Miguel Castro-Castro Prison v. Peru
Country: PeruYear: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R., Judgment, Inter-Am. Ct. H.R. (ser. C) No. 160 (Nov. 25, 2006).
Health Topics: Diet and nutrition, Disasters and emergencies, Health care and health services, Health information, Hospitals, Infectious diseases, Medicines, Mental health, Prisons, Sexual and reproductive health, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to privacy
During the conflict between armed groups and government forces that lasted from the 1980s until 2000, the government of Alberto Fujimori issued a law decree on April 6, 1992, ordering “the reorganization of the National Penitentiary Institute (INPE) and put[ting] the National Police of Peru in charge of the control of security at the penitentiaries.” …Read more
Radovan Zecevic to the Constitutional Court
Country: MacedoniaYear: 2006
Court: Constitutional Court
Citation: 60/2006-0-0
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to social security
The Petitioner, Radovan Zecevic, challenged a provision from the Law on Health Insurance (the Law) which excluded any health conditions resulting from the conduct of a criminal offence or a misdemeanour from being funded under the Law. Zecevic argued that the provision was contrary to the right to equality, the right to social security, and …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
Sarban v. Moldova
Country: MoldovaYear: 2006
Court: European Court of Human Rights
Citation: Application No. 3456/05
Health Topics: Child and adolescent health, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to liberty and security of person, Right to privacy
The applicant is Mr. Vladimir Sarban, a Moldovan National. He was a secretary of Chişinău Municipal Council. He was held in detention on the charges of abuse of power regarding the purchase of 40 ambulances on behalf of the municipal council. However, the Court noted that the prosecutor “essentially stated” that the arrest was done …Read more
Shri O.N. Chhibber v. Union of India
Country: IndiaYear: 2006
Court: Central Administrative Tribunal - Delhi
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
The applicant worked as a section officer in the Department of Foods and then became a pensioner post retirement. As a central government employee, he was entitled to reimbursement of medical expenses incurred by him or his family members under the Central Government Health Scheme (CGHS). In 2001 the applicant and the applicant’s wife incurred …Read more
Yvonne Watts v. Bedford Primary Care Trust and Secretary of State for Health
Country: United KingdomYear: 2006
Court: European Court of Justice
Citation: C-372/04
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
This case was a reference for a preliminary ruling, concerning the interpretation of Articles 48-50 of the Treaty establishing the European Community, as well as Article 22 of Council Regulation 1408/71 on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community. The reference arose …Read more
Chaoulli v. Quebec (Attorney General)
Country: CanadaYear: 2005
Court: Supreme Court
Citation: 2005 S.C.C. 35, [2005] 1 S.C.R. 791
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to liberty and security of person, Right to life
Section 15 of the Health Insurance Act (HEIA) and s. 11 of the Hospital Insurance Act (HOIA) prohibited Quebec residents from taking out private health insurance for services covered by Quebec’s public health care plan. The two Appellants, Jacques Chaoulli and George Zeliotis, contested the validity of this prohibition. They alleged that these prohibitions deprived …Read more
Gila Louzon v. Government of Israel
Country: IsraelYear: 2005
Court: Supreme Court (sitting as the High Court of Justice)
Citation: HCJ 3071/05
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
The decision addressed three petitions with similar facts. In all three cases, the petitioners were diagnosed with cancer and prescribed a medication not included in the health services basket available under the national health care services (which was prohibitively expensive to purchase individually). By the time two of the petitions came to the Court, however, …Read more
Kumar Mukherjee v. Ruby General Hospital & Ors
Country: IndiaYear: 2005
Court: National Consumer Disputes Redressal Commission
Citation: Original Petition No. 90 of 2002
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to life
A young boy was hit by a bus while riding his motorcycle to school. He suffered a head injury and was brought to the Ruby General Hospital of Kolkata, which was near the accident, by a passerby. When he arrived at the hospital, he was conscious but was bleeding from the nose and mouth. At …Read more
Linder v. Finland
Country: FinlandYear: 2005
Court: Human Rights Committee
Citation: Comm. 1420/2005, U.N. Doc. A/61/40, Vol. II, at 663 (HRC 2005)
Health Topics: Health care and health services
Human Rights: Freedom from discrimination, Right to health
This is a complaint by a Finnish citizen in need of medical care in Germany, who asserts that Finnish authorities have breached certain duties and failed to provide him access to medical care. The complainant was admitted in November 2004 to a hospital in Germany. While in the hospital, he was contacted by the Social …Read more