C., C., et al. v. Ministerio de Salud y Acción Social de la Provincia de Buenos Aires
Country: ArgentinaYear: 1997
Court: Civil and Commercial Court of Appeals of Bahía Blanca [Cámara de Apelaciones en lo Civil y Comercial de Bahía Blanca, Sala II]
Citation: C., C. y otros c/ Ministerio de Salud y Acción Social de la Provincia de Buenos Aires, C. Civ. y Com., Bahia Blanca, Sala II, LLBA1997, 1122, 2/9/1997 (Arg.).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Persons living with HIV/AIDS had filed a guarantee of protection of individual constitutional rights (amparo protection) with the the lower court against the Ministry of Health, claiming that their HIV/AIDS medical treatment was willingly suspended, violating their right to health and jeopardizing their right to life. After the filing of the action, the treatment was …Read more
Case SU-480/97
Country: ColombiaYear: 1997
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Informed consent, Medicines
Human Rights: Freedom of association, Right to health, Right to life, Right to social security
The case combined six writs of tutela that were filed against the Institute of Social Security (ISS) into one record. The Plaintiffs were persons living with HIV who had not been able to obtain protease inhibitors to treat their HIV. The protease inhibitors sought by the Plaintiffs were antiretrovirals used in the treatment of HIV …Read more
D v. The United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: App. No. 30240/96, 24 Eur. H.R. Rep. 423 (1997).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to life, Right to privacy
The applicant, an individual suffering HIV/AIDS, brought action under Article 3 (freedom from torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights when he was threatened with expulsion from UK to St Kitts where he would not have access to necessary medical treatment and no family home or close …Read more
Daljit Singh v. State of Punjab and others
Country: IndiaYear: 1997
Court: High Court - Punjab and Haryana
Citation: 1997 (116) PunLR 600
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
Mr Daljit Singh, the Petitioner, was a retired lecturer from the Government Senior Secondary School. He underwent coronary bypass surgery at a private hospital. The Petitioner submitted his medical bills in 1991, but had not received any reimbursement six years after submitting the bills. The Petitioner filed a petition in the High Court under Article …Read more
Eldridge v. British Columbia (Attorney General)
Country: CanadaYear: 1997
Court: Supreme Court
Citation: [1997] 3 S.C.R. 624
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination
Robin Eldridge, John Warren, and Linda Warren were each born deaf. They alleged that the provincial government of British Columbia’s failure to provide funding for sign language interpreters for deaf persons when they received medical services violated the right to equality contained in s. 15(1) of the Canadian Charter of Rights and Freedoms. Medical …Read more
In re MB (medical treatment)
Country: United KingdomYear: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] EWCA Civ 3093
Health Topics: Health care and health services, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to privacy
A health authority applied for a High Court declaration that it would be lawful to undertake an emergency caesarean operation on MB whose foetus was found to be in the breech position after MB agreed to have the operation theoretically but refused in practice due to her fear of needles. The declaration was granted, and …Read more
Joint Stock Company “Transkop”, Bitola to the Constitutional Court
Country: MacedoniaYear: 1997
Court: Constitutional Court
Citation: 77/1998-0-0
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to social security
The Joint Stock Company ‘Transkop’, Bitola (the Company), challenged two bylaws establishing conditions on the funding of treatment abroad by the Health Insurance Fund. These bylaws were the Rulebook on the conditions and manner for referring the insurees to treatment abroad (the Rulebook) and the Resolution of the Minister of Health no.02-1439/1 delivered on February …Read more
Kartar Singh Virk v. State of Punjab and Ors
Country: IndiaYear: 1997
Court: High Court - Punjab and Haryana
Citation: (1997) 116 PLR 573
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
The Petitioner, Kartar Singh Virk, a retired government employee, underwent a by-pass surgery. His request to the Deputy Commissioner for reimbursement of medical expenses incurred was repeatedly rejected. The Petitioner filed the petition in the Punjab and Haryana High Court under Article 226 of the Constitution of India (original jurisdiction of High Courts). The Court …Read more
R v. Human Fertilisation and Embryology Authority, ex parte Blood
Country: United KingdomYear: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] 2 All ER 687; [1997] 2 WLR 806; [1999] Fam 151
Health Topics: Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Mr. and Mrs. Blood were married and attempting to have a family. Unfortunately, Mr. Blood contracted meningitis and went into a coma prior to any conception, so Mrs. Blood requested that doctors take sperm by electro-ejaculation while Mr. Blood was in the coma. The doctors took two different samples, and Mr. Blood passed away soon …Read more
Soobramoney v. Minister of Health
Country: South AfricaYear: 1997
Court: Constitutional Court
Citation: [1997] ZACC 17; 1998 (1) SA 765 (CC); 1997 (12) BCLR 1696
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
The appellant was a 41-year old, unemployed, diabetic man who suffered from ischaemic heart disease, cerebro-vascular disease, and renal failure. His condition was chronic and irreversible. In order to continue address this condition and prolong his life, he required regular renal dialysis treatment. The appellant had made all efforts to continue treatment privately, but was …Read more