Case 56/1995 (IX.15.) AB
Country: HungaryYear: 1995
Court: Constitutional Court
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to property
Petitioners challenged several amendments to statutes regulating employee benefit entitlements, which were inexorably connected to their social security entitlements under Hungary’s “mixed system” of social security (insurance and solidarity). The challenged amendments (1) provided that an employee was entitled to 25 sick days per year, for 5 of which she was not entitled to remuneration, …Read more
Consumer Education and Research Centre, et al. v. Union of India and Others
Country: IndiaYear: 1995
Court: Supreme Court of India
Citation: Consumer Educ. & Research Ctr. v. Union of India, 1995 S.C.C. (3) (India).
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life, Right to social security
The Consumer Education and Research Center filed several writ petitions against the State of India under Article 32 (obligation to promote social justice and welfare of the people) of the Indian Constitution regarding the protection of workers against the occupational health hazards and diseases associated with asbestos exposure. The petitioner applied for remedial measures to …Read more
R v. Cambridge Health Authority, ex parte Beckwith
Country: United KingdomYear: 1995
Court: Court of Appeal, Civil Division
Citation: [1995] 2 All ER 129 (CA); [1995] EWCA Civ 49
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Informed consent, Medicines
Human Rights: Right to health, Right to life
The child “B” had a long history of unsuccessful treatments fo her cancer. In January 1995, B suffered a further relapse of acute myeloid leukaemia. Both the doctor who oversaw B’s treatment since the initial diagnosis and the doctor who performed a prior bone marrow transplant agreed that the child had approximately six to eight …Read more
Brescia, Noemí Luján v. Ministerio de Salud de Buenos Aires et al.
Country: ArgentinaYear: 1994
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 100. XXI.
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
The plaintiff filed a suit with the Supreme Court of Justice on behalf of her father against Manuel Osvaldo Montiel(the driver of a truck), Enrique Daniel Suares (head of the medical team), the company “Dial Electromecánica”, Américo Delgado Vargas (a medical practitioner), Osvaldo Alberto Perreta (an orthopedist), and the Province of Buenos Aires to obtain liquidated …Read more
Case 537B/1994
Country: HungaryYear: 1994
Court: Alkotmánybíróság (Constitutional Court)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
Petitioner challenged the constitutionality of a portion of a decree covering the financing of health services, which included a “professional” factor in determining the amount of funding for local governments. This provided more funding for doctors with higher skills, as opposed to merely the number of years spent as a public servant or the number …Read more
Askan Das Batra v. Attorney General
Country: ZambiaYear: 1993
Court: Supreme Court
Citation: (1993-1994) Z.R. 41 (S.C.)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
The Appellant was employed by the Zambian Government as an accountant with the Ministry of Legal Affairs. Upon recommendation for further evaluation of his medical condition he travelled to the United Kingdom where he underwent elective heart surgery. He then claimed reimbursement of his medical expenses from his employer under the Conditions of Service for …Read more
R. v. Morgentaler
Country: CanadaYear: 1993
Court: Supreme Court
Citation: [1993] 2 S.C.R. 463
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to liberty and security of person
Section 251(4) of the Criminal Code of Canada (the Code) permitted abortions to be performed only at accredited hospitals and then with approval from the performing hospital’s therapeutic abortion committee. Drs. Morgentaler, Smoling, and Scott had together established an abortion clinic in Toronto to perform abortions not approved by a therapeutic abortion committee. Following public …Read more
Schuler-Zgraggen v. Switzerland
Country: SwitzerlandYear: 1993
Court: European Court of Human Rights
Citation: Application No. 14518/89, (1993) 16 EHRR 405
Health Topics: Disabilities, Health information, Health systems and financing, Infectious diseases
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to social security
Schuler (S), who had contributed to the state invalidity insurance from her wages when working, contracted tuberculosis and was granted an invalidity pension when it was determined that she was unfit for work. She gave birth to a son in 1984 and, after being required to undergo a medical examination, her pension was cancelled with …Read more
C.E.S.C. Ltd. v. Subhash Chandra Bose and Ors
Country: IndiaYear: 1991
Court: Supreme Court
Citation: 1992 AIR 573; 1991 SCR Supl. (2) 267; MANU/SC/0466/1992
Health Topics: Health systems and financing, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life
Calcutta Electricity Supply Corporation (India) Ltd. (CESC), the Appellant, engaged contractors (the Respondents), including Mr. Subhash Chandra Bose, to provide “excavation, conversion of overhead electric lines and laying of underground cables under public roads, as well as for repair and maintenance.” The Regional Director of the Employees State Insurance Corporation (ESIC) notified the Appellant that …Read more
Brooks v. Canada Safeway Ltd.
Country: CanadaYear: 1989
Court: Supreme Court
Citation: [1989] 1 S.C.R. 1219
Health Topics: Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to favorable working conditions, Right to social security
Canada Safeway Ltd. maintained a group insurance plan that included weekly benefits for loss of pay due to accident or illness. The plan excluded pregnant women from coverage during a seventeen week period before, during, and after pregnancy. During that period, the plan excluded pregnant women suffering from both pregnancy and non-pregnancy-related afflictions. For part …Read more