Giuliani, Celia v. Dincros S.A.
Country: ArgentinaYear: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 221. XLVI. COM
Health Topics: Aging, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
The plaintiff, an elder woman, filed a guarantee of protection of individual constitutional rights (amparo protection) against Dincros S.A for the cessation of the health coverage that left her with no medical coverage because no other health insurance wanted to provide medical services to her and to order the incorporation to another health insurance company …Read more
H.R. v. Försäkringskassan
Country: SwedenYear: 2010
Court: Supreme Administrative Court
Citation: RÅ 2010 ref. 52, Målnummer: 1201-09
Health Topics: Health systems and financing
Human Rights: Freedom of movement and residence, Right to health, Right to social security
H.R’s partner became acutely ill during her temporary residency in Great Britain. H.R. travelled to Great Britain to support and care for her whilst she was in hospital. He was the only family member present for multiple surgeries to treat his partner’s life-threatening cancer. This required significant and costly travel for H.R. Upon returning to …Read more
Ministry of Health v. Atkinson
Country: New ZealandYear: 2010
Court: High Court
Citation: [2010] NZHC 1216
Health Topics: Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
In 2010, the New Zealand Human Rights Tribunal (the Tribunal) declared that the New Zealand government’s policy that excluded relatives of disabled persons from receiving public payments for providing home-care disability services (the Policy) was discriminatory and thus, violated s 19 of the New Zealand Bill of Rights Act (NZBoRA). The Tribunal’s declaration was challenged …Read more
Santini, Pablo José v. I.N.S.S.J.Y.P.[Instituto Nacional de Servicios Sociales para Jubilados y Pensionados] et al.
Country: ArgentinaYear: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S. 311. XLV.
Health Topics: Health care and health services, Health systems and financing, Mental health
Human Rights: Right to health, Right to life, Right to social security
The plaintiff’s grandmother filed a guarantee of protection of individual constitutional rights (amparo protection) with First Instance Civil and Commercial Court of Mar del Plata [Juzgado Civil y Comercial n°2 de Mar del Plata] to get health coverage for her grandson from the National Institute for Social Services for Retiree [I.N.S.S.J.Y.P] and the National State, …Read more
Stamen Filipov and Biljana Zhivkovska to the Constitutional Court
Country: MacedoniaYear: 2010
Court: Constitutional Court
Citation: 109/2009-0-1
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health, Right to social security
The Petitioners, Stamen Filipov and Biljana Zhivkovska, challenged a provision excluding certain health services from the Law on Health Insurance (the Law). Article 9 of the Law specified certain services that would be paid for under a compulsory health insurance scheme administered by the Health Insurance Fund (the Fund). Article 10 specified certain services that …Read more
Subasic v. Croatia
Country: CroatiaYear: 2010
Court: European Court of Human Rights
Citation: Application No. 49740/06; [2010] ECHR 604
Health Topics: Child and adolescent health, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property, Right to social security
In August 1998, Maja Šubašić, a Croatian national, gave birth prematurely to twin girls while visiting Athens. As a result, her daughters had to be hospitalized in Athens for three months. In October, the Croatian Health Insurance Fund reimbursed Mrs. Šubašić for the costs of her own medical treatment. In April 1999, however, the Fund …Read more
Wistrand v. Riksförsakringsverket
Country: SwedenYear: 2010
Court: Supreme Administrative Court
Citation: RÅ 2010 ref. 52, Målnummer: 1201-09
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom of movement and residence, Right to health, Right to work
In 1999, Mr. Wistrand, a Swedish man, obtained an alternative and promising form of rectal cancer treatment in France because this treatment was not yet available in Sweden. Upon his return in 2000, his local Social Insurance Board denied his request for compensation for his medical costs because the treatment did not occur in Sweden. …Read more
Xákmok Kásek Indigenous Community v. Paraguay
Country: ParaguayYear: 2010
Court: Inter-American Court of Human Rights
Citation: Inter-Am. Ct. H.R. (ser. C) No. 214 (Aug. 24, 2010).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Infectious diseases, Medicines, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life, Right to property
Indigenous community Xákmok Kásek brought an action against the government of Paraguay before the Inter-American Commission on Human Rights for failure to meet its international responsibility of timely granting the community members’ request in 1990 for a guarantee of their right to their ancestral lands. Because the government had failed to process their request, the …Read more
Cardona, Luisa y otros v. Summum Medicina Privada S.A.
Country: UruguayYear: 2009
Court: Fifth Civil Court of Appeals
Citation: Judgment No. 90/2009; IUE: 2-25422/2009
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services
Human Rights: Right to life, Right to social security
This case involved plaintiffs (parents of a minor) who filed a writ for protection of fundamental rights (amparo action) against a private insurance company (the defendant), claiming that their infant had a right to receive a milk substitute health supplement called Neocate, financed by the private medical insurance company. The plaintiffs waited for four months …Read more
Case 0012-09-SIS-CC, Case 0007-09-IS
Country: EcuadorYear: 2009
Court: Constitutional Court [Corte Constitutcional]
Citation: Corte Constitucional Judgment N. 0012-09-SIS-CC, Case No. 0007-09-IS, October 8, 2009.
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to social security
This case addressed an individual’s right to health care and reimbursement for health services from the National Social Security Institute (Instituto Ecuatoriano de Seguridad Social, IESS) as a type of retirement benefit. The action was specifically filed against Econ. Fernando Guijarro Cabezas, General Director of IESS. This case was filed against Ecuador’s Social Security Institute …Read more