Kalashnikov v. Russia
Country: RussiaYear: 2002
Court: European Court of Human Rights
Citation: App. No. 47095/99, 36 Eur. H.R. Rep. 34 (2003).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons, Tobacco, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Applicant, Russian national and President of the Northeast Commercial Bank, was accused of embezzlement and placed in detention. According to the applicant, he was detained in overcrowded and unsanitary cells, which occasionally contained inmates suffering from tuberculosis and syphilis. Moreover, the cells had inadequate toilet facilities, insufficient ventilation, and pest infestations. As a result the …Read more
Mansaray v. Secretary of State for the Home Department
Country: United KingdomYear: 2002
Court: Immigration Appeal Tribunal
Citation: [2002] UKIAT 04459
Health Topics: Health care and health services, Mental health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Haja Mansaray, a Sierra Leone national, appealed a decision to refuse her asylum. She alleged that her removal would be contrary to the Refugee Convention and in violation of article 3 (inhuman or degrading treatment) of the European Convention on Human Rights (ECHR), because she would be unable to access the mental health care she …Read more
Montgomery v. Pinchak
Country: United StatesYear: 2002
Court: 3rd Circuit Court of Appeal
Citation: 294 F.3d 492 (2002)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The Appellant, Montgomery, was an inmate at the East Jersey State Prison (the Prison). Montgomery suffered from a heart condition and was HIV-positive. He brought these proceedings against prison administrative officials, the private corporate entity providing medical care to the prison (CMS), and a physician employed by CMS as an independent contractor at the prison. …Read more
Nitecki v. Poland
Country: PolandYear: 2002
Court: European Court of Human Rights
Citation: Application No. 65653/01
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
Applicant Mr. Zdzislaw Nitecki was a Polish national diagnosed with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, in 1976. In June 1999, he was prescribed the drug Rilutek to treat his ALS. He appealed to the Kujawsko-Pomorski Health Insurance Fund (“Fund”) to reimburse his out-of-pocket costs, noting that, as a pensioner, he …Read more
Orlando, Susana Beatriz v. Provincia de Buenos Aires et al.
Country: ArgentinaYear: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: O. 59. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Medicines, Poverty
Human Rights: Right to health
A 55-year-old woman suffering from multiple sclerosis brought case against the Government of Argentina and the Province of Buenos Aires for acts and omissions that prevented the provision of the medications necessary for her condition that she could not afford. The petitioner’s illness did not fall within the provincial government’s jurisdiction for coverage. Therefore, the …Read more
Paul Lallion v. Grenada
Country: GrenadaYear: 2002
Court: Inter-American Commission on Human Rights
Citation: Paul Lallion, Report No. 55/02, Case 11.756, IACHR, Doc. 5 rev. 1 at 551, 21 October 2002
Health Topics: Diet and nutrition, Health care and health services, Poverty, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to life
Paul Lallion appealed to the Inter-American Commission on Human Rights alleging that his death penalty sentencing and appeal process, as well as the prison conditions he was subjected to during this process, violated Articles 4 (right to life), 5 (right to humane treatment), 7 (right to personal liberty), 8 (right to a fair trial), and …Read more
Paulini, Héctor Daniel et al. v. Provincia de Buenos Aires et. al.
Country: ArgentinaYear: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 952. XXXVIII.
Health Topics: Child and adolescent health, Disabilities, Health care and health services
Human Rights: Right to health, Right to social security
The plaintiffs filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance of the Province of Buenos Aires (IOMA), and subsequently, the Province of Buenos Aires and the National State to provide health coverage for their underage son who was disabled. The plaintiffs argued that as the health insurance company …Read more
Physicians for Human Rights, et. al v. Commander of IDF Forces in the West Bank
Country: IsraelYear: 2002
Court: Supreme Court
Citation: HCJ 2936/02; HCJ 2941/02
Health Topics: Disasters and emergencies, Health care and health services, Hospitals, Violence
These petitions were filed during Israel Defense Force (“IDF”) combat activities (called “Operation Defensive Wall”) in the areas of the Palestinian Authority. IDF forces allegedly shot at the Red Cross and its medical teams who were working out of ambulances and in the hospitals. This prevented workers from taking the sick and wounded to hospitals …Read more
Pizzi, Marcelo Daniel v. Ministerio de Salud de la Nación et al.
Country: ArgentinaYear: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 418. XXXVIII.
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health and the Province of Buenos Aires to obtain coverage for the medical treatment that he required. The case was brought by the Federal Court of Appeals to the Supreme Court of Justice because it understood that it …Read more
Ramos, Marta Roxana, et al. v. Province of Buenos Aires, et al.
Country: ArgentinaYear: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 12/3/2002, "Ramos, Marta Roxana y otros c/ Buenos Aires, Provincia de y Otros s/Amparo," (R. 1012. XXXVI) (Arg.).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to development, Right to education, Right to food, Right to health, Right to housing, Right to social security
Woman living in extreme poverty brought an action against the Ministry of Social Development and Environment of the Nation, the Province of Buenos Aires, and Hospital of Pediatrics Profesor Juan P. Garrahan on behalf of her eight children and herself, seeking, among others, the protection of their rights to food, health, education, and housing; the …Read more