British Columbia v Imperial Tobacco Canada Ltd.
Country: CanadaYear: 2005
Court: Supreme Court of Canada
Citation: 2005 SCC 49
Health Topics: Health care and health services, Health systems and financing, Tobacco
Human Rights: Right to due process/fair trial
The Province of British Columbia (BC) passed the Tobacco Damages and Health Care Costs Recovery Act (the “Act”) to allow the government to sue tobacco manufacturers for the costs of providing health care to individuals exposed to tobacco products. Under the Act a given manufacturer could be held liable for a proportion of provincial health …Read more
Chaoulli v. Quebec (Attorney General)
Country: CanadaYear: 2005
Court: Supreme Court
Citation: 2005 S.C.C. 35, [2005] 1 S.C.R. 791
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to liberty and security of person, Right to life
Section 15 of the Health Insurance Act (HEIA) and s. 11 of the Hospital Insurance Act (HOIA) prohibited Quebec residents from taking out private health insurance for services covered by Quebec’s public health care plan. The two Appellants, Jacques Chaoulli and George Zeliotis, contested the validity of this prohibition. They alleged that these prohibitions deprived …Read more
Gila Louzon v. Government of Israel
Country: IsraelYear: 2005
Court: Supreme Court (sitting as the High Court of Justice)
Citation: HCJ 3071/05
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
The decision addressed three petitions with similar facts. In all three cases, the petitioners were diagnosed with cancer and prescribed a medication not included in the health services basket available under the national health care services (which was prohibitively expensive to purchase individually). By the time two of the petitions came to the Court, however, …Read more
In the matter of Article 26 of the Constitution and the Health (Amendment) (No.2) Bill 2004
Country: IrelandYear: 2005
Court: Supreme Court of Ireland
Citation: [2005] I.E.S.C. 7 (Ir.)
Health Topics: Aging, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
The Health (Amendment) (No.2) Bill of 2004 was referred to the Supreme Court for review. Primarily the Supreme Court was asked to analyse the constitutional validity of the bill. Amendment to Section 53 of the Act imposed certain charges mostly on elderly people with limited means for in-patient treatment by public health services. Further, the …Read more
Pentiacova and Ors. v. Moldova
Country: MoldovaYear: 2005
Court: European Court of Human Rights
Citation: Application No. 14462/03; (2005) 40 EHRR SE23
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to life, Right to property
Applicants filed a complaint with the European Court of Human Rights alleging that the Moldovan government’s inadequate financing of hemodialysis treatments violated their right to life, caused them significant pain and suffering, and negatively affected their families’ lives. Applicants were a group of patients suffering from liver failure and receiving hemodialysis treatments. They alleged that …Read more
Case 2004-504
Country: FranceYear: 2004
Court: Conseil Constitutionnel (Constitutional Council)
Citation: Décision n° 2004-504
Health Topics: Health information, Health systems and financing
Human Rights: Right to health, Right to privacy
In this case a number of petitioners challenged the constitutional validity of an act reforming the public health insurance system. The impugned provisions were: Article 3 of the Act inserted articles which provide for establishment provides for the establishment of a system to promote coordination, quality and continuity of care and will allow for monitoring …Read more
Case 2945-2003-AA/TC
Country: PeruYear: 2004
Court: Constitutional Court
Citation: Sentencia 2945-2003-AA/TC (2004). (Azanca Alhelí Meza García v. Ministry of Health)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
The petitioner filed a writ of amparo (appeal for legal protection) against the Ministry of Health of Peru. She sought free administration of comprehensive medical treatment for HIV, including both the continuous delivery of necessary medicines and the performance of periodic CD4 cell count and viral load tests upon medical indication and/or the patient’s urgent …Read more
Case T-095/04
Country: ColombiaYear: 2004
Court: Constitutional Court [Corte Constitucional]
Citation: Colombia; Constitutional Court; Sentencia T-095/04.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
Mrs. Torres Puerta (the “Patient”) was affiliated with E.P.S. Coomeva, a Health Providing Entity. (Note: in Colombia, Health Providing Entities are in charge of providing healthcare services to employees, who must subscribe to one of such entities and pay a monthly fee which their employer deducts from their salary). In 2002, The Patient received authorization …Read more
International Federation of Human Rights Leagues (FIDH) v. France
Country: FranceYear: 2004
Court: European Committee of Social Rights
Citation: Complaint No. 13/2003, 40 Eur. H.R. Rep. SE25 (2005).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
Changes in French domestic law required foreign nationals to have lawfully resided in France for three continuous months and to satisfy an economic means test in order to qualify for benefits under the country’s universal medical coverage (CMU) program. The benefits for lawful nationals included health insurance with a potential to receive supplemental insurance. Conversely, …Read more
K.B.F v. Försäkringskassan
Country: SwedenYear: 2004
Court: Supreme Administrative Court
Citation: RÅ 2004 ref. 41
Health Topics: Health systems and financing
Human Rights: Freedom of movement and residence, Right to health, Right to social security
The plaintiff regularly stayed in Germany during part of the year and needed dental treatment. The first treatment was deemed acute and thus paid for by the German version of the Swedish Social Security Insurance Agency (SSIA). Subsequent treatments were deemed not acute and thus were not paid for. The plaintiff sought compensation by the …Read more