195 judgments found.

Wong v. Commonwealth

Country: Australia
Year: 2009
Court: High Court
Citation: (2009) 236 CLR 573; [2009] HCA 3
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to favorable working conditions, Right to health, Right to social security, Right to work
Facts:

Wong and Selim were “vocationally registered general practitioner(s)” within s 3F of the Health Insurance Act 1973 (Cth) (the Act). Both were found to have engaged in “inappropriate practice” by a Professional Services Review Committee (the Committee) established under Pt VAA (ss 80-106ZR) of the Act. The effect of the Committee’s findings was to require …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Compensation, Employment, Health funding, Health insurance, Health regulation, Inadequate treatment, Inappropriate treatment, Military, Out-of-pocket expenditures, Reimbursement, Social security, Subsidies
Download Judgment: English

Aleksanyan v. Russia

Country: Russia
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 46468/06; [2009] ECHR 1226
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person
Facts:

A, a Russian national, was a former practicing member of the Moscow bar. On 29 March 2006 a Moscow district court authorized the criminal prosecution of A in connection with his alleged participation in the embezzlement of property and shares of several oil companies in the late 1990s. On 5 April 2006 Russian authorities searched …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Blind, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Essential medicines, First-line treatment, HIV, HIV positive, HIV status, Incarceration, Inhuman treatment, Inmate, Jail, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Andrea Mortlock v. United States

Country: United States
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 63/08, Case 12.534
Health Topics: Chronic and noncommunicable diseases, Controlled substances, 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
Facts:

This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners included the Legal Aid Society and the International Human Rights Clinic at Washington College of Law. Petitioners alleged the United States violated the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Addiction, AIDS, Antiretrovirals, ARVs, Cocaine, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Drug abuse, Drug enforcement, Drug use, Emergency care, First-line treatment, HIV, HIV positive, HIV status, Immigration, Imprisonment, Incarceration, Inhuman treatment, Inmate, Marijuana, Migrants, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Substance abuse, Torture
Download Judgment: English Spanish

Case 1157/2007-II

Country: Mexico
Year: 2008
Court: District Court of the State of Guerrero
Citation: Juzgado del Distrito de Guerrero [JD] [District Court of Guerrero], J.A.IA. 1157/2007-II (Mex.). (Mini Numa Community v. Secretary of Health, et al.)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Right to health, Right to life, Right to social security
Facts:

Mini Numa is an indigenous rural community located in the state of Guerrero, Mexico, composed of a population of 270 and whose closest medical center is four kilometers/one hour away in Metlatónoc, Guerrero. The regulations for the construction of a medical center in Guerrero required that the community hold at least 2500 to 3000 inhabitants …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Budget, Clinical testing, Clinics, Essential medicines, Health facilities, Health funding, Health regulation, Health spending
Download Judgment: Spanish

Case 16/2008

Country: Uruguay
Year: 2008
Court: Tribunal de Apelaciones [Court of Appeals]
Citation: Decision No. 16/2008
Health Topics: Medicines
Human Rights: Right to health
Facts:

The claimant brought an amparo action against Resolution 266/007, which awarded a contract for “Provision of Antiretroviral Medications” to a bidder offering 80% generic products, arguing that the Resolution violated the claimant’s right to health. The lower court rejected the protection action, and the claimant appealed the decision, submitting copious amounts of documents and evidence …Read more

Tags: Access to drugs, Access to medicines, Drug quality, Drug safety, Generic drugs, Pharmaceuticals
Download Judgment: English Spanish

Case 211

Country: Bulgaria
Year: 2008
Court: Върховен касационен съд (Vǎrhoven kasatsionen sǎd) [Supreme Court of Cassation]
Citation: Decision No. 211 on Case No. 6087/2007
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to health
Facts:

The Plaintiff, T.D.Z., complained that the Bulgarian Ministry of Health failed to carry out the necessary procurement procedure for Zoladex, a cancer medication, for the period of 1 January 2004 to 1 March 2005. During this period, the plaintiff, a high-risk cancer patient, was essentially deprived of a key part of her treatment. As a …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Cancer, Compensation, Damages, Inadequate treatment, Non-pecuniary damage
Download Judgment: English

Case T-760/08

Country: Colombia
Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Segunda de Revisión julio 31, 2008, M.P.: Manuel José Cepeda Espinoza, Sentencia T-760/08 (Colom.).
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to due process/fair trial, Right to health, Right to life, Right to social security
Facts:

In 1993, Colombia passed Law 100, a broad national healthcare reform act that attempted to improve delivery of health services in Colombia by utilizing public and private insurers (“Health Promoting Entities,” or EPSs) as substitutes to purchase health care for insured patients. To this end, the law established a two-tier system of benefits: (1) a …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Budget, Health expenditures, Health funding, Health regulation, Health spending, Out-of-pocket expenditures, Primary care, Secondary care, Social security, Subsidies, Testing
Download Judgment: English Spanish

F. Hoffmann-La Rouche Ltd., et al. v. Cipla Limited

Country: India
Year: 2008
Court: High Court of Delhi
Citation: I.A 642/2008 IN CS (OS) 89/2008; 148 (2008) DLT 598, MIPR 2008 (2) 35
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to life
Facts:

The Plaintiffs were the owners of the patented cancer-drug Erlotinib. Erlotinib is a Quinazolin derivative and destroys some types of cancer cells with little secondary effects. The Defendant announced that it was going to sell a generic version of Erlotinib in India and in foreign markets. The Plaintiffs sought a permanent injunction to stop the …Read more

Tags: Access to drugs, Access to medicines, Cancer, Essential medicines, Generic drugs, Intellectual property, Patents, Pharmaceuticals, Pricing, TRIPS
Download Judgment: English

Gómez Arambula, Carlos Humberto v. Instituto Nacional de Vigilancia deMedicamentos y Alimentos INVIMA

Country: Colombia
Year: 2008
Court: Higher Court on Administrative Law, Chamber of Administrative Litigation
Citation: Case File No. 11001-03-24-000-2002-00251-01
Health Topics: Health care and health services, Medicines, Sexual and reproductive health
Human Rights: Right to life
Facts:

A Colombian citizen challenged before the Supreme Administrative Court the constitutionality of an administrative decision that allowed the Asociación Probienestar de la Familia Colombiana PROFAMILIA to import and distribute the emergency contraception pill Postinor 2. The petitioner argued that the drug suppressed life in its initial stages, acting as an abortive and therefore violating the …Read more

Tags: Abortion, Access to drugs, Access to health care, Access to medicines, Birth control, Contraception, Contraceptives, Family planning, Pregnancy, Termination of pregnancy
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Jorge Gabarrot v. The State Health Services Administration

Country: Uruguay
Year: 2008
Court: Civil Appeals Court, 7th District [Tribunal Apelaciones Civil 7ºTº]
Citation: Sentencia No. 82/2008
Health Topics: Health systems and financing, Medicines
Human Rights: Right to health
Facts:

Jorge Gabarrot, the plaintiff, requested an order requiring the State Health Services Administration (the “ASSE”) and/or the National Resource Fund to carry out a special treatment with enzyme replacement in the dosages determined by the Institute of Nephrology. The lower court had dismissed the measure requested by the plaintiff, and stipulated the closure of the …Read more

Tags: Access to drugs, Access to medicines, Health funding, Health insurance, Pharmaceuticals
Download Judgment: English Spanish