Case T-209/99
Country: ColombiaYear: 1999
Court: Constitutional Court [Corte Constitucional]
Citation: Constitutional Court, Fourth Revision Chamber, April thirteen (13) ninty ninty nine (1999), Magistrate Dr. CARLOS GAVIRIA DÍAZ, Ruling T-209/99.
Health Topics: Health care and health services, Health systems and financing, Mental health
Human Rights: Right to bodily integrity, Right to family life, Right to health, Right to life, Right to social security
This joint appeal involved two cases wherein mentally ill individuals were released from psychiatric hospitals into the care of their families. In File 152.647, Jorge Sandro Hernandez Tacuri had been repeatedly admitted into psychiatric hospitals because he suffered from a variety of mental psychosis, including schizophrenia and epilepsy. After treatment in the psychiatric hospital, Jorge …Read more
Cruz del Valle Bermúdez, et al. v. Ministerio de Sanidad y Asistencia Social (MSAS)
Country: VenezuelaYear: 1999
Court: Supreme Court
Citation: Sentencia No. 196
Health Topics: Health care and health services, Health information, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person, Right to life, Rights to the benefits of culture
The petitioners were a group of persons living with HIV. They filed a writ of amparo against Venezuela’s Ministry of Health and Social Assistance (the Ministry). The Petitioners asked the Court to enjoin the Ministry to provide, free of charge: (1) the regular and periodic delivery of antiretroviral drugs and medication for opportunistic diseases; (2) …Read more
Enxet-Lamenxay & Kayleyphapopyet (Riachito) v. Paraguay
Country: ParaguayYear: 1999
Court: Inter-American Commission on Human Rights
Citation: Case 11.713, Inter-Am. Comm’n H.R., Report No. 90/99, OEA/Ser.L/V/II.106Doc. 6 rev. (1999).
Health Topics: Diet and nutrition, Health care and health services, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to property, Rights to the benefits of culture
In 1991, representatives of the indigenous Enxet-Lamenxay and Kayleyphapopyet-Riachito communities commenced administrative proceedings against the Government of Paraguay to recover what they claimed was ancestral land that Paraguay had largely sold to foreigners in the years between 1885 and 1950. The petitioners described the land as “their main sustenance came from hunting, fishing, and gathering.” The …Read more
Nowinski, Elsa Alicia s/inconstitucionalidad artículo 16 de la ley 6982
Country: ArgentinaYear: 1999
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: N. 36. XXXII.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom of association, Right to health, Right to property, Right to social security
The plaintiff filed a claim arguing the constitutionality of article 16 of the law no.6982, which required retirees and pensioners who previously received health services from the Institute of Social Welfare to change their affiliation to the Institute of Medical Assistance IOMA (a health provider). The plaintiff claimed that this law violated articles 14, 17, 28, 33, …Read more
R v. North West Lancashire Health Authority, ex parte A, D, & G
Country: United KingdomYear: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 2022; [2000] 1 WLR 977
Health Topics: Health care and health services, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
North West Lancashire Health Authority (the Authority), the Appellant, appealed against an order quashing the Authority’s decision to refuse gender reassignment treatment to A, D and G, the Respondents. A, D and G all suffered from “gender identity dysphoria,” or transsexualism. Each had male physical characteristics but female sexual identity. A and G had been …Read more
Schauman de Scaiola, Martha Susana v. Provincia de Santa Cruz et al.
Country: ArgentinaYear: 1999
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S. 360. XXV.
Health Topics: Disabilities, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to health, Right to life
Martha Susana Schauman de Scaiola filed a suit against Dr. Juan Manuel Padrón and the Regional Hospital of Río Gallegos of the Government of the Province of Santa Cruz to hold them responsible for her son’s death, due to medical malpractice. She claimed liquidated damages due to her suffering caused from the death of her …Read more
Aerts v. Belgium
Country: BelgiumYear: 1998
Court: European Court of Human Rights
Citation: Application No. 25357/94; (1998) 29 EHRR 50; [1998] ECHR 64; 5 BHRC 382; [1998] HRCD 749; (2000) 53 BMLR 79
Health Topics: Controlled substances, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Michael Aerts, complained his continued detention in the psychiatric wing of a prison pending his transfer to the Social Protection Centre breached the right to liberty and security of person in article 5(1) of the European Convention on Human Rights (ECHR), the right to fair hearing under article 6(1) of the ECHR, and the prohibition …Read more
International Pen and Others. on Behalf of Saro Wiwa v. Nigeria
Country: NigeriaYear: 1998
Court: African Commission on Human and Peoples' Rights
Citation: AHRLR 212 (ACHPR 1998); Communications 137/94, 139/94, 154/96 and 161/97
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Right of access to information, Right to acquire nationality, Right to due process/fair trial, Right to health, Right to liberty and security of person, Right to life
S, a writer and president of an Ogoni people’s movement, and L (the movement’s vice-president) were arrested in May 1994 after the murder of four Ogoni leaders following a riot which had occurred during a meeting organized by the movement. It was alleged that S was severely beaten during the first days of his detention …Read more
L.C.B. v. United Kingdom
Country: United KingdomYear: 1998
Court: European Court of Human Rights
Citation: L.C.B. v. U.K., App. No. 23413/94, 27 Eur. H.R. Rep. 212 (1998).
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Occupational health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Applicant’s father served as a catering assistant in the British Royal Air Force and had been present at Christmas Island during four nuclear tests. Applicant was diagnosed with leukemia at an early age. Her records of admission to hospital included, under the heading “Summary of Possible Causative Factors” that her father was exposed to radiation. …Read more
Liaquat and another v. Pakistan
Country: PakistanYear: 1998
Court: Federal Shariat Court
Citation: 1999 P Cr. L J 1004
Health Topics: Child and adolescent health, Health care and health services, Prisons
Human Rights: Right to liberty and security of person
The appellant was an incarcerated woman who was pregnant and gave birth to a baby girl while in jail. She had earlier appealed her incarceration, but the appeal was dismissed with a provision to bring the application before the court again if there were any new developments regarding the viability of the foetus. The appellant …Read more