Amit Ahuja v. Union of India
Country: IndiaYear: 2014
Court: High Court of Delhi
Citation: W.P.(C) 1507/2014 & CM APPL. 3144/2014
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health
The petitioner was a patient suffering from haemophilia and was receiving treatment at a government hospital. However, after he did not respond to initial treatment, the doctors discharged him, stating that they could no longer afford to administer the advanced palliative treatment (Activated Recombinant Factor VIIa) to him. This treatment would have cost 1,40,000 rupees …Read more
Canadian Doctors for Refugee Care, et al. v. Attorney General of Canada et al.
Country: CanadaYear: 2014
Court: Federal Court
Citation: (2014) FC 651
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
In 2012, the Governor-in-Council passed two orders modifying the Interim Federal Health Program (IFHP), thereby reducing health insurance coverage for refugee and asylum claimants in Canada. Canadian Doctors for Refugee Care (CDRC) and two groups of lawyers challenged the changes to the program to restore better coverage as the changes had a significant negative impact …Read more
Case 562/13
Country: BelgiumYear: 2014
Court: Grand Chamber
Citation: C-562/13. Centre public d’action sociale d’Ottgnies-Louvain-la-Neuve v. Moussa Abdida
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Mr. Abdida, a Niegrian national, was in Belgium seeking asylum from torture and inhuman treatment. While in Belgium, he suffered from a serious illness and submitted an application to reside in Belgium on medical grounds. The application was accepted, and he began receiving social assistance from the Public Social Action Centre of Ottignies-Louvain-la-Neuve (“CPAS”). In 2011, …Read more
Case of Angel Alberto Duque (Report on the merits)
Country: ColombiaYear: 2014
Court: Inter-American Commission on Human Rights
Citation: Report No. 5/14
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to social security
Duque and his same-sex partner lived together as a couple for over ten years, until his partner died from AIDS. Four years prior to the death, Duque was diagnosed with HIV and was being treated under support from his partner. When his partner died, Duque asked the COLFONDOS (the pension service) to ask what requirements …Read more
Mohd Ahmed (Minor) v. Union of India, et al.
Country: IndiaYear: 2014
Court: High Court of Delhi
Citation: W.P.(C) 7279/2013
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Poverty
Petitioner was a 7-year-old boy suffering from a rare genetic disease called Gaucher Disease (a type of Lysosomal Storage Disorder) which, if left untreated, would render him unlikely to survive. Although Enzyme Replacement Therapy (ERT), a monthly, lifelong treatment, would afford him a normal life, the drug, due to low demand arising from the rarity …Read more
Tapela, et al. v. Attorney General, et al.
Country: BotswanaYear: 2014
Court: High Court
Citation: (MAHGB-000057-14), BWHC 1 (2014)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
The applicants, two prisoners with HIV and an interested non-governmental organization, complain that the policy of denying Highly Active Antiretroviral Therapy (“HAART”) to non-citizen inmates is a violation of the rights of such non-citizen prisoners under the Constitution of Botswana. HAART is a drug treatment that helps control HIV mutation and reduces the likelihood of …Read more
Agency for International Development v. Alliance for Open Society International, Inc.
Country: United StatesYear: 2013
Court: Supreme Court
Citation: 570 U.S. ___ (2013)
Health Topics: Health systems and financing, HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom of expression
The United States Leadership against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Leadership Act), 22 U.S.C. §7601 set forth a strategy to globally combat the spread of HIV/AIDS. Congress authorized the appropriation of billions of dollars to fund efforts by nongovernmental organizations working in this area. The Leadership Act’s conditions stated that: (1) No funds …Read more
M., M. R. v. PROFE Ministerio de Salud
Country: ArgentinaYear: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 576. XLIX.
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health, Right to life
The plaintiff brought the case with First Instance Civil and Commercial Court of San Martín [Juzgado de Primera Instancia en lo Civil y Comercial N°7 de San Martín] against the provincial executive organ of the Federal Program of Health [PROFE Salud] to provide coverage and prescribed medicines she needed for her strict treatment for her systemic …Read more
Mehmet Senturk and Bekir Senturk v. Turkey
Country: TurkeyYear: 2013
Court: The European Court of Human Rights
Citation: Application No. 13423/09
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Medicines, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to life
The first applicant took his pregnant wife to the Izmir Pubic Hospital. A midwife examined his wife and the duty gynecologist was not called. As the applicant’s wife was experiencing continuous pain, he took her to another hospital- Atatruk Research and Teaching Hospital. An Assistant Doctor examined her and thereafter referred her to the Urology …Read more
Mellet v. Ireland
Country: IrelandYear: 2013
Court: Human Rights Committee
Citation: CCPR/C/116/D/2324/2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Health systems and financing, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to health, Right to privacy
The author of the communication stated that she became pregnant in 2011 and in her 21st week, she was informed that the foetus had congenital heart defects. She was further informed that the impairment might prove to be fatal. However the hospital told her that abortion was not possible in the current jurisdiction (Ireland) and …Read more