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
Patiño Linares v. Ministerio de Salud Pública y Asistencia Social
Country: El SalvadorYear: 2002
Court: Constitutional Chamber of the Supreme Court of Justice [Sala de lo Constitucional de la Corte Suprema de Justicia]
Citation: Acción de Amparo, Case No. 46-2002, 11 de septiembre de 2002.
Health Topics: Health care and health services, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
This case involved an HIV-positive plaintiff who claimed that the Ministry of Public Health and Social Assistance denied him an associated antiretroviral therapy. The plaintiff filed an action for the protection of his fundamental human rights, claiming that the Ministry had violated his right to health and life, under articles 2 and 65 of the …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
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
Arcila Henao v. Netherlands
Country: NetherlandsYear: 2001
Court: European Court of Human Rights
Citation: Application No. 13669/03
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The applicant was a Columbian national residing in the Netherlands. He complained that his expulsion to Columbia would violate Article 3 of the European Convention on Human Rights (the “Convention”) which prohibits torture and inhuman or degrading punishment, as he would be unable to continue treatment for his HIV and Hepatitis B and would therefore …Read more
Capizzano de Galdi, Concepción v. I.O.S [Instituto de Obra Social]
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 646. XXXVI.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
The plaintiff, Maria Constantina Capizzano de Galdi, filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Welfare Institute (“Instituto de Obra Social”) in order to restore the medical service that was no longer offered to her. The plaintiff’s medical services were suspended by the respondent by a resolution for failure …Read more
Case 3.599-2001
Country: ChileYear: 2001
Court: Supreme Court
Citation: Rol No. 3599
Health Topics: Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health
The Appellants are HIV-positive and cannot afford the life-sustaining drugs needed to treat their condition. They submitted a protection order to the Court to require the Metropolitan Health Services to provide certain life-sustaining drugs.
Case T-1132/01
Country: ColombiaYear: 2001
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Séptima de Revisión octubre 25, 2001, M.P.: Eduardo Montealegre Lynett, Sentencia T-1132/01 (Colom.).
Health Topics: Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life, Right to social security
Originally, three individuals living with HIV brought action against Hospital Simón Bolívar and the District’s Secretary of Health for the Hospital’s refusal to provide them with the necessary medications and treatment for their condition upon petitioners’ inability to afford payment of the medications and services. The petitioners claimed violations of their rights to health, life …Read more
Etcheverry, Roberto Eduardo v. Omint Sociedad Anónima y Servicios
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: E. 34. XXXV
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life
The Petitioner, Roberto Eduardo Etcheverry, worked for ISC Bunker Ramos S.A between April 1992 and June 1993, and was formally employed by them until 1997. During his employment, he was a member of Omint, a health insurance company. His coverage with Omint was paid for by ISC Bunker Ramos under an unwritten arrangement. ISC Bunker …Read more