Van Kück v. Germany
Country: GermanyYear: 2003
Court: European Court of Human Rights
Citation: Application No. 35968/97; (2003) 37 EHRR 51
Health Topics: Health care and health services, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
The applicant was registered as a male at birth. In 1991, The District Court granted the applicant’s request to change her forenames to Carola Brenda after hearing from several psychiatric and psychological experts who determined that the applicant was a male-to-female transsexual and had been for the last three years living as a female. In …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
Case 2002-026f
Country: BelgiumYear: 2002
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2002-026f, 30 January 2002
Health Topics: Health systems and financing, Medical malpractice
Human Rights: Freedom from discrimination, Right to due process/fair trial
A medical provider was accused of having provided unnecessary medical services paid for by the mandatory healthcare and benefits insurance regime of Belgium, in violation of Article 73 of the Law relating to mandatory healthcare and benefits insurance (“Healthcare Law”), which prohibited the provision of unnecessarily expensive or superfluous services. The medical provider contested the …Read more
Nitecki v. Poland
Country: PolandYear: 2002
Court: European Court of Human Rights
Citation: Application No. 65653/01
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
Applicant Mr. Zdzislaw Nitecki was a Polish national diagnosed with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, in 1976. In June 1999, he was prescribed the drug Rilutek to treat his ALS. He appealed to the Kujawsko-Pomorski Health Insurance Fund (“Fund”) to reimburse his out-of-pocket costs, noting that, as a pensioner, he …Read more
Paulini, Héctor Daniel et al. v. Provincia de Buenos Aires et. al.
Country: ArgentinaYear: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 952. XXXVIII.
Health Topics: Child and adolescent health, Disabilities, Health care and health services
Human Rights: Right to health, Right to social security
The plaintiffs filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance of the Province of Buenos Aires (IOMA), and subsequently, the Province of Buenos Aires and the National State to provide health coverage for their underage son who was disabled. The plaintiffs argued that as the health insurance company …Read more
Ramos, Marta Roxana, et al. v. Province of Buenos Aires, et al.
Country: ArgentinaYear: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 12/3/2002, "Ramos, Marta Roxana y otros c/ Buenos Aires, Provincia de y Otros s/Amparo," (R. 1012. XXXVI) (Arg.).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to development, Right to education, Right to food, Right to health, Right to housing, Right to social security
Woman living in extreme poverty brought an action against the Ministry of Social Development and Environment of the Nation, the Province of Buenos Aires, and Hospital of Pediatrics Profesor Juan P. Garrahan on behalf of her eight children and herself, seeking, among others, the protection of their rights to food, health, education, and housing; the …Read more
Álvarez, Oscar Juan v. Province of Buenos Aires et al.
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A.304.XXXVII
Health Topics: Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health
Oscar Álvarez, a 46 year old man who was disabled, unable to work and facing economic difficulties, filed an guarantee of protection of individual constitutional rights (amparo protection) against the Province of Buenos Aires and the National State. The plaintiff stated that he suffered from paralysis, both for congenital reasons and as a result of an accident. …Read more
Capizzano de Galdi, Concepción v. I.O.S [Instituto de Obra Social]
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 646. XXXVI.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
The plaintiff, Maria Constantina Capizzano de Galdi, filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Welfare Institute (“Instituto de Obra Social”) in order to restore the medical service that was no longer offered to her. The plaintiff’s medical services were suspended by the respondent by a resolution for failure …Read more
Case 2001-020f
Country: BelgiumYear: 2001
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2001-020f, 1st March 2001
Health Topics: Health systems and financing
The Union of Belgian Medical Specialists requested the annulment of certain Belgian laws passed in 1998 regarding medical costs and insurance.
Case 2001-133f
Country: BelgiumYear: 2001
Court: Cour d'arbitrage [Constitutional Court of Belgium]
Citation: C. C., n°2001-133f, 30 October 2001
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to due process/fair trial
The National Institute for Health and Disability Insurance’s Medical Control Service asked the Court of Arbitration a preliminary question on articles 141, 146 and 156 of the Law relating to mandatory healthcare and benefits insurance (“Law”), concerning their potential violation of articles 10 and 11 of the Belgian Constitution, and correspondingly, of article 6 of …Read more