Case 0015-10-TI
Country: EcuadorYear: 2010
Court: Constitutional Court for the Transitional Period [Corte Constitucional para el Período de Transición]
Citation: Corte Constitucional para el periodo de Transición, Judgment No. 0006-10-DTI-CC, Case No. 0015-10-TI, February 11, 2010.
Health Topics: Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to health
This case discussed the type of approval necessary for a bilateral health agreement between Ecuador and Venezuela, signed by the Executive Branch. Ecuador’s Executive Branch signed an agreement with Venezuela to provide technical assistance, supplies and other equipment for persons with disabilities. The President’s Secretary filed an inquiry with the Constitutional Court for the Transitional …Read more
Case 1.240
Country: RomaniaYear: 2010
Court: Curtea Cnstituţională (Constitutional Court)
Citation: Decision No. 1.240 of 7 October 2007
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health
Two merged cases challenged the constitutionality of a law on health sector reform. The law provided care for insured person under the Health Insurance Fund. However, to be an insured person required that the person has paid all dues, including retroactive payments, even if that meant paying for coverage when no services were provided. These …Read more
Case 1.657
Country: RomaniaYear: 2010
Court: Constitutional Court [CURTEA CONSTITUŢIONALĂ]
Citation: DECISION No. 1.657 of 28 December 2010
Health Topics: Health systems and financing
Human Rights: Right to health, Right to social security
The case was introduced by a group of 54 deputies under Article 146 of the Constitution seeking a constitutionality review of the 2011 State Budget Law. Alleged violations from the 2011 State Budget Law included: (1) the Government submitted the 2011 State Budget law two months later than the deadline mandated in the Constitution for …Read more
Case 108-2010-R
Country: BoliviaYear: 2010
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
A constitutional amparo (writ of injunctive relief) petition was brought the petitioner on behalf of his minor daughter against the Department Director of the Sexually Transmitted Infections/A.I.D.S. (“STI/AIDS”) Program, alleging violations of his daughter’s rights to life, to health, to “legal certainty,” and to petition, as guaranteed by the Bolivian Constitution. The petitioner’s daughter lived …Read more
Case 2009-12-03
Country: LatviaYear: 2010
Court: Constitutional Court
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
The applicant, G.Z. was diagnosed with Gaucher’s disease at the age of three. Gaucher’s disease was a rare disease which can only be successfully treated with the drug Cerezyme. If the disease was not treated, it could result in early death. G.Z’s parents claimed 100% reimbursement of the purchase costs of Cerezyme on G.Z’s behalf. …Read more
Case 3-4-1-8-09
Country: EstoniaYear: 2010
Court: Supreme Court
Citation: Constitutional Judgment 3-4-1-8-09, Supreme Court (16 March 2010
Health Topics: Child and adolescent health, Health systems and financing
In 2009, the state legislative body passed the 2009 Supplementary Budget Act and Related Acts Amendment Act (“Supplementary Budget Act”), which amended a series of statutes in order to limit the state budget deficit. The Tallinn City Council filed a petition with the Estonian Supreme Court, asking it to declare certain provisions of the Supplementary …Read more
Case 838
Country: RomaniaYear: 2010
Court: Constitutional Court
Citation: Decision No. 838 of 24 June 2010
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person
An explanatory statement challenged certain provisions of the Law No. 95/2006 on the Health Sector Reform (the “Health Law”) and the Governmental Ordinance No. 92/2003 on the Tax Procedure Code (the “Government Ordinance”) as being unconstitutional under the Romanian constitution (the “Constitution). These provisions provided for mandatory social security contributions and “[a]lthough allowing the functioning …Read more
Case 857/B/2005 AB
Country: HungaryYear: 2010
Court: Constitutional Court
Health Topics: Aging, Health systems and financing
Human Rights: Right to health, Right to social security
Petitioner sought a declaration that a certain provision of a government decree regulating minimum pension amounts was unconstitutional because it (a) regulated a fundamental right which could only be done by statute and (b) provided a social security benefit too low to maintain human dignity, which was guaranteed by the Constitution.
Case 95
Country: RomaniaYear: 2010
Court: National Council for Combating Discrimination
Citation: Decision No. 95 of 9 June 2010
Health Topics: Aging, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
The petitioner, the National Council for Combating Discrimination, alleged that Order No. 1352/2009 (the” challenged order”) issued by the Ministry of Health, the defendant, violated the paragraph 1 of Article 1 and Article 10, pt (b) of Governmental Ordinance No. 137/2000, which prevented and sanctioned all forms of discrimination. The petitioner claimed that the challenged …Read more
Case T-045/10
Country: ColombiaYear: 2010
Court: Constitutional Court of Colombia
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Primera de Revisión febrero 2, 2010, M.P.: María Victoria Calle Correa, Sentencia T-045/10 (Colom.).
Health Topics: Disasters and emergencies, Health care and health services, Mental health, Violence
Human Rights: Freedom from discrimination, Right to health
An amparo action (appeal for legal protection) was brought against the Ministry of Social Protection by the Colombian Commission of Jurists (Comisión Colombiana de Juristas) on behalf of three women (Diana Carmenza Redondo, Argénida Torres, and María Romero), who were victims of massacres orchestrated by either paramilitaries or guerrillas, who were thereafter displaced from their communities, …Read more