190 judgments found.

Case 180838

Country: France
Year: 1997
Court: Conseil d'État (Council of State)
Citation: N° 180838 180839 180867. , 30 April 1997
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
Facts:

The national association for the ethics of liberal medicine (l’Association nationale pour l’éthique de la médecine libérale) requests the annulment of Articles 6, 11, 17, 19 and 20 of the Ordinance of 24 April 1996 on the medical control of health spending using an adjustment mechanism for medical expenses. Articles 17, 19 and 20 institute …Read more

Tags: Access to health care, Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health regulation, Health spending
Download Judgment: French

Case 1997-020

Country: Belgium
Year: 1997
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°19967-020f, 15 April 1997
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination
Facts:

The professional Union of Belgian and International Insurance Companies (“UPEA”) introduced a request to annul articles 24, 4, and 25 (the “impugned provisions”) of the law dated December 20, 1995 (the “contested law”), which pertained to mandatory healthcare and indemnity insurance. UPEA asserted that article 24, 4, of the contested law conferred to certain physician …Read more

Tags: Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Social security, Subsidies
Download Judgment: English French Flemish

Case SU-480/97

Country: Colombia
Year: 1997
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Informed consent, Medicines
Human Rights: Freedom of association, Right to health, Right to life, Right to social security
Facts:

The case combined six writs of tutela that were filed against the Institute of Social Security (ISS) into one record. The Plaintiffs were persons living with HIV who had not been able to obtain protease inhibitors to treat their HIV. The protease inhibitors sought by the Plaintiffs were antiretrovirals used in the treatment of HIV …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Generic drugs, Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, HIV, Informed choice, Out-of-pocket expenditures, Patient choice, People living with HIV/AIDS, PLHIV, Reimbursement, Social security, Subsidies
Download Judgment: English Spanish

Eldridge v. British Columbia (Attorney General)

Country: Canada
Year: 1997
Court: Supreme Court
Citation: [1997] 3 S.C.R. 624
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination
Facts:

Robin Eldridge, John Warren, and Linda Warren were each born deaf. They alleged that the provincial government of British Columbia’s failure to provide funding for sign language interpreters for deaf persons when they received medical services violated the right to equality contained in s. 15(1) of the Canadian Charter of Rights and Freedoms.   Medical …Read more

Tags: Access to treatment, Budget, Clinics, Deaf, Disabled, Health funding, Health insurance, Out-of-pocket expenditures, Public hospitals, Reimbursement, Social security, Subsidies
Download Judgment: English French

Joint Stock Company “Transkop”, Bitola to the Constitutional Court

Country: Macedonia
Year: 1997
Court: Constitutional Court
Citation: 77/1998-0-0
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The Joint Stock Company ‘Transkop’, Bitola (the Company), challenged two bylaws establishing conditions on the funding of treatment abroad by the Health Insurance Fund. These bylaws were the Rulebook on the conditions and manner for referring the insurees to treatment abroad (the Rulebook) and the Resolution of the Minister of Health no.02-1439/1 delivered on February …Read more

Tags: Access to health care, Access to treatment, Emergency care, Employment, Health funding, Health insurance, Health regulation, Out-of-pocket expenditures, Reimbursement, Social security, Tertiary care
Download Judgment: English Macedonian

Julian, et al. v. New Zealand

Country: New Zealand
Year: 1997
Court: United Nations Human Rights Committee
Citation: Communication No. 601/1994
Health Topics: Disabilities, Health systems and financing
Facts:

Julian (J), a former fighter pilot, and Drake (D), who had become a naturalized New Zealand citizen in 1964, had been incarcerated by Japan during the Second World War in conditions where torture and maltreatment took place regularly. It was claimed that, as a direct consequence of this, they still suffered residual disabilities and incapacities. …Read more

Tags: Differently abled, Disabled, Handicapped, Health expenditures, Health funding, Health spending
Download Judgment: English

R v. Gloucestershire County Council and Anr., ex parte Barry

Country: United Kingdom
Year: 1997
Court: House of Lords
Citation: [1997] 2 All ER 1 (HL); [1997] 2 W.L.R. 459; [1997] A.C. 584
Health Topics: Disabilities, Health systems and financing
Human Rights: Right to health
Facts:

Michael Barry was an 81-year-old man who suffered from a number of disabilities and lived alone within the Gloucestershire County Council (the Council). Barry was originally assessed as requiring a number of home care services, but after budgetary cuts the Council informed Barry that they would no longer be able to perform cleaning and laundry …Read more

Tags: Budget, Disabled, Handicapped, Health expenditures, Health facilities, Health funding, Health insurance, Health spending, Out-of-pocket expenditures, Subsidies
Download Judgment: English

Soobramoney v. Minister of Health

Country: South Africa
Year: 1997
Court: Constitutional Court
Citation: [1997] ZACC 17; 1998 (1) SA 765 (CC); 1997 (12) BCLR 1696
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
Facts:

The appellant was a 41-year old, unemployed, diabetic man who suffered from ischaemic heart disease, cerebro-vascular disease, and renal failure. His condition was chronic and irreversible. In order to continue address this condition and prolong his life, he required regular renal dialysis treatment. The appellant had made all efforts to continue treatment privately, but was …Read more

Tags: Access to treatment, Budget, Diabetes, Health care technology, Health expenditures, Health funding, Health spending, Heart disease, Indigent, Low income, Noncommunicable diseases, Poor, Secondary care, Stroke
Download Judgment: English

Waldman v. The Medical Services Commission of British Columbia, et al.

Country: Canada
Year: 1997
Court: Supreme Court of British Columbia
Citation: [1997] B.C.J. No. 1793, 150 D.L.R. (4th) 405, [1998] 5 W.W.R. 9.
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to liberty and security of person, Right to work
Facts:

Three doctors challenged the Medical Services Commission of British Columbia’s (“the Commission’s”) variable fee-for-service rates, which were based on province of residence and physician seniority. In 1994, the Commission enacted interim measures under which new billers (medical practitioners who applied to the Commission after February 11, 1994) were issued restricted billing numbers. New billers were …Read more

Tags: Budget, Health care professionals, Health expenditures, Health funding, Health insurance, Health regulation, Health spending
Download Judgment: English

Case 1316B/1995

Country: Hungary
Year: 1996
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health
Facts:

A petition was filed challenging the constitutionality of Section 24 Paragraph 4 of Government Decree 103/1995 (VIII. 25.) on Certain Issues of Social Security Funding of Health Care and its Annex No. 6. It was argued that as a result of these provisions, equal in patient care as a constitutional right, was violated. Financing was …Read more

Tags: Access to health care, Budget, Health expenditures, Health facilities, Health funding, Health insurance, Health spending, Public hospitals, Secondary care, Subsidies
Download Judgment: English