Case 2009-12-03
Country: LatviaYear: 2010
Court: Constitutional Court
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
The applicant, G.Z. was diagnosed with Gaucher’s disease at the age of three. Gaucher’s disease was a rare disease which can only be successfully treated with the drug Cerezyme. If the disease was not treated, it could result in early death. G.Z’s parents claimed 100% reimbursement of the purchase costs of Cerezyme on G.Z’s behalf. …Read more
Case 2010-2 QPC
Country: FranceYear: 2010
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2010-2 QPC, June 11th 2010
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to social security
The QPC (Question prioritaire de constitutionnalité) process was created in France in 2008. It allows for preliminary rulings on the conformity of a legal provision with the Constitution. This disposition challenged the 2002 law (Paragraph I of section 1 of the Act of March 4th 2002) that states “No one shall claim he has sustained …Read more
Case 2605-2009
Country: GuatemalaYear: 2010
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 2605-2009, January 5, 2010
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to due process/fair trial, Right to health, Right to life, Right to social security
This case was an appeal of a constitutional protection (amparo) action before the Constitutional Court filed by the Public Defender of Human Rights, acting on behalf of Luisa Fernanda Morales Tumax, against the Board of Directors of the Guatemalan Institute of Social Security. The patient, a minor, received a kidney transplant in 2000, when she …Read more
Case 4111-2009
Country: GuatemalaYear: 2010
Court: Constitutional Court [Corte Constitucional]
Citation: Corte Constitucional Case No. 4111-2009, January 28, 2010.
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to social security
This case was an appeal of a constitutional protection (amparo) action before the Constitutional Court filed by the Public Defender of Human Rights, acting on behalf of Maritza Ninnette Cuellar Morales, against the Board of Directors of the Guatemalan Social Security Administration. The Board denied the claimant medical coverage for her spinal condition, based on …Read more
Case 838
Country: RomaniaYear: 2010
Court: Constitutional Court
Citation: Decision No. 838 of 24 June 2010
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person
An explanatory statement challenged certain provisions of the Law No. 95/2006 on the Health Sector Reform (the “Health Law”) and the Governmental Ordinance No. 92/2003 on the Tax Procedure Code (the “Government Ordinance”) as being unconstitutional under the Romanian constitution (the “Constitution). These provisions provided for mandatory social security contributions and “[a]lthough allowing the functioning …Read more
Case 857/B/2005 AB
Country: HungaryYear: 2010
Court: Constitutional Court
Health Topics: Aging, Health systems and financing
Human Rights: Right to health, Right to social security
Petitioner sought a declaration that a certain provision of a government decree regulating minimum pension amounts was unconstitutional because it (a) regulated a fundamental right which could only be done by statute and (b) provided a social security benefit too low to maintain human dignity, which was guaranteed by the Constitution.
Case A42561808
Country: LatviaYear: 2010
Court: Supreme Court
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines
G.Z., the applicant, was diagnosed with type 1 Gaucher’s disease. The only treatment is a medication, Imiglucerase, which was not in the list of the State Reimbursed Medicines but is on the European Medicines Agency list of registered medicines. G.Z. brought a claim to fully compensate the purchase costs (LVL 81,900) of the medication against …Read more
Case III SA/Kr 148/10
Country: PolandYear: 2010
Court: Wojewódzki Sąd Administracyjny w Krakowie [Voivodeship Administrative Court – Krakow]
Citation: Case file No. III SA/Kr 148/10
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
The plaintiff lost his unemployed person status for three months due to his failure to appear at the Labor office on an appointed date and for not providing a reason afterwards for his missed appointment. He missed the appointment because he was confused about the appointment date. Losing his unemployment status resulted in him losing …Read more
Case T-974/10
Country: ColombiaYear: 2010
Court: Constitutional Court
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Séptima de Revisión de Tutelas noviembre 30, 2010, M.P.: Jorge Ignacio Pretelt Chaljub, Sentencia T-974/10 (Colom.).
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Mental health, Poverty
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to education, Right to health
The applicant, a Colombian woman, tutela action (appeal for legal protection) on behalf of her daughter against EPS Coomeva, a health care provider in Colombia. The child was diagnosed with cognitive disabilities, which required, according to the Fundación Integrar de Medellín, an institution specialized in the care of patients, that the child receive special education …Read more
Centrale Raad van Beroep [Central Appeals Tribunal], 20 October 2010, LJN:BO3581
Country: NetherlandsYear: 2010
Court: Central Administrative Tribunal
Citation: Centrale Raad van Beroep, 20 October 2010, LJN BO3581, 09/365 AWBZ & 09/3626 AWBZ
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Mental health
Human Rights: Right to education, Right to privacy, Right to social security
A., a boy born in the Netherlands to a Nigerian immigrant mother, was diagnosed with an autistic disorder and an intellectual deficiency. As a result, A. required counseling programs as a supplement to traditional schooling by the Dutch Care Needs Assessment Centre (“CAC”). A. made a request for a residence permit under the Dutch Aliens …Read more