Adviento v Canada (Minister of Citizenship and Immigration)
Country: CanadaYear: 2003
Court: Federal Court
Citation: 2003 FC 1430
Health Topics: Chronic and noncommunicable diseases, Health information, Health systems and financing, Medicines, Poverty
Human Rights: Right to health
The applicant was a citizen of the Philippines who entered Canada in 1990 under the Foreign Domestic Program, later renamed the Live-In Caregiver Program. She remained legally employed as a caregiver until her employment authorization expired in 1998. Nonetheless, she continued to stay and work in Canada. In 1994, the applicant was diagnosed with kidney …Read more
Asociación de Esclerosis Múltiple de Salta v. Ministerio de Salud – Estado Nacional
Country: ArgentinaYear: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 891. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
The 939/00 Obligatory Medical Program provided medication to persons suffering from multiple sclerosis and isolated demyelinating syndrome, a precondition of multiple sclerosis. The National Ministry of Health passed a resolution to amend this program. The resolution had the effect of excluding from the program all isolated demyelinating syndrome sufferers and any multiple sclerosis sufferers who had …Read more
Barría, Mercedes Clelia v. Provincia de Chubut et al.
Country: ArgentinaYear: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 2207. XXXIX.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
The plaintiffs, Mercedes Clelia Barria and Juan Carlos Figueroa, filed a guarantee of protection of individual constitutional rights (amparo protection) and a precautionary measure against the Government of the Province of Chubut and the National Government, both responsible for the Federal Health Program (a , to obtain the continuation of the medical treatment which was essential …Read more
Case of Van Kuck v. Germany
Country: GermanyYear: 2003
Court: The European Court of Human Rights
Citation: Applications no. 35968/97
Health Topics: Health care and health services, Health systems and financing, Medicines, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
The applicant instituted proceedings before the District Court to change her forename to Carola Brenda. The District Court held that the conditions under the Transsexuals Act were met and granted the request in 1991. In 1992, the applicant brought an action against a German health insurance company. She claimed reimbursement for hormone therapy and sex-reassignment …Read more
Guðmundsdóttir v. The State of Iceland
Country: IcelandYear: 2003
Court: Icelandic Supreme Court
Citation: No. 151/2003
Health Topics: Health care and health services, Health information, Health systems and financing
Human Rights: Right to privacy
The appellant, Guðmundsdóttir, wrote a letter to the Medical Director of Health, the respondent, requesting that health information in medical records of her deceased father should not be transferred to the Health Sector Database and asserted her right to do so. In particular, she did not want her father’s genealogical or genetic information to be …Read more
Idryma Koinonikon Asfaliseon (IKA) v. Vasilios Ioannidis
Country: GreeceYear: 2003
Court: European Court of Justice
Citation: C-326/00
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom of movement and residence, Right to social security
During his stay in Germany, Mr. Ioannidis, a resident of Greece, was admitted to a clinic to undergo a catheterization with a heart catheter for pains in his thorax due to angina pectoris. Mr. Ioannidis had an old-age pension from the social security organization IKA. Mr. Ioannidis requested the German sickness fund to pay for …Read more
International Association Autism Europe v. France
Country: FranceYear: 2003
Court: The European Committee of Social Rights
Citation: Case No. 13/2002
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to education
The complainant alleged that France is failing to adhere to its obligations under the European Social Charters. They stated that children and young adults did not have adequate access to educational services. Further, it was alleged that the provisions for early intervention, teacher training, funding and accessibility of mainstream education was insufficient. It was also …Read more
Sentges v. Netherlands
Country: NetherlandsYear: 2003
Court: European Court of Human Rights
Citation: Application No. 27677/02
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to privacy
S, a Netherlands national, was born in 1986. S suffered from Duchenne Muscular Dystrophy (DMD), a disease characterized by progressive muscle degeneration, loss of the ability to walk and often the loss of lung or cardiac functions. S was unable to stand, walk, or lift his arms and his manual and digital functions were virtually …Read more
Sunil Dixit v. Australia
Country: AustraliaYear: 2003
Court: United Nations Human Rights Committee
Citation: U.N. Doc. CCPR/C/77/D/978/2001 (Apr. 28, 2003).
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to acquire nationality, Right to due process/fair trial, Right to privacy
The author challenges the refusal of his visa application as a violation of his right to equality before the law as provided for in article 26 (equal before law) of the International Convenant on Civil and Political Rights (the Covenant) in addition to article 2, paragraph 3, (right to remedy); article 14, paragraph 1 (right …Read more
Case 1-13/2002
Country: UkraineYear: 2002
Court: Constitutional Court
Citation: Case No. 1-13/2002, Ukraine (Constitutional Ct. 2002)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
The People’s Deputies of Ukraine requested the Constitutional Court to issue an official interpretation of Article 49 paragraph 3 of the Constitution of Ukraine which states “in state and communal health protection, institutions medical care is provided free of charge.” Article 93 paragraph 1 of the Law of Ukraine empowers the People’ Deputies to bring …Read more