López, Glenda, et al. v. Instituto Venezolano de los Seguros Sociales (IVSS)
Country: VenezuelaYear: 2001
Court: Supreme Court
Citation: Expediente No. 00-1343, Sentencia No. 487
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to development, Right to health, Right to life, Right to social security
The Petitioners were a group of people living with HIV covered by the Venezuelan Institute of Social Security (IVSS). They filed an amparo action against the IVSS requesting that it ensure a regular and consistent supply of HIV triple-therapy drugs and other medicines necessary for treatment of opportunistic infections, and that IVSS cover the expense …Read more
M. Vijaya v. Chairman and Managing Director, Singareni Collieries Co. Ltd., Hyd. and Ors
Country: IndiaYear: 2001
Court: High Court - Andhra Pradesh
Citation: 2002 ACJ 32; AIR 2001 AP 502; 201 (5) ALD 522; 2001 (5) ALT 154; 2001 (2) APLJ 450
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice, Medicines
Human Rights: Right to health, Right to life
The Petitioner was the wife of a Pump Operator working for the Respondent, Singareni Colleries Co. Ltd. The Petitioner underwent a family planning operation at the Singareni Maternity Hospital (the Hospital) after which she suffered from abdominal pains. Her pains led to a diagnosis of Chronic Cervicitis for which she had to undergo a hysterectomy. …Read more
Miranda Cortéz, Jorge Odir, et al. v. El Salvador
Country: El SalvadorYear: 2001
Court: Inter-American Commission on Human Rights
Citation: Miranda Cortez v. El Sal., Case 12.249, Inter-Am. Comm’n H.R., Report No. 29/01, OEA/Ser.L/V/II.111 Doc. 20 rev. at 284 (2000).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to life
Applicant filed this petition on behalf of himself and 26 other HIV infected persons against the State of El Salvador alleging Article 26 of the American Convention (the right to health) violation for failing to provide HIV triple therapy medication they needed to prevent death and to improve their quality of life. Petitioner maintains that …Read more
N. R. V. v. Ministry of Health and East Metropolitan Health Service
Country: ChileYear: 2001
Court: Corte Suprema de Justica [Supreme Court of Chile]
Citation: Corte Suprema de Justica [C.S.J.] [Supreme Court of Chile], 9 octubre 2001, "N. R. V. v. Servicio de Salud Metropolitano Oriente y Ministro de Salud," Rol de la causa: 3.599-2001-10-16 (Chile).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to health, Right to life
Petitioners brought an action against the Ministry of Health and the Public Health Service, seeking protection for their constitutional rights to life and freedom from discrimination, in regards to their ability to access medicines and health treatment for HIV/AIDS. Petitioners argued that HIV/AIDS should be considered a public health issue and, consequently, the Ministry of …Read more
People Living with HIV v. Chile
Country: ChileYear: 2001
Court: Inter-American Commission on Human Rights
Citation: Precautionary Measures, Inter-Am. Comm’n H.R., OEA/Ser.L./V/II.114, doc. 5 rev. (2002).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to health, Right to life
The Inter-American Commission granted precautionary measures, in Chile, on behalf of Juan Pablo Améstica Cáceres, Manuel Orlando Farías, and Náyade Orieta Rojas Vera. These three individuals are carriers of the human immunodeficiency virus (HIV/AIDS) who contacted the IACHR because they believed their right to life and health was in serious danger.
Treatment Action Campaign v. Minister of Health (No. 1)
Country: South AfricaYear: 2001
Court: High Court - Transvaal Provincial Division
Citation: 2002(4) BCLR 356 (T)
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Right to health, Right to life
Applicants sought an order that the respondents (the Minister of Health and the members of the executive council for health) make Nevirapine available to pregnant women with HIV who give birth in public health institutions and “produce and implement an effective national program to prevent or reduce mother to child transmission (MTCT) of HIV, including …Read more
United States v. Oakland Cannabis Buyers
Country: United StatesYear: 2001
Court: Supreme Court
Citation: 532 U.S. 483 (2001)
Health Topics: Controlled substances, Health care and health services, Medicines
The Respondent, Oakland Cannabis Buyers’ Cooperative (Cooperative), was a not-for-profit medical cannabis dispensary established after California voters enacted a measure that created “an exception to California laws” that prohibited “the possession and cultivation of marijuana.” The Cooperative had a physician as its medical director, registered nurses as staff during business hours, and dispensed marijuana to …Read more
Alcalá, Cristina Beatriz v. Ministerio de Salud y Acción Social
Country: ArgentinaYear: 2000
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 224. XXXIV.
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to social security
Cristina Beatriz Alcalá filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health and Social Action to obtain the drug, Indinavir, to continue her treatment against AIDS and to test her viral load. She indicated that the treatment consists of a cocktail of drugs consisting of AZT, 3TC and …Read more
Asociación Benghalensis et al. v. Ministerio de Salud y Acción Social – Estado Nacional
Country: ArgentinaYear: 2000
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 186. XXXIV
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Asociación Benghalensis and other non-governmental organizations involved in HIV work brought action pursuant to the Constitution of Argentina and Law No. 23.798 against the government for its failure to provide health services, treatment and special administration of medicines to people living with HIV. Law No. 23.798 declared the response to HIV to be a national …Read more
Campodónico de Beviacqua, Ana Carina v. Ministerio de Salud y Acción Social – Secretaría de Programas de Salud y Banco de Drogas Neoplásicas
Country: ArgentinaYear: 2000
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 823. XXXV
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) in the name of her son, who suffered from Kostmann’s disease, a severe bone marrow defect. Because of this disease, the plaintiff’s son was entirely dependent on a medicine called Neutromax 300. From June 1996 to December 1998, the National Bank of Antineoplastic …Read more