Case C-727/09
Country: ColombiaYear: 2009
Court: Colombian Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Plena octubre 14, 2009, M.P.: María Victoria Calle Correa, Sentencia C-727/09 (Colom.).
Health Topics: Aging, Health care and health services, Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to favorable working conditions, Right to health, Right to social security
Petitioner Hernán Antonio Barrero Bravo brought action challenging the constitutionality of Law 860 (Reform of the Social Security System law), alleging its violation of articles 48 (principle of progressive realization), 49 (principle of non-retrogression of social rights) and 53 (principle of non-retrogression in the protection given by the previous law) of the Constitution in changing …Read more
Khrapunskiy v. Doar
Country: United StatesYear: 2009
Court: New York Court of Appeals
Citation: 12 N.Y.3d 478 (2009)
Health Topics: Aging, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
The Plaintiffs, aged, blind or disabled persons and legal resident aliens of New York State, brought these proceedings against the Commissioner of the New York State Office of Temporary and Disability Assistance (OTDA) after they became ineligible for Supplementary Security Income (SSI) from the federal government and Additional State Payments (ASP) provided by the State. …Read more
Dodov v. Bulgaria
Country: BulgariaYear: 2008
Court: European Court of Human Rights
Citation: Dodov v. Bulg., App. No. 59548/00, 47 Eur. H.R. Rep. 41 (2008).
Health Topics: Aging, Health care and health services, Health systems and financing, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to life
Applicant, Mr. Dodov is a Bulgarian national. His mother, Mrs. Stoyanova, suffered from Alzheimer’s disease and disappeared from a state-owned nursing home and was never found. Efforts by applicant to bring criminal and civil proceedings against the hospital staff for negligence in causing the disappearance of his mother did not yield results. Relying on Article …Read more
Walter Obodzinsky, et al. v. Canada
Country: CanadaYear: 2007
Court: United Nations Human Rights Committee
Citation: Communication No. 1124/2002, U.N. Doc. CCPR/C/89/D/1124/2002 (2007)
Health Topics: Aging, Chronic and noncommunicable diseases
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to acquire nationality, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to privacy
The author, an elderly Canadian national in poor health, alleged that citizenship revocation proceedings against him violated his rights under articles 6, 7, 9, 14, and 17 of the International Covenant on Civil and Political Rights (the “Covenant”). The author was a Polish national who came to Canada in 1946 under a government order where …Read more
YL v. Birmingham City Council and Ors.
Country: United KingdomYear: 2007
Court: House of Lords
Citation: [2007] UKHL 27
Health Topics: Aging, Health care and health services, Hospitals, Mental health, Poverty
Human Rights: Right to social security
YL was an 84-year old woman suffering from Alzheimer’s disease, who was entitled to free accommodation provided by the Birmingham City Council under s 21 of the National Assistance Act 1948 (the 1948 Act). The council, with the power given to it by s 26 of the same Act, contracted a private health service provider …Read more
A.B. Colaco v. Coffee Board
Country: IndiaYear: 2006
Court: High Court - Karnataka
Citation: Writ Petition No.39031 of 2003 (S-R)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Petitioner had worked for the Coffee Board (the “Board”), a statutory body working under the administrative control of the Department of Commerce, for 24 years prior to his retirement. The pension benefits for retiring employees under the Central Civil Services (Pension) Rule (the “Rules”) were fixed by the Board. The Central Government had effectuated a …Read more
Case 529-2006
Country: ChileYear: 2006
Court: Court of Appeals (Rancagua)
Citation: Corte de Apelaciones [C. Apel.][Court of Appeals], 20 junio 2006, Rol de causa: 529-2006, divorcio (Chile).
Health Topics: Aging, Chronic and noncommunicable diseases
Human Rights: Right to family life, Right to work
Plaintiff, a 61-year old woman afflicted with colon cancer, filed a counterclaim to her husband’s divorce petition, seeking compensation. The Trial judge had considered compensation for divorce a matter of welfare and had thus provided for a very small amount of reparation damages, taking into consideration only the plaintiff’s immediate needs and the defendant’s economic …Read more
Reynoso, Nilda Noemí v. I.N.S.S.J.P.
Country: ArgentinaYear: 2006
Court: Supreme Court of Justice [Corte Suprema de la Nación Argentina]
Citation: R. 638. XL
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Mental health, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
The Petitioner, an elderly woman with diabetes, filed an action of amparo against the I.N.S.S.J.P, a public entity devoted to the provision of public health insurance to retired people. She requested the judiciary to order the Respondent to provide her 100U of human insulin, reactive tape and disposable syringes, as well as the medicine “Ampliactil” …Read more
FEI NIU Philip v. Maxima Resources Corporation & Ors
Country: SamoaYear: 2005
Court: Supreme Court
Citation: [2005] 5 LRC 788
Health Topics: Aging
Human Rights: Right to due process/fair trial
M, the first defendant in a civil suit, sought an order by way of interlocutory application that the oral evidence of the third defendant, P, and her daughter, J, be given by video link from Taipei, Taiwan, rather than by travelling to Samoa. P’s evidence was crucial to the determination as to who was the …Read more
In the matter of Article 26 of the Constitution and the Health (Amendment) (No.2) Bill 2004
Country: IrelandYear: 2005
Court: Supreme Court of Ireland
Citation: [2005] I.E.S.C. 7 (Ir.)
Health Topics: Aging, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
The Health (Amendment) (No.2) Bill of 2004 was referred to the Supreme Court for review. Primarily the Supreme Court was asked to analyse the constitutional validity of the bill. Amendment to Section 53 of the Act imposed certain charges mostly on elderly people with limited means for in-patient treatment by public health services. Further, the …Read more