Advocate Prakash Mani Sharma v. Government of Nepal and Others
Country: NepalYear: 1999
Court: Supreme Court
Citation: Writ No.064 WO 0230
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Under Article 20(2) of the Interim Constitution 2063 in Nepal, every woman in Nepal had the fundamental right to reproductive health. However, there were no effective health services addressing the issue of uterine prolapse, a serious ailment affecting nearly 600,000 women in Nepal. The Petitioners, among others, Pro-Public, an organization working in the area of …Read more
Case 1999-097f
Country: BelgiumYear: 1999
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1999-097f, 15 September 1999
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Tags: Essential medicines, Health expenditures, Health funding, Health regulation, Health spending, Pharmaceuticals, Pricing
Cruz del Valle Bermúdez, et al. v. Ministerio de Sanidad y Asistencia Social (MSAS)
Country: VenezuelaYear: 1999
Court: Supreme Court
Citation: Sentencia No. 196
Health Topics: Health care and health services, Health information, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person, Right to life, Rights to the benefits of culture
The petitioners were a group of persons living with HIV. They filed a writ of amparo against Venezuela’s Ministry of Health and Social Assistance (the Ministry). The Petitioners asked the Court to enjoin the Ministry to provide, free of charge: (1) the regular and periodic delivery of antiretroviral drugs and medication for opportunistic diseases; (2) …Read more
R v. North West Lancashire Health Authority, ex parte A, D, & G
Country: United KingdomYear: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 2022; [2000] 1 WLR 977
Health Topics: Health care and health services, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
North West Lancashire Health Authority (the Authority), the Appellant, appealed against an order quashing the Authority’s decision to refuse gender reassignment treatment to A, D and G, the Respondents. A, D and G all suffered from “gender identity dysphoria,” or transsexualism. Each had male physical characteristics but female sexual identity. A and G had been …Read more
Case SU-225/98
Country: ColombiaYear: 1998
Court: Constitutional Court
Health Topics: Child and adolescent health, Health systems and financing, Infectious diseases, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Right to health, Right to life, Right to social security
Through a representative, 418 parents, inhabitants of the sector of Puenta Aranda in Bogota, filed a tutela against the national and district health authorities alleging that the authorities’ failure to provide a free vaccination program against meningitis violated the duty to protect the health of their children. The Plaintiffs were poor, worked in the informal …Read more
Meenakshi Pharma Distributors v. State of Karnataka and Others
Country: IndiaYear: 1998
Court: High Court - Karnataka
Citation: 1999 (2) KarLJ 164
Health Topics: Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
The Appellant, Meenakshi Pharma Distributors, had conducted various transactions with the authorities of the State of Karnataka for the sale of drugs. The contract stipulated that “if the payment is delayed beyond the period of 30 days, interest shall be payable at the rate of 15 per cent.” However, the trial court reduced the rate …Read more
Policlínica Privada de Medicina y Cirugía S.A. v. Municipalidad de la Ciudad de Buenos Aires
Country: ArgentinaYear: 1998
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 169.XXXIII
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to housing, Right to social security
Policlínica Privada de Medicina y Cirugía S.A. (Policlínica) brought aguarantee of protection of individual constitutional rights (amparo protection) against the resolution of the Health Secretary of the then Municipality of the City of Buenos Aires. Policlínica had sought to transfer a minor, who was receiving intensive care treatment in the Petitioner’s premises, to a public hospital. The minor …Read more
T.V.S. Suzuki Employees’ Union v. Regional Director, ESI
Country: IndiaYear: 1998
Court: High Court - Madras
Citation: (1999) IILLJ 766 Mad
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
The Central Government amended Rule 50 of the Employees’ State Insurance (Central) Rules, 1950 (the Rule) and increased the wage limit for insurance coverage of employees from Rs. 3,000 to Rs. 6,500. A writ petition was filed under Article 226 of the Constitution (original writ jurisdiction of High Courts) challenging the amendment on the ground …Read more
B and Others v. Minister of Correctional Services and Others
Country: South AfricaYear: 1997
Court: High Court - Cape of Good Hope Provincial Division
Citation: 1997 (4) SA 441 (C); 1997 (6) BCLR 789 (C)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The Applicants were four prisoners living with HIV. They sought an order declaring that prisoners living with HIV who had reached the symptomatic stage of the disease and whose CD4 counts was less than 500 per milliliter of blood were entitled to receive appropriate antiretroviral treatment at the Government’s expense. They noted that Section 35(2)(e) …Read more
C., C., et al. v. Ministerio de Salud y Acción Social de la Provincia de Buenos Aires
Country: ArgentinaYear: 1997
Court: Civil and Commercial Court of Appeals of Bahía Blanca [Cámara de Apelaciones en lo Civil y Comercial de Bahía Blanca, Sala II]
Citation: C., C. y otros c/ Ministerio de Salud y Acción Social de la Provincia de Buenos Aires, C. Civ. y Com., Bahia Blanca, Sala II, LLBA1997, 1122, 2/9/1997 (Arg.).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Persons living with HIV/AIDS had filed a guarantee of protection of individual constitutional rights (amparo protection) with the the lower court against the Ministry of Health, claiming that their HIV/AIDS medical treatment was willingly suspended, violating their right to health and jeopardizing their right to life. After the filing of the action, the treatment was …Read more