H.R. v. Försäkringskassan
Country: SwedenYear: 2010
Court: Supreme Administrative Court
Citation: RÅ 2010 ref. 52, Målnummer: 1201-09
Health Topics: Health systems and financing
Human Rights: Freedom of movement and residence, Right to health, Right to social security
H.R’s partner became acutely ill during her temporary residency in Great Britain. H.R. travelled to Great Britain to support and care for her whilst she was in hospital. He was the only family member present for multiple surgeries to treat his partner’s life-threatening cancer. This required significant and costly travel for H.R. Upon returning to …Read more
Ministry of Health v. Atkinson
Country: New ZealandYear: 2010
Court: High Court
Citation: [2010] NZHC 1216
Health Topics: Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
In 2010, the New Zealand Human Rights Tribunal (the Tribunal) declared that the New Zealand government’s policy that excluded relatives of disabled persons from receiving public payments for providing home-care disability services (the Policy) was discriminatory and thus, violated s 19 of the New Zealand Bill of Rights Act (NZBoRA). The Tribunal’s declaration was challenged …Read more
Oyal v. Turkey
Country: TurkeyYear: 2010
Court: European Court of Human Rights
Citation: App. No. 4864/05, Eur. Ct. H.R. (unpublished) (2010).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice, Poverty
Human Rights: Right to due process/fair trial, Right to life
The primary applicant, the child of the second two applicants, was born prematurely and diagnosed with an “inguinal and umbilical hernia.” The child required a number of blood and plasma transfusions during the first two months of life, and the applicant parents purchased the required blood and plasma quantities from the Turkish Red Cross. Four …Read more
Case 4053-2009
Country: GuatemalaYear: 2009
Court: Constitutional Court [Corte Constitucional]
Citation: Corte Constitucional de Guatemala, Exp. No. 4053-2009
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life, Right to social security
Julio César Bravo Villata, a minor, was a beneficiary of the Guatemalan Social Security Institute. He suffered from cerebral paralysis due to a respiratory arrest that occurred at the time of birth (a “congenital defect”) and his parents were told that once the child turned five, his treatment would be suspended. The Board of Directors …Read more
Case 660/2009
Country: SpainYear: 2009
Court: Supreme Court of Justice of Castilla-Leon
Citation: STSJCL 660/2009. Almudena v. Health Managing Area of the Primary Health Care of Burgos
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
This case concerned social security reimbursement for private health care in Spain. The plaintiff suffered from an eating disorder, a personality disorder, and alcoholism. She sought treatment through Spain’s public health service for years. She was eventually discharged and referred to a public hospital, where she spent a year. She then sought reimbursement for the …Read more
Case C-727/09
Country: ColombiaYear: 2009
Court: Colombian Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Plena octubre 14, 2009, M.P.: María Victoria Calle Correa, Sentencia C-727/09 (Colom.).
Health Topics: Aging, Health care and health services, Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to favorable working conditions, Right to health, Right to social security
Petitioner Hernán Antonio Barrero Bravo brought action challenging the constitutionality of Law 860 (Reform of the Social Security System law), alleging its violation of articles 48 (principle of progressive realization), 49 (principle of non-retrogression of social rights) and 53 (principle of non-retrogression in the protection given by the previous law) of the Constitution in changing …Read more
Case T-388/09
Country: ColombiaYear: 2009
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Octava de Revisión mayo 28, 2009, M.P.: Humberto Antonio Sierra Porto, Sentencia T-388/09 (Colom.).
Health Topics: Health care and health services, Health systems and financing, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
The petitioner, a Colombian national, filed a tutela (an appeal for legal protection) on behalf of his partner who was 19 weeks pregnant. The petitioner’s partner underwent examination and discovered that the fetus exhibited serious malformations that made the fetus unviable. Despite the advice of a board of specialists to terminate the pregnancy, the local health …Read more
Veena Bhatia v. Department of Telecommunication, et al.
Country: IndiaYear: 2009
Court: Central Administrative Tribunal - Delhi
Citation: T.A. No.606/2009
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Veena Bhatia was an employee of the respondents. In her 35th week of pregnancy, she delivered her child prematurely. The doctor performed an emergency lower segment caesarian section (LSCS) because of fetal distress and antepartum hemorrhage. A normal delivery was not an option because the baby would have died and the mother would have hemorrhaged …Read more
Case T-760/08
Country: ColombiaYear: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Segunda de Revisión julio 31, 2008, M.P.: Manuel José Cepeda Espinoza, Sentencia T-760/08 (Colom.).
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to due process/fair trial, Right to health, Right to life, Right to social security
In 1993, Colombia passed Law 100, a broad national healthcare reform act that attempted to improve delivery of health services in Colombia by utilizing public and private insurers (“Health Promoting Entities,” or EPSs) as substitutes to purchase health care for insured patients. To this end, the law established a two-tier system of benefits: (1) a …Read more
Doige v. British Columbia
Country: CanadaYear: 2008
Court: British Columbia Human Rights Tribunal
Citation: [2008] B.C.H.R.T. 158
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
Plaintiff Roland Doige alleged that the health premium policies of the Ministry of Finance of British Columbia discriminated against him as a single person. A single beneficiary of the Medical Services Plan (“MSP”) paid a monthly premium rate of CAD 54.00, which was up to CAD 6.00 more per person than would be paid by …Read more