R (on the application of Heather) v. Leonard Cheshire Foundation
Country: United KingdomYear: 2002
Court: Court of Appeal, Civil Division
Citation: [2002] 2 All ER 936; [2002] EWCA Civ 366
Health Topics: Aging
Human Rights: Right to housing
Elizabeth Heather and Hilary Collins are patients at a home called Le Court, which is owned and run by Leonard Cheshire Foundation (hereinafter referred to as “LCF”). The majority of patients at Le Court came from local authorities’ social services departments. Trustees of LCF decided to cease to operate Le Court in its present form …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
Frank Cowl and Ors. v. Plymouth City Council
Country: United KingdomYear: 2001
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2001] EWCA Civ 1935
Health Topics: Aging
Human Rights: Right to due process/fair trial, Right to family life, Right to housing, Right to privacy
Residents of a residential elderly care facility sought judicial review of a decision to close the facility. Plymouth City Council (“Plymouth”), the owner and operator of several residential elderly care facilities, decided to close two of its facilities, including Granby Way, the home of the eight claimants. The claimants sought judicial review of Plymouth’s decision. …Read more
Causey v. St. Francis Medical Center
Country: United StatesYear: 1998
Court: Court of Appeal of Louisiana
Citation: Causey v. St. Francis Medical Center 719 So. 2d 1072 (La. Ct. App. 1998)
Health Topics: Aging, Informed consent, Medical malpractice
Plaintiffs, the Causey family, brought this petition for damages against defendants, St. Francis Medical Center (SFMC) and Dr. Harter, for administering treatment to decedent, Sonya Causey, without consent which they argued as an intentional tort outside of the scope of Louisiana’s Medical Malpractice Act. Claims that fell within the Medical Malpractice Act must be submitted …Read more
Lawson v. Housing New Zealand
Country: New ZealandYear: 1996
Court: High Court
Citation: M.538/94
Health Topics: Aging
Human Rights: Right to health, Right to housing, Right to social security
From 1990 onwards, the government implemented a policy whereby houses formerly owned by the state were transferred to Housing New Zealand (HNZ) (the first defendant), a corporate body with strong parallels to a state-owned enterprise, and their rents were progressively increased from their former subsidised level towards market rents. The plaintiff, a tenant of HNZ, …Read more
R v. Wandsworth London Borough Council, ex parte Beckwith
Country: United KingdomYear: 1996
Court: House of Lords
Citation: [1996] 1 ALL ER 129
Health Topics: Aging, Health systems and financing
Human Rights: Right to housing, Right to social security
Mr. Beckwith was a 75 year old resident of the George Potter Home, which was one of the four residential care homes for the elderly in the London Borough of Wandsworth. The borough’s council (the Council) had decided to transfer the other three homes into private ownership and to close down George Potter Home altogether. …Read more
Askan Das Batra v. Attorney General
Country: ZambiaYear: 1993
Court: Supreme Court
Citation: (1993-1994) Z.R. 41 (S.C.)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
The Appellant was employed by the Zambian Government as an accountant with the Ministry of Legal Affairs. Upon recommendation for further evaluation of his medical condition he travelled to the United Kingdom where he underwent elective heart surgery. He then claimed reimbursement of his medical expenses from his employer under the Conditions of Service for …Read more
Case 62/1993
Country: HungaryYear: 1993
Court: Constitutional Court
Health Topics: Aging, Health systems and financing
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Freedom of religion, Right to health, Right to social security
The petitioners challenged the constitutionality of a law (Act XII of 1991 on Revision of Certain Pensions and Terminating Certain Pension Supplements (the “Act”)) that annulled the distribution of pension supplements which were given to individuals based on certain honors or honorary titles associated with achievements in science, sport or art, or service in specific …Read more
Schweiker v. Hogan
Country: United StatesYear: 1982
Court: Supreme Court
Citation: 457 U.S. 569 (1982)
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from discrimination, Right to social security
The Respondents brought this suit challenging the constitutional validity of § 1903(f) of the Social Security Act (the Act); they claimed it violated the equal protection component of the Fifth Amendment. Under the Medicaid program, States were required to provide Medicaid coverage to certain individuals described as the “categorically needy” and, at their discretion, could …Read more