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
Physicians for Human Rights, et. al v. Commander of IDF Forces in the West Bank
Country: IsraelYear: 2002
Court: Supreme Court
Citation: HCJ 2936/02; HCJ 2941/02
Health Topics: Disasters and emergencies, Health care and health services, Hospitals, Violence
These petitions were filed during Israel Defense Force (“IDF”) combat activities (called “Operation Defensive Wall”) in the areas of the Palestinian Authority. IDF forces allegedly shot at the Red Cross and its medical teams who were working out of ambulances and in the hospitals. This prevented workers from taking the sick and wounded to hospitals …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
Ramos, Marta Roxana, et al. v. Province of Buenos Aires, et al.
Country: ArgentinaYear: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 12/3/2002, "Ramos, Marta Roxana y otros c/ Buenos Aires, Provincia de y Otros s/Amparo," (R. 1012. XXXVI) (Arg.).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to development, Right to education, Right to food, Right to health, Right to housing, Right to social security
Woman living in extreme poverty brought an action against the Ministry of Social Development and Environment of the Nation, the Province of Buenos Aires, and Hospital of Pediatrics Profesor Juan P. Garrahan on behalf of her eight children and herself, seeking, among others, the protection of their rights to food, health, education, and housing; the …Read more
Ximenes-Lopes v. Brazil
Country: BrazilYear: 2002
Court: Inter-American Commission on Human Rights
Citation: Report No. 38/02, Petition 12.237, October 9, 2002; OEA/Ser.L/V/II.117 Doc. 1 rev. 1, 7 March 2003
Health Topics: Health care and health services, Medical malpractice, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life, Right to privacy
Mr. Damião Ximenes Lopes was admitted to Casa de Repouso on October 1st, 1999 to receive treatment for his mental illness. When his mother, Mrs. Albertina Ximenes, went to visit him three days later, Mr. Lopes had his hands bound behind his back. He was bruised, his head was swollen, his nose bloody, and he …Read more
Yakye Axa Indigenous Community of the Enxet-Lengua People v. Paraguay
Country: ParaguayYear: 2002
Court: Inter-American Commission on Human Rights
Citation: Yakye Axa Indigenous Cmty. of the Enxet-Lengua People v. Para., Case 12.313, Inter-Am. Comm’n H.R., Report No. 2/02, OEA/Ser.L./V/II.117, doc. 1 rev. 1 (2003).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to property
This case was heard by the Inter-American Court of Human Rights. Their opinion is available here. Leaders of the Yakye Axa indigenous community of the Enxet-Lengua people filed suit against the Republic of Paraguay claiming that the Paraguayan State violated Articles 4 (right to life) and 25 (judicial protection), in conjunction with Article 1(1) (obligation …Read more
Álvarez, Oscar Juan v. Province of Buenos Aires et al.
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A.304.XXXVII
Health Topics: Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health
Oscar Álvarez, a 46 year old man who was disabled, unable to work and facing economic difficulties, filed an guarantee of protection of individual constitutional rights (amparo protection) against the Province of Buenos Aires and the National State. The plaintiff stated that he suffered from paralysis, both for congenital reasons and as a result of an accident. …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