Case SU-1167/01
Country: ColombiaYear: 2001
Court: Constitutional Court
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to social security
Doris Fabiola Reinoso Barroso was the daughter of Esteban Reinoso (the Plaintiff) a Colombian Petroleum Company (the Respondent) pensioner, who enjoyed medical assistance services covered by the Respondent. Although she was an adult, Ms. Barroso was listed as a beneficiary of the Plaintiff on these medical assistance services, as her paranoid schizophrenia meant that she …Read more
Case SU-623/2001
Country: ColombiaYear: 2001
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health, Right to social security
Cesar Augusto Medina Lopera (the Plaintiff) requested the Health Security Company Comfenalco (H.S.C, the Respondent), to affiliate him to the Social Security System in Health as beneficiary of his life partner, Jairo Castaño Suescún, who was a contributor to this H.S.C. The Respondent denied the affiliation and argued that, in accordance with Colombian Political Constitution, …Read more
Etcheverry, Roberto Eduardo v. Omint Sociedad Anónima y Servicios
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: E. 34. XXXV
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life
The Petitioner, Roberto Eduardo Etcheverry, worked for ISC Bunker Ramos S.A between April 1992 and June 1993, and was formally employed by them until 1997. During his employment, he was a member of Omint, a health insurance company. His coverage with Omint was paid for by ISC Bunker Ramos under an unwritten arrangement. ISC Bunker …Read more
Hospital Británico de Buenos Aires v. Estado Nacional (Ministerio de Salud y Acción Social)
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: H. 90. XXXIV
Health Topics: Controlled substances, Health care and health services, Health systems and financing, HIV/AIDS
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to property
Hospital Británico de Buenos Aires, a private health service provider, filled a guarantee of protection of individual constitutional rights (amparo protection) against the Federal State requiring the judiciary to declare that the National Act 24.754 was contrary to articles 14, 17, 28 and 33 of the National Constitution. The law obliged private health service providers …Read more
Joined Cases of Geraets-Smits and Peerboom
Country: NetherlandsYear: 2001
Court: European Court of Justice
Citation: C-157/99
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom of movement and residence, Right to social security
In the Netherlands, the sickness insurance scheme was based principally on the Law on Sickness Funds (the “ZFW”), the Law on General Insurance for Special Sickness Costs and the Law on Access to Sickness Insurance. Such insurance scheme required prior authorization for treatment which was not carried out by a contracted provider; almost all contracted …Read more
Case 2000-136f
Country: BelgiumYear: 2000
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2000-136f, 21 December 2000
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to property
Tags: Access to health care, Budget, Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health regulation, Out-of-pocket expenditures, Private hospitals, Public hospitals, Reimbursement, Social security, Subsidies, Underprivileged
Case 687/2000-R
Country: BoliviaYear: 2000
Court: Constitutional Tribunal of Bolivia [Tribunal Constitucional de Bolivia]
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
After her body rejected a kidney transplant, Rocio Mercadeo Zimerman began hemodialysis treatment with the National Health Fund (the “Fund”) on June 6, 1995. The treatment was authorized to continue for one year, but was discontinued on May 18, 1996 after Zimerman’s health was stabilized because of a new, successful kidney transplant. In March of …Read more
Longueira, Jorge Florencio s/amparo
Country: ArgentinaYear: 2000
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the health insurance company which covers her son to compel them to perform a high complexity surgery. The health insurance company argued that it wouldn’t cover the surgery because it was not included in the healthcare, and that the plaintiff should …Read more
Case 99-416 DC
Country: FranceYear: 1999
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°99-416 DC, 23 July 1999
Health Topics: Health systems and financing, Poverty
Human Rights: Right to health, Right to liberty and security of person, Right to privacy, Right to social security
The constitutionality of law n° 99-641 of July 23, 1999 Loi portant création d’une couverture maladie universelle (Act Creating Universal Health Coverage), was challenged in the Conseil Constitutionnel. The Act was structured as follows: Article 1 created universal health insurance, guaranteeing everyone care under a health insurance scheme. Low income earners were given the right …Read more
Case T-209/99
Country: ColombiaYear: 1999
Court: Constitutional Court [Corte Constitucional]
Citation: Constitutional Court, Fourth Revision Chamber, April thirteen (13) ninty ninty nine (1999), Magistrate Dr. CARLOS GAVIRIA DÍAZ, Ruling T-209/99.
Health Topics: Health care and health services, Health systems and financing, Mental health
Human Rights: Right to bodily integrity, Right to family life, Right to health, Right to life, Right to social security
This joint appeal involved two cases wherein mentally ill individuals were released from psychiatric hospitals into the care of their families. In File 152.647, Jorge Sandro Hernandez Tacuri had been repeatedly admitted into psychiatric hospitals because he suffered from a variety of mental psychosis, including schizophrenia and epilepsy. After treatment in the psychiatric hospital, Jorge …Read more