Case 6501/2007
Country: SpainYear: 2007
Court: Supreme Court
Citation: S.T.S. 6501, July 17, 2007.
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
In 2002, Jose Maria was diagnosed with cancerous enlargements and was admitted to the Virgen de las Nievas Hospital, where he was treated with four cycles of chemotherapy and radiotherapy. One year later, he needed a surgery that public health services were unable to provide. As such, he went to the Teknon Clinic of Barcelona …Read more
Case RE 399664/SP
Country: BrazilYear: 2007
Court: Federal Supreme Court
Citation: Recurso Extraordinario, RE 399664/SP, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Health care and health services, Health systems and financing, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
A Chief of Police contracted Hepatitis C while intervening in the attempted suicide of a prisoner. The the Court of Justice of São Paulo held that the state and its health system were responsible for providing him, an individual in financial need, with medications to treat his Hepatitis C. The State of São Paulo filed an extraordinary …Read more
Case VII SA/Wa 185/07
Country: PolandYear: 2007
Court: Voivodeship Administrative Court - Warsaw
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to social security
On August 2006, the Director of the Voivodeship Branch of the National Health Fund rejected the application of the plaintiffs for the reimbursement of the costs incurred during the plaintiff’s in vitro fertilization procedure. The plaintiffs had neither obtained a physician’s referral for the in vitro treatment nor filed an application with the Director of …Read more
Hummatov v. Azerbaijan
Country:Year: 2007
Court: The European Court of Human Rights
Citation: Application No. 9852/03 and 13413/04
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Medicines, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
The applicant, a politician was arrested and detained in a detention centre. He was accused of treason and use of armed forces against the State. The applicant absconded and went into hiding but was caught and arrested. The applicant alleged that he was ill-treated and not allowed to see a doctor during the period of …Read more
Kranti v. Union of India & Ors
Country: IndiaYear: 2007
Court: Supreme Court
Citation: Appeal (civil) No. 2681/2007
Health Topics: Diet and nutrition, Disasters and emergencies, Health systems and financing, Poverty, Water, sanitation and hygiene
Human Rights: Right to food, Right to water and sanitation
The plaintiffs were residents of a group of islands heavily affected by the 2004 tsunami. They argued that they were facing a number of problems which the local administration could take steps to mitigate and that the problems required immediate governmental action. They argued that, while there were relief funds, these funds were not being …Read more
Ombudsperson of the Republic of Macedonia to the Constitutional Court
Country: MacedoniaYear: 2007
Court: Constitutional Court
Citation: 45/2006-0-0
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health, Right to social security
The Ombudsperson of the Republic of Macedonia (the Ombudsperson) challenged a provision from the Law on Amending and Supplementing the Law on Health Insurance (the Law). The Law provided that insurees would have a right to basic health services from health facilities that had concluded a contract with the Health Insurance Fund (the Fund), but …Read more
Rechtbank ‘s Gravenhage [District Court of Gravenhage] , 26 July 2007, LJN:AY5099
Country: NetherlandsYear: 2007
Court: District Court of Gravenhage
Citation: LJN:AY5099
Health Topics: Health care and health services, Health systems and financing, Hospitals, Mental health
Human Rights: Freedom from discrimination, Right to health
Tags: Access to health care, Access to treatment, Clinics, Emergency care, Health expenditures, Health funding, Health insurance, Health spending, Immigration, Mental illness, Mental institution, Migrants, Psychiatry, Psychology, Reimbursement, Social security
Trevethick v. Ministry of Health (Decision No. 1)
Country: New ZealandYear: 2007
Court: Human Rights Review Tribunal
Citation: [2007] NZHRRT 7
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
This case concerned whether there was unlawful discrimination under New Zealand’s Human Rights Act (1993) (“HRA”), where legislation provided financial support for a disability arising from an accident, but not for a disability arising from a degenerative process or the manifestation of a disease. Ms. Trevethicks (Plaintiff) suffered from multiple sclerosis. She could only drive …Read more
Trevethick v. Ministry of Health (Decision No. 2)
Country: New ZealandYear: 2007
Court: Human Rights Review Tribunal
Citation: [2007] NZHRRT 21
Health Topics: Disabilities, Health systems and financing
Human Rights: Freedom from discrimination
This case has comes after Decision No. 1 and before the judgment of the High Court. The Plaintiff challenged the government’s interpretation of the definition of “disability” in s.21(1)(h) of the Human Rights Act (“HRA”). The New Zealand government distributed different levels of funding to people with the same types of disabilities depending on the …Read more
Afdeling Bestuursrechtspraak van de Raad van State [Administrative Jurisdiction of the Council of State], 11 October 2006, nr200600633/1, LJN:AY9897
Country: NetherlandsYear: 2006
Court: Afdeling bestuursrechtspraak van de Raad van State (Administrative Jurisdiction Department of the Council of State)
Citation: 11 October 2006, nr200600633/1, LJN:AY9897
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Medicines, Public safety, Sexual and reproductive health
According to the Benefit Entitlement Act (“BEA”), health care providers who offer medically necessary care to illegal immigrants must be compensated for their expenses. To achieve this, the BEA increased the budget of the Ministry of Health, Welfare and Sports (“the Ministry”). Instead of managing the compensation fund itself, the Ministry appointed the Foundation Koppeling …Read more