Minister of Health and Social Services v. Lisse
Country: NamibiaYear: 2005
Court: Supreme Court
Citation: [2005] NASC 8
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to work
Dr. Lisse, a private medical practitioner, challenged the Minister of Health and Social Services’ (Minister) decision to deny him authorization to conduct surgeries at the Windhoek State Hospital. Lisse was a registered medical practitioner and specialist obstetrician and gynecologist authorized to practice under the Medical and Dental Professions Act, 1993. He opened a private practice …Read more
Pentiacova and Ors. v. Moldova
Country: MoldovaYear: 2005
Court: European Court of Human Rights
Citation: Application No. 14462/03; (2005) 40 EHRR SE23
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to life, Right to property
Applicants filed a complaint with the European Court of Human Rights alleging that the Moldovan government’s inadequate financing of hemodialysis treatments violated their right to life, caused them significant pain and suffering, and negatively affected their families’ lives. Applicants were a group of patients suffering from liver failure and receiving hemodialysis treatments. They alleged that …Read more
Sarojini Sawhney v. Punjab University
Country: IndiaYear: 2005
Court: High Court - Punjab and Haryana
Citation: (2006) 142 PLR 175
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 petitioner was a widow whose husband was an employee of the respondent university before his death. The petitioner had an independent income of 7000 rupees per month. She filed a claim for the reimbursement of medical expenses incurred during the treatment of her husband. However, the respondent university refused this claim stating that she …Read more
Case 3-4-1-7-04
Country: EstoniaYear: 2004
Court: Supreme Court
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
Petitioner sought nullification of the lower courts’ decisions finding that termination of his insurance coverage by the South Estonian division of Health Insurance Fund was lawful and that § 28 of the Constitution did not guarantee the right to any type of free health care. The South Estonian division of Health Insurance Fund sent a …Read more
Case 36/2000 (X. 27.) AB
Country: HungaryYear: 2004
Court: Constitutional Court
Health Topics: Health care and health services, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to liberty and security of person
The Court issued this decision in response to numerous petitions challenging the constitutionality of the sections of the Act CLIV of 1997 on Healthcare pertaining to the treatment of psychiatric patients, especially those with limited disposing capacity. One petitioner objected to the provision of the AH which allowed a therapist to use the assistance of …Read more
Case III CK 546/03
Country: PolandYear: 2004
Court: Supreme Court
Health Topics: Health care and health services, Health systems and financing, Hospitals
The plaintiff, a hospital, entered into an agreement for in-patient healthcare service with the defendant, a regional health fund. The contract did not include a provision that the services provided by the Anaesthesiology and Intensive Care Unit (“ICU”) be contracted separately, but did provide that the amount to be paid by the defendant constituted the …Read more
Du Plooy v. Minister of Correctional Services, et al.
Country: South AfricaYear: 2004
Court: High Court - Transvaal Provincial Division
Citation: [2004] 3 All SA 613 (T)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person
The Applicant, a prisoner, was suffering from chronic myeloid leukemia, a terminal illness. He had no prospects of recovery and was on the verge of dying in prison. He sought the review and setting aside of Respondents’ refusal to release him on medical parole and requested his immediate release. He also requested an order allowing …Read more
Glass v. The United Kingdom
Country: United KingdomYear: 2004
Court: European Court of Human Rights
Citation: Glass v. U.K., App. No. 61827/00, 39 Eur. H.R. Rep. 15 (2004).
Health Topics: Child and adolescent health, Disabilities, Health systems and financing, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to family life, Right to privacy
Applicants, a severely handicapped child and his mother (and legal proxy) Ms. Glass, claimed an Article 8 violation (right to respect for private life) when Ms. Glass’ objection to a course of medical treatment was overruled by the medical staff. As a legal proxy, the mother gave authorization to the doctors at St Mary’s Hospital …Read more
Laxmi Chand v. Comptroller and Auditor General.
Country: IndiaYear: 2004
Court: Central Administrative Tribunal - Gwalior
Citation: 2005 (2) SLJ 145 CAT
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Laxmi Chand, the Petitioner, was a retired Accounts Officer in the office of the Accountant General, Gwalior. After suffering a heart attack, he was referred to Indraprashta Apollo Hospital, New Delhi. On submitting his bills for medical reimbursement, his claims were rejected. The Petitioner approached the Central Administrative Tribunal, requesting it to direct the Respondent …Read more
Mazowiecki Regional Health Fund v. Healthcare Institution in Z
Country: PolandYear: 2004
Court: Appellate Court - Warsaw
Citation: Mazowiecki Regional Health Fund v. Healthcare Institution in Z, Case No. I ACa 1/04 2004, Appellate Court (1st Civil Div.)
Health Topics: Health care and health services, Health systems and financing, Hospitals
The dispute concerned the correct interpretation of healthcare statutes. In December of 1988, the Healthcare Institution in Z (the plaintiff) contracted with the Mazowiecki Regional Health Fund (the defendant) to provide healthcare benefits. (The defendant was an entity charged under the Act on Universal Health Insurance (the “Act”) to carry out certain obligations arising from the …Read more