K., C. N. v. OSECAC
Country: ArgentinaYear: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: K. 12. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights protection (amparo protection) against the Health Insurance of Commerce and Civil Activities Employees (Obra Social de los Empleados de Comercio y Actividades Civiles – OSECAC) to condemn coverage of all expenditures that could arise from reproductive assisted therapy in the egg donation process. The First …Read more
Mollanco, Marta Ofelia et al. v. Unión Personal
Country: ArgentinaYear: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 1196. XLVII
Health Topics: Aging, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health, Right to life, Right to social security
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance “Unión Personal” to reestablish her as an retired affiliate of the health insurance based on article 10.h of Law 23.660. She had been a beneficiary during 20 years for being the spouse of the main affiliate. When her …Read more
Fernández, Damiana v. PROFE Salud et al.
Country: ArgentinaYear: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 677. XLVIII.
Health Topics: Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) to the First Instance Labor Court of La Plata [Tribunal del Trabajo n 3 del Departamento Judicial de La Plata] against the responsible of the Federal Program of Health [PROFE Salud] to provide health coverage. The First Instance Labor Court of La Plata …Read more
Gómez, Carmen Diana v. Programa Federal de Salud
Country: ArgentinaYear: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 713. XLVIII.
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) with Federal First Instance Court of La Plata [Juzgado Federal Instancia n° 2 de La Plata] against the responsible of the Federal Program of Health [PROFE Salud] to provide health coverage for her underage son who suffered from sensorineural deafness. The Federal …Read more
González, Raúl Osvaldo v. Programa Incluir Salud (PROFE) – Ministerio de Salud de la Provincia de Buenos Aires
Country: ArgentinaYear: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 53 .XLIX.
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health of Buenos Aires for it to provide a cardioverter defibrillator and cardiac resynchronisation that was prescribed for his disease (dilated cardiomyopathy), and at the same time filed for a precautionary measure so the cardioverter defibrillator and cardiac …Read more
M., M. R. v. PROFE Ministerio de Salud
Country: ArgentinaYear: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 576. XLIX.
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health, Right to life
The plaintiff brought the case with First Instance Civil and Commercial Court of San Martín [Juzgado de Primera Instancia en lo Civil y Comercial N°7 de San Martín] against the provincial executive organ of the Federal Program of Health [PROFE Salud] to provide coverage and prescribed medicines she needed for her strict treatment for her systemic …Read more
Mellet v. Ireland
Country: IrelandYear: 2013
Court: Human Rights Committee
Citation: CCPR/C/116/D/2324/2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Health systems and financing, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to health, Right to privacy
The author of the communication stated that she became pregnant in 2011 and in her 21st week, she was informed that the foetus had congenital heart defects. She was further informed that the impairment might prove to be fatal. However the hospital told her that abortion was not possible in the current jurisdiction (Ireland) and …Read more
T., J. C. v. Ministerio de Salud
Country: ArgentinaYear: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 881. XLVIII.
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
The plaintiff filed a precautionary measure with First Instance Family Court of La Matanza [Juzgado de Familia N° 7 de La Matanza] against the Ministry of Health of the province of Buenos Aires for it to provide health care and radiation treatment for her disease. The provincial court held that it lacked competence to solve …Read more
Cipla Medpro Ltd. v. Aventis Pharma SA
Country: South AfricaYear: 2012
Court: Supreme Court of Appeal
Citation: Case No: 139/2012 and Case No: 138/2012; [2012] ZASCA 108
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines
Human Rights: Right to health
Aventis, a pharmaceutical company, applied for a preliminary injunction against infringement of its patent on its cancer drug Taxotere in order to restrain Cipla, an Indian pharmaceutical company, from importing, manufacturing or selling Cipla’s generic equivalent of the drug. Prior to this, Cipla had applied for revocation of Aventis’ amended patent on a number of …Read more
National Federation of Independent Business v. Sebelius
Country: United StatesYear: 2012
Court: Supreme Court
Citation: 132 S. Ct. 2566 (2012)
Health Topics: Health care and health services, Health systems and financing, Poverty
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to property
After significant political struggles, the US Congress enacted the Patient Protection and Affordable Care Act in 2010. This act had two components, 1) it obligated individuals to maintain “‘minimum essential’ health insurance coverage” through an individual mandate, 2) it contained an expansion of the federal Medicaid program that is run by US states. The constitutionality …Read more