414 judgments found.

Case 4448-2008

Country: Guatemala
Year: 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
Facts:

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

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Diagnostics, Health insurance, Health spending, Skin disease, Social security
Download Judgment: English Spanish

Case C-727/09

Country: Colombia
Year: 2009
Court: Colombian Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Plena octubre 14, 2009, M.P.: María Victoria Calle Correa, Sentencia C-727/09 (Colom.).
Health Topics: Aging, Health care and health services, Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to favorable working conditions, Right to health, Right to social security
Facts:

Petitioner Hernán Antonio Barrero Bravo brought action challenging the constitutionality of Law 860 (Reform of the Social Security System law), alleging its violation of articles 48 (principle of progressive realization), 49 (principle of non-retrogression of social rights) and 53 (principle of non-retrogression in the protection given by the previous law) of the Constitution in changing …Read more

Tags: Access to health care, Access to treatment, Aged persons, Elderly, Health expenditures, Health insurance, Health regulation, Long-term care, Older persons, Senior citizens, Social security
Download Judgment: Spanish

Case of Kapryowski v. Poland

Country: Canada
Year: 2009
Court: The European Court of Human Rights
Citation: [2009] ECHR 23052/05
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Since 1996 the applicant had suffered from a number of health issues including epilepsy and dementia. The applicant was also a recidivist offender and was regularly in and out of prison, serving his sentences in various detention establishments across Poland. The focus of the applicant’s complaint was on his treatment during his imprisonment at Poznań …Read more

Tags: Access to health care, Access to treatment, Custody, Degrading treatment, Detainee, Detention, Emergency care, Humiliating treatment, Imprisonment, Inhuman treatment, Inmate, Jail, Prison conditions
Download Judgment: English

Case T-388/09

Country: Colombia
Year: 2009
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Octava de Revisión mayo 28, 2009, M.P.: Humberto Antonio Sierra Porto, Sentencia T-388/09 (Colom.).
Health Topics: Health care and health services, Health systems and financing, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

The petitioner, a Colombian national, filed a tutela (an appeal for legal protection) on behalf of his partner who was 19 weeks pregnant. The petitioner’s partner underwent examination and discovered that the fetus exhibited serious malformations that made the fetus unviable. Despite the advice of a board of specialists to terminate the pregnancy, the local health …Read more

Tags: Abortion, Access to health care, Access to treatment, Clinics, Conscientious objection, Criminalization, Family planning, Health care professionals, Health expenditures, Health facilities, Health funding, Health insurance, Out-of-pocket expenditures, Pregnancy, Private hospitals, Public hospitals, Subsidies, Termination of pregnancy, Unsafe abortion
Download Judgment: Spanish

Community of La Oroya v. Peru

Country: Peru
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 76/09, Petition 1473-06, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Health care and health services, Sexual and reproductive health
Human Rights: Freedom of expression, Right to a clean environment, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to privacy
Facts:

Petitioners alleged that environmental pollution from a metallurgical complex in La Oroya, Peru caused a series of violations of the rights of community members. They alleged Peru was guilty by act and omission for its failure to control the metallurgical complex; its lack of supervision of the facility’s operation; and its failure to adopt measures …Read more

Tags: Access to health care, Access to treatment, Asthma, Biohazard, Biosafety, Cancer, Child development, Child mortality, Children, Contamination, Diagnostics, Heart disease, Industrial waste, Infant health, Infant mortality, Infertility, Kidney disease, Lung disease, Maternal health, Minor, Neurological diseases, Poisoning, Pollution, Respiratory diseases, Skin disease, Toxic waste
Download Judgment: English Spanish

Enea v. Italy

Country: Italy
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 74912/01
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The plaintiff, Salvatore Enea, was sentenced to 30 years in prison for crimes related to mafia-type criminal organization, drug trafficking, and illegal possession of firearms. The Minister of Justice ordered the plaintiff be subject to a special prison regime for one year due to the danger he presented to society. The regime included restricting family …Read more

Tags: Access to health care, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions, Torture
Download Judgment: English

In the Matter of an Application by the Society for the Protection of Unborn Children for Judicial Review

Country: United Kingdom
Year: 2009
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2009] NIQB 92
Health Topics: Health care and health services, Health information, Informed consent, Sexual and reproductive health
Human Rights: Right to life
Facts:

The law applicable to abortion and medically induced miscarriages in Northern Ireland was a 19th century law (the Offences against the Person Act 1861), which made it a crime to procure a miscarriage. Courts had interpreted this principle to decide that if a person who procured the abortion acted in good faith for the purpose …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Conscientious objection, Health education, Informed choice, Late-term abortion, Maternal health, Miscarriage, Partial birth abortion, Patient choice, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

J.S.C.H., et al. v. Mexico

Country: Mexico
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 02/09, Petitions 302-04 and 386-04, February 4, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Informed consent, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy, Right to social security, Right to work
Facts:

This report addresses the admissibility of a petition that alleged Mexico failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to equal protection of the law and the right to humane treatment. J.S.C.H. and M.G.S. were discharged from the Mexican Army because of their HIV …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Compulsory testing, Confidentiality, Disclosure, Employment, First-line treatment, Health information, HIV, HIV positive, HIV status, Involuntary testing, Mandatory testing, Medical records, Military, Non-consensual testing and treatment, Non-disclosure, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English Spanish

Jorge Odir Miranda Cortez v. El Salvador

Country: El Salvador
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 27/09, Case 12.249, March 20, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to life, Right to privacy, Right to work
Facts:

This report addresses allegations that El Salvador failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to health and the right life. Petitioner, Jorge Odir Miranda Cortez, filed a petition on behalf of himself and 26 other people living with HIV against the State of …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Cruel treatment, Degrading treatment, Diagnostics, Examination, First-line treatment, HIV, HIV positive, HIV status, Inhuman treatment, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture, Transmission
Download Judgment: English Spanish

Masangano v. Attorney General

Country: Malawi
Year: 2009
Court: High Court at Lilongwe
Citation: 2009 AHRLR 353 (MHC 2009)
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Gable Masango, a prisoner serving a twelve-year prison term in Malawi, brought suit against Malawian government officials claiming the conditions of his and his fellow prisoners’ imprisonment violated the Republic of Malawi Constitution and the Prison Regulations of the Prisons Act (“Prison Regulations”). The prisoner alleged that the prison provided insufficient resources, including insufficient diet …Read more

Tags: Abuse, Access to drugs, Access to health care, Access to medicines, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Food, Food shortages, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Malnutrition, Prison conditions, TB, Torture, Tuberculosis
Download Judgment: English