Case T-760/08
Country: ColombiaYear: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Segunda de Revisión julio 31, 2008, M.P.: Manuel José Cepeda Espinoza, Sentencia T-760/08 (Colom.).
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to due process/fair trial, Right to health, Right to life, Right to social security
In 1993, Colombia passed Law 100, a broad national healthcare reform act that attempted to improve delivery of health services in Colombia by utilizing public and private insurers (“Health Promoting Entities,” or EPSs) as substitutes to purchase health care for insured patients. To this end, the law established a two-tier system of benefits: (1) a …Read more
Charles Lukeyen Nabori, et al. v. Attorney General, et al.
Country: KenyaYear: 2008
Court: High Court at Nairobi
Citation: Petition 466 of 2006
Health Topics: Chronic and noncommunicable diseases, Disasters and emergencies, Environmental health, Health systems and financing, Poverty
Human Rights: Freedom of movement and residence, Right to a clean environment, Right to life, Right to property
The petitioners were pastoralists and communal landowners in the Baringo District in Rift Valley Province, Kenya. The petitioners alleged that the respondents (the Attorney-General, the Minister for Environmental and Natural Resources, the National Environment Management Authority, and the County Council of Baringo) were liable for violating their rights to life (under Section 71 of the …Read more
Doige v. British Columbia
Country: CanadaYear: 2008
Court: British Columbia Human Rights Tribunal
Citation: [2008] B.C.H.R.T. 158
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
Plaintiff Roland Doige alleged that the health premium policies of the Ministry of Finance of British Columbia discriminated against him as a single person. A single beneficiary of the Medical Services Plan (“MSP”) paid a monthly premium rate of CAD 54.00, which was up to CAD 6.00 more per person than would be paid by …Read more
Iuri Archuadze v. Ministry of Health and Social Affairs; Municipality of Gori
Country: GeorgiaYear: 2008
Court: Tbilisi City Court
Citation: Case no. #bs-758-730(k-08)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
The applicant, Iuri Archuadze, suddenly developed a life threatening jaw condition and went to the Tbilisi State Medical Institute where he had an immediate surgical operation, and, following post-surgical complications, was taken to the intensive therapy department. In total, the cost of the treatment was 9263,71 GEL, but the applicant was only reimbursed 205,94 GEL …Read more
Mendoza, Beatriz Silvia et al. v. Estado Nacional et al.
Country: ArgentinaYear: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: [2008] File M. 1569. XL
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Residents of the Matanza-Riachulo river basin brought a class action against the National State, the Province of Buenos Aires, and the city of Buenos Aires, as well as a number of businesses, for injuries resulting from pollution of the area. A lengthy information collecting process began in 2006. The Supreme Court of Argentina found that …Read more
Nabieh Taha Muhammad al-Bahy, et al. v. President of the Republic, et al.
Country: EgyptYear: 2008
Court: State Council, Court of Administrative Justice, First Circuit
Citation: Cases no. 21550/61, 21665/61, 22912/61, 23003/61, 25752/61, and 25857/61
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life, Right to social security
On March 21, 2007, the Egyptian Prime Minister issued a Decision (“The Decision”), no. 637/2007, establishing the Egyptian Holding Company for Health Care (“The Holding Company”). The Decision transferred the assets of the Public Health Insurance Organization’s (“HIO”) hospitals and clinics to The Holding Company and its affiliates, declaring the assets privately owned by the …Read more
Walsh v. Pharmaceutical Management Agency
Country: New ZealandYear: 2008
Court: High Court
Citation: [2008] NZHC 441; [2010] NZAR 101
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to due process/fair trial, Right to health, Right to participation
Herceptin was a drug used to treat an aggressive form of breast cancer called Her2, and it cost roughly $68000 to $70000 for a 12 month course. The first defendant, the Pharmaceutical Management Agency (Pharmac), was responsible for determining which pharmaceutical treatments would wholly or partially be subsidised by District Health Boards (DHBs). From 2001, …Read more
Case 1.182
Country: RomaniaYear: 2007
Court: Constitutional Court
Citation: Decision No. 1.182 of 13 December 2007
Health Topics: Health systems and financing
Human Rights: Right to health
Governmental Emergency Ordinance 120/2006 (hereinafter referred to as “The Ordinance”) transferred the health units established by local councils of cities with less than 5000 people to the county councils, unless the local councils wished to retain the health units at their own expense. The Iasi County Council objected before the Iasi Tribunal-Commercial and Administrative Appeal …Read more
Case 209
Country: BulgariaYear: 2007
Court: Sofia Court of Appeal
Citation: Decision No. 209 on Case No. 161/2007
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to health
This case has been affirmed on appeal to the Supreme Court of Cassation. The Plaintiff was diagnosed with breast cancer in 1998. As part of her treatment, she was prescribed hormone medication and received a mastectomy. At one point, she was prescribed Zoladex, which which causes temporary cessation of ovarian function. . Although prescribed this medication, …Read more
Case RE 399664/SP
Country: BrazilYear: 2007
Court: Federal Supreme Court
Citation: Recurso Extraordinario, RE 399664/SP, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Health care and health services, Health systems and financing, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
A Chief of Police contracted Hepatitis C while intervening in the attempted suicide of a prisoner. The the Court of Justice of São Paulo held that the state and its health system were responsible for providing him, an individual in financial need, with medications to treat his Hepatitis C. The State of São Paulo filed an extraordinary …Read more