A.V. et al. v. Estado Nacional [Ministerio de Salud de la Nación- Programa Nacional de Lucha contra el S.I.D.A.]
Country: ArgentinaYear: 2004
Court: Juzgado Nacional de Primera Instancia en lo Civil y Comercial Federal, Sala II [Federal Civil and Commercial Court of First Instance, 2nd Chamber]
Citation: Caso n° 3223/02, 27 February 2004.
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
The Petitioners were persons living with HIV. They brought action against the Ministry of Health of Argentina for failing to provide necessary medical treatment guaranteed by the Programa Nacional de Lucha contra el S.I.D.A. (National Programme Against AIDS). Petitioners filed a writ of amparo requesting judicial protection of their right to health and requesting that …Read more
Brown v. Johnson
Country: United StatesYear: 2004
Court: 11th Circuit Court of Appeal
Citation: 387 F.3d 1344 (2004)
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
Plaintiff, a prisoner, filed suit alleging violation of the due process clause of the Fourteenth Amendment and of the Eight Amendment as a result of Defendants’ withdrawing his prescribed medications. Upon entry into Georgia State Prison, Plaintiff’s medical records indicated he suffered from HIV and hepatitis. Plaintiff was prescribed medications for HIV and hepatitis ten …Read more
Case 2945-2003-AA/TC
Country: PeruYear: 2004
Court: Constitutional Court
Citation: Sentencia 2945-2003-AA/TC (2004). (Azanca Alhelí Meza García v. Ministry of Health)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
The petitioner filed a writ of amparo (appeal for legal protection) against the Ministry of Health of Peru. She sought free administration of comprehensive medical treatment for HIV, including both the continuous delivery of necessary medicines and the performance of periodic CD4 cell count and viral load tests upon medical indication and/or the patient’s urgent …Read more
Case T-081/04
Country: ColombiaYear: 2004
Court: Constitutional Court [Corte Constitucional]
Citation: Constitutional Court, Ninth Revision Chamber, February four (4), two thousand and four (2004), Magistrate: Dr. CLARA INES VARGAS HERNANDEZ, Ruling T-081/04
Health Topics: Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life, Right to social security
Mr. Rodrigo Alberto Valencia Echeverri brought a Constitutional Action against Cafesalud EPS (“EPS”), a Health Promoting Entity, arguing that his fundamental rights to health and social security had been violated. The plaintiff affirmed that EPS would not administer a medicine called “gadolinium contrast dye”, which was required to conduct a “brain magnetic resonance” exam. This …Read more
Secretary of State for the Home Department v. UK
Country: United KingdomYear: 2004
Court: Immigration Appeal Tribunal
Citation: [2004] UKIAT 00262
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to health, Right to privacy
This case concerns an adjudicator’s review of the deportability of a Rwandan national infected with HIV in the UK. The claimant was a Rwandan, who in June 2001 was raped by soldiers in her home and took her husband. The incident arose out of the 1994 Rwandan genocide, in which her husband was a member of …Read more
Adviento v Canada (Minister of Citizenship and Immigration)
Country: CanadaYear: 2003
Court: Federal Court
Citation: 2003 FC 1430
Health Topics: Chronic and noncommunicable diseases, Health information, Health systems and financing, Medicines, Poverty
Human Rights: Right to health
The applicant was a citizen of the Philippines who entered Canada in 1990 under the Foreign Domestic Program, later renamed the Live-In Caregiver Program. She remained legally employed as a caregiver until her employment authorization expired in 1998. Nonetheless, she continued to stay and work in Canada. In 1994, the applicant was diagnosed with kidney …Read more
Asociación de Esclerosis Múltiple de Salta v. Ministerio de Salud – Estado Nacional
Country: ArgentinaYear: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 891. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
The 939/00 Obligatory Medical Program provided medication to persons suffering from multiple sclerosis and isolated demyelinating syndrome, a precondition of multiple sclerosis. The National Ministry of Health passed a resolution to amend this program. The resolution had the effect of excluding from the program all isolated demyelinating syndrome sufferers and any multiple sclerosis sufferers who had …Read more
Barría, Mercedes Clelia v. Provincia de Chubut et al.
Country: ArgentinaYear: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 2207. XXXIX.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
The plaintiffs, Mercedes Clelia Barria and Juan Carlos Figueroa, filed a guarantee of protection of individual constitutional rights (amparo protection) and a precautionary measure against the Government of the Province of Chubut and the National Government, both responsible for the Federal Health Program (a , to obtain the continuation of the medical treatment which was essential …Read more
Case 26/2003-R
Country: BoliviaYear: 2003
Court: Constitutional Tribunal [Tribunal Constitucional]
Citation: Ana María Romero de Campero, Defensora del Pueblo v. Máximo García Bonilla, et al., General Manager of Health
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life, Right to social security
The applicant ombudsman, representing N.N., brought an action against the President and General Auditor of the Supreme Court of Military Justice, and against the General Manager and Manager of Health of Military Social Security Corporation (COSSMIL). The applicant alleged that by denying N.N. a right to medical treatment, his right to health, life and social …Read more
Case of Van Kuck v. Germany
Country: GermanyYear: 2003
Court: The European Court of Human Rights
Citation: Applications no. 35968/97
Health Topics: Health care and health services, Health systems and financing, Medicines, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
The applicant instituted proceedings before the District Court to change her forename to Carola Brenda. The District Court held that the conditions under the Transsexuals Act were met and granted the request in 1991. In 1992, the applicant brought an action against a German health insurance company. She claimed reimbursement for hormone therapy and sex-reassignment …Read more