Shchebetov v. Russia
Country: RussiaYear: 2012
Court: European Court of Human Rights
Citation: Application No. 21731/02
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
The applicant had contracted HIV and Tuberculosis while in prison, and alleged that he was denied adequate medical care in violation of his Article 2 (right to life) and Article 3 (prohibition on torture or inhuman or degrading treatment) rights under the European Convention on Human Rights (“Convention”). In 1997, the applicant was sentenced to …Read more
Alyne da Silva Pimentel Teixeira v. Brazil
Country: BrazilYear: 2011
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 17/2008; UN Doc. CEDAW/C/49/D/17/2008
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to health, Right to life
The author of the communication, the mother of a woman who had died during childbirth, claimed that Brazilian authorities had not ensured access to quality medical treatment during her daughter’s delivery in violation of nondiscrimination provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). More specifically, the author of …Read more
Brown v. Plata
Country: United StatesYear: 2011
Court: Supreme Court
Citation: 131 S.Ct. 1910 (2011)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Infectious diseases, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
This case involved an appeal from a decision made by a three-judge court that was convened by the Federal District Court to decide the appropriate remedy for violations of the Eighth Amendment to the United States Constitution. The violations were the subject of two related Federal District Court cases in California: Coleman v. Brown (1990) …Read more
Canada (Attorney General) v. PHS Community Services
Country: CanadaYear: 2011
Court: Supreme Court
Citation: [2011] 3 S.C.R. 134; [2011] S.C.C. 44
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Right to liberty and security of person, Right to life
Insite was a medical facility that supervised intravenous drug use. It was established in response to escalating intravenous drug use and a rise in HIV/AIDS and hepatitis C infections among the population of the downtown eastside (DTES) area of Vancouver. In 2003, pursuant to section 56 of the Controlled Drug and Substances Act (CDSA), which …Read more
Case 12/PUU-VIII/2010
Country: IndonesiaYear: 2011
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Right to a clean environment, Right to health, Right to housing
The Plaintiffs were nurses and heads of rural health centers in the East Kalimantan Province of Indonesia. They challenged two provisions of Law No. 36 of 2009 Concerning Health. These were Article 108(1), which allowed only certain “health workers” to prescribe and distribute medicines, and Article 190(1), which made it an offence for workers in …Read more
Case 4430-2009
Country: GuatemalaYear: 2011
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 4430-2009, January 27, 2010.
Health Topics: Health care and health services
Human Rights: Right to due process/fair trial, Right to health, Right to work
This case was an appeal of a constitutional protection (amparo) action before the Constitutional Court filed by the claimant, Carlos Alexander Molina Garrido, against the Ministry of National Defense. The claimant was dismissed from military service after a report that he was drunk in public, which he appealed before the Ministry. When his administrative appeal …Read more
Case 57/PUU-VIII/2010
Country: IndonesiaYear: 2011
Court: Constitutional Court
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom from discrimination, Right to a clean environment, Right to health, Right to housing, Right to life, Right to social security, Right to work
On April 3, 2010, the Indonesian Government filed the Budget Amendment Bill of 2010 in Parliament. On May 3, 2010, a Plenary Session of the House of Representatives passed an amendment to the National Budget entitled Law No. 2 of 2010 Concerning the Amendment to Law No. 47 of 2009 Regarding the National Budget for …Read more
Case AI 745391/MG
Country: BrazilYear: 2011
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: AI 745391/MG (Attorney General of the Union v. Federal Prosecutor), Supremo Tribunal Federal [Federal Supreme Court] (2011) (Braz.).
Health Topics: Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
The Brazilian Federal Government filed an interlocutory appeal with the Supreme Court against the decision of the lower court, the Federal Court of the 1st Region (Tribunal Regional Federal da 1ª Região), to dismiss the extraordinary appeal filed to challenge the court’s decision recognizing the legitimacy of the Federal Prosecutor’s Office to propose a public …Read more
Case AI 839594/RS
Country: BrazilYear: 2011
Court: Supremo Tribunal Federal (Federal Supreme Court)
Citation: AI 839594/RS, Supremo Tribunal Federal [Federal Supreme Court] (2011).
Health Topics: Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
Rio Grande do Sul filed an interlocutory appeal against the lower court’s decision that denied the special appeal affirming Rio Grande do Sul’s duty to care for its citizen’s health, specifically by providing surgery and certain medications at no cost to Rinaldo Pinzetta, a needy citizen. The Court also assessed a fine to Rio Grande …Read more
Chimwemwe Mphembedzu v. The Republic
Country: MalawiYear: 2011
Court: High Court
Citation: Bail Case No. 70 of 2011
Health Topics: Health care and health services, Prisons
Human Rights: Right to due process/fair trial
This case considered whether a prisoner in ill health should be released from prison. The applicant was serving time in prison for murder. He argued that he should be released on bail given his ill health and that the delay in bringing his case to trial was unreasonable. He had been imprisoned since October 2007 …Read more