Martín, Sergio Gustavo et al. v. Fuerza Aérea Argentina – Dirección General de Bienestar para Personal de la Fuerza Aérea
Country: ArgentinaYear: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 3226. XXXVIII.
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to development, Right to health, Right to life, Right to social security
Parents of daughter with disabilities brought action for legal protection against the Armed Forces of Argentina, as a State organ, for failing to ensure comprehensive coverage of the needed treatment for their daughter. The appeals court reversed the trial court’s decision that granted Petitioners legal protection. The appeals court found that a) Petitioners did not …Read more
International Association Autism Europe v. France
Country: FranceYear: 2003
Court: The European Committee of Social Rights
Citation: Case No. 13/2002
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to education
The complainant alleged that France is failing to adhere to its obligations under the European Social Charters. They stated that children and young adults did not have adequate access to educational services. Further, it was alleged that the provisions for early intervention, teacher training, funding and accessibility of mainstream education was insufficient. It was also …Read more
Rees v. Darlington Memorial NHS Trust
Country: United KingdomYear: 2003
Court: House of Lords
Citation: [2003] UKHL 52
Health Topics: Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life
After conceiving as a result of a failed sterilization surgery, Karina Rees filed a claim of negligence against the Darlington Memorial NHS Trust (the Trust) to recover the costs of rearing her child. Mrs. Rees suffered from a genetic condition that had left her almost completely blind. She believed that her disability meant that raising …Read more
Case 2002-034f
Country: BelgiumYear: 2002
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C.C., n°2002-034f, 13 February 2002
Health Topics: Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
Tags: Access to health care, Access to treatment, Disabled, Handicapped, Physically challenged, Reimbursement, Social security
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
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
C.V.L. Narasimha Rao v. Principal Sec. Medical and Health Dept.
Country: IndiaYear: 2001
Court: High Court - Andhra Pradesh
Citation: 2001 (6) ALT1
Health Topics: Disabilities, Health systems and financing, Hospitals, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to health, Right to life
A letter sent to the Andhra Pradesh High Court informed it of the death of an inmate in a Government hostel for the blind and of the inhumane conditions in the hostel. The letter requested the High Court to intervene in the interest of justice. The High Court converted the letter in to a public …Read more
Case 00-14564
Country: FranceYear: 2001
Court: Cour de cassation [Court of Cassation]
Citation: Cass. civ I, n°00-14564, 9 October 2001
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to health
A doctor, Y, was treating Mrs. X during her pregnancy. Y suspected a breech presentation (buttocks- or feet-first presentation rather than the normal head-first presentation) during the 8th month of pregnancy. The mother wanted a home birth. On 12 January, the child was born in a home birth and as a result of inadequate medical …Read more
Case 252/2001
Country: ItalyYear: 2001
Court: Constitutional Court
Health Topics: Disabilities, Health care and health services
Human Rights: Freedom from discrimination, Right to health
The Court evaluated the constitutionality of article 19, para. 2 of the legislative decree 25 July 1998 no. 286 (Consolidating act on Immigration and Norms concerning the Status of Foreigners) (the Decree) which implicitly allowed the expulsion of a foreigner entering Italian territory without documentation and staying for the sole reason of completing essential medical …Read more
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