“MHI ‘G’”) in order to receive care. However, a doctor there only examined his ankle with her hands, and diagnosed a ligament sprain in the right joint, …Read more
Case 2009-170
Country: BelgiumYear: 2009
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4607. C. C., n°2009-170, 29 October 2009
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination
The applicants were two, non-authorized physicians registered with the Saint-Vincent-Sainte-Elisabeth Hospital Center. Non-authorized physicians, unlike authorized physicians, work in private settings and do not fall within the public national healthcare system. The applicants challenged the constitutionality of Article 46 of a 2006 law passed on health provisions, in that it treated authorized and non-authorized doctors …Read more
Case 2009-584 DC
Country: FranceYear: 2009
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2009-584 DC, 16 July 2009
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medicines, Mental health
Human Rights: Right to health
This case concerned a constitutional challenge to Articles 1, 10, 23, 84, 91 and 133 of law no. 2009-879 of July 21 2009, Loi portant réforme de l’hôpital et relative aux patients, à la santé et aux territoires (Law reforming hospitals and relating to patients, health and the territories) (the Law) in the Conseil Constitutionnel. …Read more
Case 4053-2009
Country: GuatemalaYear: 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
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