Arcila Henao v. Netherlands
Country: NetherlandsYear: 2001
Court: European Court of Human Rights
Citation: Application No. 13669/03
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The applicant was a Columbian national residing in the Netherlands. He complained that his expulsion to Columbia would violate Article 3 of the European Convention on Human Rights (the “Convention”) which prohibits torture and inhuman or degrading punishment, as he would be unable to continue treatment for his HIV and Hepatitis B and would therefore …Read more
Asociación Benghalensis et al. v. Ministerio de Salud y Acción Social – Estado Nacional
Country: ArgentinaYear: 2000
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 186. XXXIV
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Asociación Benghalensis and other non-governmental organizations involved in HIV work brought action pursuant to the Constitution of Argentina and Law No. 23.798 against the government for its failure to provide health services, treatment and special administration of medicines to people living with HIV. Law No. 23.798 declared the response to HIV to be a national …Read more
Case 2000-103f
Country: BelgiumYear: 2000
Court: C. C., n°2000-0103f, 11 October 2000
Citation: C. C., n°2000-0103f, 11 October 2000
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Tags: Essential medicines, Health expenditures, Health funding, Health regulation, Health spending, Pharmaceuticals, Pricing
Case 1999-097f
Country: BelgiumYear: 1999
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1999-097f, 15 September 1999
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Tags: Essential medicines, Health expenditures, Health funding, Health regulation, Health spending, Pharmaceuticals, Pricing
Meenakshi Pharma Distributors v. State of Karnataka and Others
Country: IndiaYear: 1998
Court: High Court - Karnataka
Citation: 1999 (2) KarLJ 164
Health Topics: Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
The Appellant, Meenakshi Pharma Distributors, had conducted various transactions with the authorities of the State of Karnataka for the sale of drugs. The contract stipulated that “if the payment is delayed beyond the period of 30 days, interest shall be payable at the rate of 15 per cent.” However, the trial court reduced the rate …Read more
S.K. Garg v. State of Uttar Pradesh and Others
Country: IndiaYear: 1998
Court: High Court - Allahabad
Citation: 1999 (1) AWC 847
Health Topics: Diet and nutrition, Health care and health services, Hospitals, Infectious diseases, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to life, Right to water and sanitation
The Petitioner, S.K. Garg, filed a writ petition in the Allahabad High Court under Article 226 of the Constitution of India (original writ jurisdiction of High Courts). The petition brought to the Court’s attention the appalling and unhygienic condition of Government hospitals in the city of Allahabad. It was alleged that indigent patients had been …Read more
Sahil Society v. Union of India and Anr
Country: IndiaYear: 1998
Court: High Court - Allahabad
Citation: AIR 1999 All 87; 1998 AWC 306; 1998 4 AWC 306
Health Topics: Medicines
Human Rights: Right to health, Right to life
The Petitioner, Sahil Society for the Welfare of Aged Poor and Homeless, filed a writ petition as a public interest litigation in the Allahabad High Court. The petition was filed under Article 226 of the Constitution of India (original jurisdiction of High Courts). The Petitioner requested the Court to direct the Union of India to …Read more
Viceconte, Mariela Cecilia v. Estado Nacional – Ministerio de Salud y Acción Social
Country: ArgentinaYear: 1998
Court: Federal Administrative Court of Appeals [Cámara Nacional de Apelaciones en lo Contencioso Administrativo Federal]
Citation: Cámara Nacional de Apelaciones en lo Contencioso Administrativo Federal, Sala V [Cám. Cont .Adm. Fed., Sala V] [Federal Administrative Court of Appeals], 2/6/1998, “Viceconte, Mariela Cecilia c/Estado Nacional −M° de Salud y Acción Social- s/amparo ley 16. 986” (Causa n° 31. 777/96) (Arg.).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Infectious diseases, Medicines, Public safety
Human Rights: Right to health, Right to life
Petitioner brought case to force the government of Argentina to take all necessary measures to produce the WHO-certified vaccine for the Argentine Hemorrhagic Fever to ensure the immediate administration of the vaccine to the populations at risk of contracting the virus. The vaccine had been shown to be 95% effective against the disease. The project …Read more
B and Others v. Minister of Correctional Services and Others
Country: South AfricaYear: 1997
Court: High Court - Cape of Good Hope Provincial Division
Citation: 1997 (4) SA 441 (C); 1997 (6) BCLR 789 (C)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The Applicants were four prisoners living with HIV. They sought an order declaring that prisoners living with HIV who had reached the symptomatic stage of the disease and whose CD4 counts was less than 500 per milliliter of blood were entitled to receive appropriate antiretroviral treatment at the Government’s expense. They noted that Section 35(2)(e) …Read more
D v. The United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: App. No. 30240/96, 24 Eur. H.R. Rep. 423 (1997).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to life, Right to privacy
The applicant, an individual suffering HIV/AIDS, brought action under Article 3 (freedom from torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights when he was threatened with expulsion from UK to St Kitts where he would not have access to necessary medical treatment and no family home or close …Read more