Joint Stock Company “Transkop”, Bitola to the Constitutional Court
Country: MacedoniaYear: 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
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
Kalaç v. Turkey
Country: TurkeyYear: 1997
Court: European Court of Human Rights
Citation: (1997) 27 EHRR 552
Health Topics: Health systems and financing
Human Rights: Freedom of religion, Right to social security
Kalac (K), a judge advocate and director of legal affairs for the air force, was a practicing Muslim who was permitted to pray five times a day and to perform his other religious duties, such as keeping the fast of Ramadan and attending Friday prayers at the mosque. He was one of three officers and …Read more
Nielsen v. Canada (Employment and Immigration Commission)
Country: CanadaYear: 1997
Court: Federal Court - Court of Appeal
Citation: [1997] 3 F.C. 920
Health Topics: Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life
Appellant, a federal public servant, filed a complaint with the Canadian Human Rights Commission (“the Commission”) on September 29, 1989 regarding the government’s refusal to provide dental care insurance coverage for her same-sex partner and her partner’s child. She claimed discrimination pursuant to the Canadian Human Rights Act (“the Act”) on the grounds of sex, …Read more
R v. Gloucestershire County Council and Anr., ex parte Barry
Country: United KingdomYear: 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
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
Waldman v. The Medical Services Commission of British Columbia, et al.
Country: CanadaYear: 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
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
Case 1316B/1995
Country: HungaryYear: 1996
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health
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
Kirloskar Brothers Ltd. v. Employees State Insurance Corp.
Country: IndiaYear: 1996
Court: Supreme Court
Citation: (1996) 1 SCR 884; (1996) 2 SCC 682; JT 1996 (2) 159; 1996 SCALE (2)1
Health Topics: Health systems and financing, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life
Kirloskar Brothers Ltd., the Appellant, had its registered office in Maharashtra with regional offices in Karnataka and Andhra Pradesh. The Employees State Insurance Corporation, the Respondent, required the Appellant to contribute their share for their workmen’s health insurance, as required by Section 3(9) of the Employees’ State Insurance Act, 1948 (the Act). Disputing the liability, …Read more
Macedonian Trade Union Association to the Constitutional Court
Country: MacedoniaYear: 1996
Court: Constitutional Court
Citation: 23/1996-0-0
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
The Macedonian Trade Union Association and the Trade Union of Construction, Construction Material Industry and Design of the Republic of Macedonia challenged the constitutionality of Articles 11, 16 paragraph 3 and 203-a of the Law on amending and supplementing the Law on Health Care (“the Law”). Article 11 of the Law required insured workers to …Read more
The Belgian Professional Association of Urologists, et al. v. The Council of Ministers
Country: BelgiumYear: 1996
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1996-037f, 13 June 1996
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
Article 21 of the law dated December 21, 1994 (“article 21”) changed mandatory insurance payments so as to not grant fees (or, in certain cases, to grant lesser fees) to urologists or other non-radiologists specialists for diagnostic medical imagery services. However, fees remained payable to radiologists for those same services. The Belgian Professional Association of Urologists …Read more
Case 1995-080f
Country: BelgiumYear: 1995
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1995-080f, 14 December 1995
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Freedom of association, Right to due process/fair trial, Right to property
The petitioners challenged Article 28 of the law dated March 30, 1994, which instituted a system intended to guarantee the claims of the National Institute for Health an Disability Insurance (“INAMI”) on clinical pathology laboratories. The provisions at issue “[allowed] the health treatment Service of INAMI to require insuring organizations to retain the amounts that …Read more