Case VII SA/Wa 185/07
Country: PolandYear: 2007
Court: Voivodeship Administrative Court - Warsaw
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to social security
On August 2006, the Director of the Voivodeship Branch of the National Health Fund rejected the application of the plaintiffs for the reimbursement of the costs incurred during the plaintiff’s in vitro fertilization procedure. The plaintiffs had neither obtained a physician’s referral for the in vitro treatment nor filed an application with the Director of …Read more
Kutaisi Regional Blood Bank v. Lamira Chaladze
Country: GeorgiaYear: 2007
Court: Cassation Court
Citation: Case No. as-296-624-07
Health Topics: Health information, HIV/AIDS, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to life
While giving birth to her second son, the Respondent lost a large amount of blood and needed a blood transfusion. Her relatives bought erythrocyte mass and karyoplasms from the Kutaisi Regional Blood Bank. After the transfusion, the Respondent and her son became sick and doctors ultimately concluded that the Respondent and her son was HIV …Read more
L. v. Lithuania
Country: LithuaniaYear: 2007
Court: European Court of Human Rights
Citation: App. No. 27527/03, 46 Eur. H.R. Rep. 22 (2008).
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life, Right to privacy
The applicant was registered as female at birth in 1978 but regarded himself as a male from an early age. In 1997 he sought medical advice and was diagnosed as transgendered. Lithuania adopted Article 2.27 § 2 of the Civil Code, which provided that unmarried adults had the right to undergo medically endorsed gender reassignment …Read more
Case 2006-139f
Country: BelgiumYear: 2006
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2006-139f, 14 September 2006
Health Topics: Health care and health services, Health information, Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to property
Tags: Access to health care, Access to treatment, Budget, Diagnostics, Examination, Health care technology, Health facilities, Health records, Medical records, Non-disclosure, Private hospitals, Public hospitals
Covarrubias v Canada (Minister of Citizenship and Immigration)
Country: CanadaYear: 2006
Court: The Federal Court of Appeal
Citation: 2006 FCA 365
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom of movement and residence, Right to health, Right to life
The appellants were Mexican citizens who arrived in Canada and made a claim for refugee protection. Before their claim was heard, the male appellant was diagnosed with end-stage renal failure and was immediately put on life-sustaining hemodialysis treatment. The Immigration and Refugee Board (‘Board’) denied their claim for refugee protection. Among other findings, the Board …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
Victoria Yisraeli v. Health Basket Committee
Country: IsraelYear: 2006
Court: Supreme Court (sitting as High Court of Justice)
Citation: HCJ 2974/06
Health Topics: Disabilities, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health
Vicki Yisraeli was gradually going deaf, and was diagnosed as having hearing at a level 15% of that of a healthy person. She sought a cochlear implant procedure to save her hearing. However, to obtain one, she was required under the Second Supplement of the National Insurance Law, 1994 (the Law) to pay a participation …Read more
Jackson Women’s Health Organisation v. Brian W. Amy (State Health Officer, Mississippi)
Country: United StatesYear: 2005
Court: United States District Court Southern District Of Mississippi Jackson Division
Citation: No CivA 3:04CV495LN, 2005 WL 1412125 (SDMiss 2005)
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health
The plaintiff- Jackson Women’s Health Organisation filed a motion challenging a provision in the Mississippi Code stating, “abortion procedures after the first-trimester shall be performed only at an ambulatory surgical facility or hospitals licensed to perform that service, and for related purposes. The plaintiff alleged that this provision had effectively banned it from performing abortions …Read more
Medicross v. Prime Cure Holdings
Country: South AfricaYear: 2005
Court: Competition Tribunal
Citation: Case no 11/LM/Mar05
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty
The Competition Tribunal examined a merger between Medicross Healthcare Group (Pty) Ltd (Medicross) and Prime Cure Holdings (Pty) Ltd, companies providing primary care healthcare services to medical aid schemes. The transaction envisaged that Medicross would acquire the entire share capital of, and loan claims against, Prime Cure. Prime Cure manages and administers 45 primary healthcare …Read more
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