R. v. Hneihen
Country: CanadaYear: 2010
Court: Ontario Superior Court of Justice
Citation: 2010 ONSC 5353
Health Topics: Health care and health services, Hospitals, Mental health, Prisons
Human Rights: Right to liberty and security of person
Mr. Hneihen was found not criminally responsible by reason of mental disorder (NCRMD), in relation to several criminal charges. The trial judge ordered that Mr. Hneihen be detained at the Centre for Addiction and Mental Health (CAMH) pending review by the Ontario Review Board (ORB), an independent tribunal that oversees individuals unfit to stand trial …Read more
Re Assisted Human Reproduction Act
Country: CanadaYear: 2010
Court: The Supreme Court of Canada
Citation: 2010 SCC 61
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
The Attorney General (AG) of Quebec challenged the constitutionality of sections 8 to 19, 40 to 53, 60, 61 and 68 of Canada’s Assisted Human Reproduction Act (the “Act”) on federalism grounds. Some of these provisions create or relate to prohibitions on human cloning and various aspects of the commercialization of reproductive materials and functions. …Read more
Santini, Pablo José v. I.N.S.S.J.Y.P.[Instituto Nacional de Servicios Sociales para Jubilados y Pensionados] et al.
Country: ArgentinaYear: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S. 311. XLV.
Health Topics: Health care and health services, Health systems and financing, Mental health
Human Rights: Right to health, Right to life, Right to social security
The plaintiff’s grandmother filed a guarantee of protection of individual constitutional rights (amparo protection) with First Instance Civil and Commercial Court of Mar del Plata [Juzgado Civil y Comercial n°2 de Mar del Plata] to get health coverage for her grandson from the National Institute for Social Services for Retiree [I.N.S.S.J.Y.P] and the National State, …Read more
Stamen Filipov and Biljana Zhivkovska to the Constitutional Court
Country: MacedoniaYear: 2010
Court: Constitutional Court
Citation: 109/2009-0-1
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health, Right to social security
The Petitioners, Stamen Filipov and Biljana Zhivkovska, challenged a provision excluding certain health services from the Law on Health Insurance (the Law). Article 9 of the Law specified certain services that would be paid for under a compulsory health insurance scheme administered by the Health Insurance Fund (the Fund). Article 10 specified certain services that …Read more
Toussaint v. Canada (Attorney General)
Country: CanadaYear: 2010
Court: Federal Court
Citation: (2010) FC 810
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines, Poverty
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to health, Right to life
The applicant challenged the decision of the Citizenship and Immigration Canada’s (‘CIC’) to deny her coverage under the Interim Federal Health Program (‘IFHP’) for her medical care, hospitalization, and related expenses. At the time the applicant began seeking medical services, she was illegally in Canada; her temporary resident visa had expired, and she had not …Read more
Wistrand v. Riksförsakringsverket
Country: SwedenYear: 2010
Court: Supreme Administrative Court
Citation: RÅ 2010 ref. 52, Målnummer: 1201-09
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom of movement and residence, Right to health, Right to work
In 1999, Mr. Wistrand, a Swedish man, obtained an alternative and promising form of rectal cancer treatment in France because this treatment was not yet available in Sweden. Upon his return in 2000, his local Social Insurance Board denied his request for compensation for his medical costs because the treatment did not occur in Sweden. …Read more
A. Arul v. State of Tamil Nadu
Country: IndiaYear: 2009
Court: High Court - Madras
Citation: Writ Petition No.496 OF 2005
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
A. Arul, the Petitioner, was a government employee who incurred medical expenses as a result of surgery for his wife. The Petitioner had previously contributed to the Government Employees Health Fund, which was set up to extend grants to remedies not available in the government hospital. The State of Tamil Nadu and others Respondents, failed …Read more
Belashev v. Russia
Country: RussiaYear: 2009
Court: European Court of Human Rights
Citation: Belashev v. Russia
Health Topics: Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
A Russian national filed a claim against the Russian government for violating his rights under Article 3 (inhuman and degrading treatment) of the European Convention on Human Rights (ECHR) when he was subjected to poor conditions during his imprisonment. The applicant was arrested, convicted on criminal charges and sentenced to over 10.5 years of detention. …Read more
Carlos Raul Morales Catalan v. Guatemala
Country: GuatemalaYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 120/09, Petition 270-01
Health Topics: Child and adolescent health, Health care and health services, Poverty
Human Rights: Right to due process/fair trial, Right to life
In July 1998, two sons were in a car crash from which they suffered serious injuries and needed to undergo several surgical procedures. Their father brought a case against the state of Guatemala. In March 1999, criminal and civil charges were filed against the drivers of the two vehicles under domestic Guatemalan law, leading to a …Read more
Case 1-27/2009
Country: UkraineYear: 2009
Court: Turiyskiy District Court
Citation: Case No. 1-27/2009
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to health
On 27 August 2003, the defendant doctor, who had worked as an infectious disease physician at the Department of Infectious Diseases at the Kovel central regional hospital, examined her patient who was showing signs of respiratory and cardiac failure. The defendant doctor left her patient in this critical health condition without taking the appropriate medical measures …Read more