National Institute of Social Security (INSS) v. Santos
Country: BrazilYear: 2006
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: National Institute of Social Security (INSS) v. Santos Al-AgR 47097/ SP, Supremo Tribunal Federal [Federal Supreme Court] (2006).
Health Topics: Health care and health services, Poverty
Human Rights: Right to health
The National Institute of Social Security filed an interlocutory appeal with basis in the Code of Civil Procedure and the bylaws of the Federal Supreme Court against the decision upheld by this same court in September 2005 which stated that the matter in discussion did not directly offend the Constitution and required the re-examination of …Read more
R (on the application of Axon) v. Secretary of State for Health and Anr.
Country: United KingdomYear: 2006
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2006] EWHC 37 (Admin)
Health Topics: Child and adolescent health, Health care and health services, Health information, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom of expression, Right of access to information, Right to family life, Right to privacy
The Applicant, Sue Axon, alleged that the Family Planning Association violated the rights of parents under article 8 of the European Convention on Human Rights (ECHR) (right to respect for private and family life). The Association provided confidential advice and treatment regarding contraception, sexually transmitted infections and abortion to persons under the age of sixteen …Read more
R (on the application of Rogers) v. Swindon NHS Primary Care Trust and Anr.
Country: United KingdomYear: 2006
Court: Court of Appeal, Civil Division
Citation: [2006] EWCA Civ 392
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to health, Right to life
The appellant Ann Rogers, suffered from type HER2 breast cancer, which was in its early stages. She had a poor prognosis of only a 25% chance of remaining free of breast cancer and a 43% chance of being alive at ten years. Herceptin was licensed by the European Medicines Agency (EMEA) for treatment of only …Read more
Radovan Zecevic to the Constitutional Court
Country: MacedoniaYear: 2006
Court: Constitutional Court
Citation: 60/2006-0-0
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to social security
The Petitioner, Radovan Zecevic, challenged a provision from the Law on Health Insurance (the Law) which excluded any health conditions resulting from the conduct of a criminal offence or a misdemeanour from being funded under the Law. Zecevic argued that the provision was contrary to the right to equality, the right to social security, and …Read more
Sarban v. Moldova
Country: MoldovaYear: 2006
Court: European Court of Human Rights
Citation: Application No. 3456/05
Health Topics: Child and adolescent health, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to liberty and security of person, Right to privacy
The applicant is Mr. Vladimir Sarban, a Moldovan National. He was a secretary of Chişinău Municipal Council. He was held in detention on the charges of abuse of power regarding the purchase of 40 ambulances on behalf of the municipal council. However, the Court noted that the prosecutor “essentially stated” that the arrest was done …Read more
Sawhoyamaxa Indigenous Community v. Paraguay
Country: ParaguayYear: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 146 (Mar. 29, 2006).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Medicines, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to property
The Sawhoyamaxa, an indigenous community in Paraguay brought the case against the Paraguayan government for failing to ensure their ancestral property right. The Sawhoyamaxa’s claim for territorial rights had been pending since 1991. The lands at issue constituted their traditional habitat suitable for their subsistence activities, consisting of hunting, fishing, and gathering. The lands claimed …Read more
Sesana v. Attorney General
Country: BotswanaYear: 2006
Court: High Court - Lobatse
Citation: Misca. No. 52 of 2002
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Infectious diseases, Informed consent, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to participation, Right to property
In March 2002, the Botswana Government terminated certain basic services to the Central Kalahari Game Reserve (CKGR), including access to: Drinking water; Maintenance of borehole water; Rations to registered destitute; Rations to registered orphans; Transport for the applicants’ children to and from school; and Healthcare to the applicants through mobile clinics and ambulance services. The …Read more
Staykov v. Bulgaria
Country: BulgariaYear: 2006
Court: The European Court of Human Rights
Citation: Application No. 49438/99
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person
The applicant was arrested. He was charged with murder of an 81 year old. He was detained. All his applications for release were denied before and after his conviction. He stated that the case against him was weak, there was no risk of flight and his health was deteriorating. He was finally released on bail. …Read more
Terry Buffett v. Canadian Forces
Country: CanadaYear: 2006
Court: Canadian Human Rights Tribunal
Citation: 2006 CHRT 39
Health Topics: Disabilities, Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination
Terry Buffet, a male service member in the Canadian Armed Forces wanted to use his employment benefit for in vitro fertilization (IVF) because of reasons of his infertility. The Canadian Forces (CF) provided insurance for military members, but not for their family members. CF did, however, provide coverage of IVF to female military members. Upon …Read more
Victoria Yisraeli v. Health Basket Committee
Country: IsraelYear: 2006
Court: Supreme Court (sitting as High Court of Justice)
Citation: HCJ 2974/06
Health Topics: Disabilities, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health
Vicki Yisraeli was gradually going deaf, and was diagnosed as having hearing at a level 15% of that of a healthy person. She sought a cochlear implant procedure to save her hearing. However, to obtain one, she was required under the Second Supplement of the National Insurance Law, 1994 (the Law) to pay a participation …Read more