Case 56/1995 (IX.15.) AB
Country: HungaryYear: 1995
Court: Constitutional Court
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to property
Petitioners challenged several amendments to statutes regulating employee benefit entitlements, which were inexorably connected to their social security entitlements under Hungary’s “mixed system” of social security (insurance and solidarity). The challenged amendments (1) provided that an employee was entitled to 25 sick days per year, for 5 of which she was not entitled to remuneration, …Read more
R v. Cambridge Health Authority, ex parte Beckwith
Country: United KingdomYear: 1995
Court: Court of Appeal, Civil Division
Citation: [1995] 2 All ER 129 (CA); [1995] EWCA Civ 49
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Informed consent, Medicines
Human Rights: Right to health, Right to life
The child “B” had a long history of unsuccessful treatments fo her cancer. In January 1995, B suffered a further relapse of acute myeloid leukaemia. Both the doctor who oversaw B’s treatment since the initial diagnosis and the doctor who performed a prior bone marrow transplant agreed that the child had approximately six to eight …Read more
Case 537B/1994
Country: HungaryYear: 1994
Court: Alkotmánybíróság (Constitutional Court)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
Petitioner challenged the constitutionality of a portion of a decree covering the financing of health services, which included a “professional” factor in determining the amount of funding for local governments. This provided more funding for doctors with higher skills, as opposed to merely the number of years spent as a public servant or the number …Read more
Case 430-93
Country: GuatemalaYear: 1993
Court: Constitutional Court (constituted into an extraordinary amparo tribunal)
Citation: Corte Constitucional de Guatemala, Causa No. 430 – 93, Gaceta de Jurisprudencia No. 31
Health Topics: Health systems and financing
Human Rights: Right to health
This case was a constitutional writ for the protection of human rights (amparo), which the petitioner sought because the Government had issued a series of agreements (Governmental Agreements 118-93 and 120 – 93) through which the Ministry of Public Health and Social Assistance was stripped of a part of its budget, in order to pay …Read more
Case 00280
Country: Costa RicaYear: 1992
Court: Corte Suprema de Justicia de Costa Rica [Costa Rica Supreme Court]
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 07 de Febrero 1992, Sentencia 00280, Expediente: 90-001401-0007-CO (1992) (Costa Rica).
Health Topics: Disasters and emergencies, Health care and health services, Infectious diseases, Medicines
Human Rights: Right to health
Petitioner brought an action against the Social Security Service of Costa Rica, asserting that the institution arbitrarily stopped providing patients with pharmaceuticals for the treatment of HIV/AIDS, in violation of petitioner’s constitutional right to health. The petitioner sought the recognition of an obligation on the part of the Social Security Service of Costa Rica to …Read more
Case T-484/92
Country: ColombiaYear: 1992
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
The Petitioner, a Colombian national living with HIV, filed an appeal for legal protection against the Colombian Social Security Institute. The Petitioner claimed that his right to medical services was threatened when a doctor at the Cali Social Security Institute informed him that his treatment would cease in 30 days. However, medical directors at the …Read more
Rust v. Sullivan
Country: United StatesYear: 1991
Court: Supreme Court
Citation: 500 U.S. 173 (1991)
Health Topics: Health care and health services, Health information, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
In 1970, Congress enacted Title X of the Public Health Service Act (the Act), which provided federal funding for family planning services. Section 1008 of the Act prohibited the use of Title X federal funding “for programs where abortion [was] a method of family planning.” The Regulations to the Act (the Regulations), introduced by the …Read more
Alexander v. Choate
Country: United StatesYear: 1985
Court: Supreme Court
Citation: 469 U.S. 287 (1985)
Health Topics: Disabilities, Health care and health services, Health systems and financing, Mental health, Poverty
Human Rights: Freedom from discrimination, Right to social security
In response to increasing projected state Medicaid costs, the directors of the Tennessee Medicaid program decided to implement a number of cost saving measures. Among these measures was a proposed reduction in the number of annual days of inpatient hospital care covered by the program from 20 to 14 days per fiscal year. Respondents, Tennessee …Read more
Case 39/84
Country: PortugalYear: 1984
Court: Constitutional Court
Citation: Acórdão N.º 39/84
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
The President wished to remove significant portions of Law No. 56/79 that established the National Health Service. The law was created by parliament and thus the President argued that the parliament holds all power to alter or remove the law. The President also intended to repeal and replace Law No. 488/75, but the constitutionality of …Read more
Schweiker v. Hogan
Country: United StatesYear: 1982
Court: Supreme Court
Citation: 457 U.S. 569 (1982)
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from discrimination, Right to social security
The Respondents brought this suit challenging the constitutional validity of § 1903(f) of the Social Security Act (the Act); they claimed it violated the equal protection component of the Fifth Amendment. Under the Medicaid program, States were required to provide Medicaid coverage to certain individuals described as the “categorically needy” and, at their discretion, could …Read more