Monteserin, Marcelino v. Estado Nacional – Ministerio de Salud y Acción Social – Comisión Nacional Asesora para la Integración de Personas Discapacitadas – Servicio Nacional de Rehabilitación y Promoción de la Persona con Discapacidad
Country: ArgentinaYear: 2001
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], 16/10/2001, "Monteserin, Marcelino c/ Estado Nacional - Ministerio de Salud y Acción Social - Comisión Nacional Asesora para la integración de Personas Discapacitadas - Servicio Nacional de Rehabilitación y Promoción de la Persona con Discapacidad s/ recurso de hecho," (M. 375. XXXVI) (Arg.).
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health, Right to life, Right to social security
Adoptive father of child with cerebral paralysis brought case against the State of Argentina and its dependent agencies to force them to fulfill their obligations under Arts. 3 (second paragraph) and 4 of Law N° 24.901 (subsidized healthcare system) , and Art. 23 of the International Convention on the Rights of the Child (Right of …Read more
Treatment Action Campaign v. Minister of Health (No. 1)
Country: South AfricaYear: 2001
Court: High Court - Transvaal Provincial Division
Citation: 2002(4) BCLR 356 (T)
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Right to health, Right to life
Applicants sought an order that the respondents (the Minister of Health and the members of the executive council for health) make Nevirapine available to pregnant women with HIV who give birth in public health institutions and “produce and implement an effective national program to prevent or reduce mother to child transmission (MTCT) of HIV, including …Read more
Campodónico de Beviacqua, Ana Carina v. Ministerio de Salud y Acción Social – Secretaría de Programas de Salud y Banco de Drogas Neoplásicas
Country: ArgentinaYear: 2000
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 823. XXXV
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) in the name of her son, who suffered from Kostmann’s disease, a severe bone marrow defect. Because of this disease, the plaintiff’s son was entirely dependent on a medicine called Neutromax 300. From June 1996 to December 1998, the National Bank of Antineoplastic …Read more
Elsholz v. Germany
Country: GermanyYear: 2000
Court: European Court of Human Rights
Citation: App. No. 25735/94, Eur. Ct. H.R. 371 (2000).
Health Topics: Child and adolescent health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to privacy
The applicant, a German national was the acknowledged and supporting father of the child, C., born out of wedlock. Five years later the mother refused visits by applicant to his son and mediation attempts failed. The applicant unsuccessfully filed an application to the Mettmann District Court (Amtsgericht) for an order granting him a right of …Read more
Salguiero Da Silva Mouta v. Portugal
Country: PortugalYear: 2000
Court: European Court of Human Rights
Citation: Application no. 33290/96
Health Topics: Child and adolescent health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to family life
S was a homosexual Portuguese national. In 1983 he married a woman, C, with whom he had a daughter. S and C subsequently separated and then divorced. Since their separation, S had been living with another man. In connection with their divorce, S and C signed an agreement giving C parental responsibility over the daughter …Read more
Advocate Prakash Mani Sharma v. Government of Nepal and Others
Country: NepalYear: 1999
Court: Supreme Court
Citation: Writ No.064 WO 0230
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Under Article 20(2) of the Interim Constitution 2063 in Nepal, every woman in Nepal had the fundamental right to reproductive health. However, there were no effective health services addressing the issue of uterine prolapse, a serious ailment affecting nearly 600,000 women in Nepal. The Petitioners, among others, Pro-Public, an organization working in the area of …Read more
In re C (a child)
Country: United KingdomYear: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 3007
Health Topics: Child and adolescent health, HIV/AIDS, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
C’s mother was HIV infected. C, who was born in April 1999 was breastfed by her mother despite concern that this increased C’s potential to become infected by HIV if she was not already HIV positive. The local authority sought a direction for a blood test to be carried out to test C’s HIV status …Read more
International Commission of Jurists v. Portugal
Country: PortugalYear: 1999
Court: European Committee of Social Rights
Citation: Complaint No. 1/1998
Health Topics: Child and adolescent health, Occupational health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to favorable working conditions
The International Commission of Jurists (ICJ) alleged that a large number of children work illegally in many economic sectors in Portugal. It further stated that the poor working conditions these children are subjected to have a serious impact on their health. The ICJ produced several documents and relied particularly on a report which stated that …Read more
Case SU-225/98
Country: ColombiaYear: 1998
Court: Constitutional Court
Health Topics: Child and adolescent health, Health systems and financing, Infectious diseases, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Right to health, Right to life, Right to social security
Through a representative, 418 parents, inhabitants of the sector of Puenta Aranda in Bogota, filed a tutela against the national and district health authorities alleging that the authorities’ failure to provide a free vaccination program against meningitis violated the duty to protect the health of their children. The Plaintiffs were poor, worked in the informal …Read more
Dalia v. France
Country: FranceYear: 1998
Court: European Court of Human Rights
Citation: Application No. 26102/95; (2001) 33 EHRR 26; [1998] ECHR 5
Health Topics: Child and adolescent health, Controlled substances, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life
Aïcha Dalia (“the Applicant”) is an Algerian national who arrived in France when she was approximately 17 years of age, to join her mother and siblings who lawfully resided there. In 1985, she was sentenced to twelve months’ imprisonment for offences against the dangerous drugs legislation, which also made orders for her deportation and permanent …Read more