K.H. and Others v. Slovakia
Country: SlovakiaYear: 2009
Court: European Court of Human Rights
Citation: App. No. 32881/04, 49 Eur. Ct. H.R. 34 (2009).
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life
The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more
Pannuto Martin Javier et al. v. Instituto de Obra Social de la Provincia de Entre Rios (I.O.S.P.E.R.)
Country: ArgentinaYear: 2009
Court: Civil Court of Appeal of Entre Ríos [Cámara de Apelaciones en lo Civil - Entre Ríos]
Health Topics: Health care and health services, Health systems and financing, Medicines, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life
The plaintiffs, a married couple, filed a precautionary measure against the Health Insurance of the Province of Entre Ríos to provide comprehensive coverage of the assisted reproductive treatment by intracytoplasmic sperm injection (ICSI) until the pregnancy was achieved. The co-plaintiff suffered from oligoastenozoospermia which left him infertile so they requested the health insurance company to provide coverage …Read more
R(N) (on the application of) v. Secretary of State for Health, et al.
Country: United KingdomYear: 2009
Court: Supreme Court of Judicature Court of Appeal (Civil Division)
Citation: [2009] EWCA Civ 795; Case No: C1/2008/1307
Health Topics: Health systems and financing, Hospitals, Tobacco
Human Rights: Freedom from discrimination, Right to privacy
The appellants challenged a ban on smoking at the Rampton Hospital. The smoking ban was introduced because of a policy by Nottinghampshire Health Care NHS Trust (the Trust), which banned smoking in and outside of the hospital. The Smoke-Free (Exemption & Vehicles) Regulations 2007 (the Exemption Regulation) allowed the prohibition of smoking inside, but did …Read more
Right to Life New Zealand Inc. v. Abortion Supervisory Committee (Judgment on Declaratory Relief)
Country: New ZealandYear: 2009
Court: High Court
Citation: [2009] NZHC 1215
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to life
In an earlier decision – Right to Life New Zealand Inc v the Abortion Supervisory Committee [2008] NZHC 865 – the presiding judge reserved his opinion on whether he ought to order declaratory relief in favour of the applicant, Right to Life New Zealand Inc (RTL). In that case RTL successfully argued that the respondent, …Read more
Torrillo, Atilio Amadeo et al. v. Gulf Oil Argentina S.A. et al.
Country: ArgentinaYear: 2009
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: T. 205. XLIV.
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to favorable working conditions, Right to health
The Plaintiffs, parents of a worker who died in a fire at his workplace, sued their son´s employer for damages. They alleged that the employer had not implemented appropriate measures to deal with situations of emergency such as the fire that caused their son’s death. The lower court accepted the claim of the Plaintiffs, awarding …Read more
Wong v. Commonwealth
Country: AustraliaYear: 2009
Court: High Court
Citation: (2009) 236 CLR 573; [2009] HCA 3
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to favorable working conditions, Right to health, Right to social security, Right to work
Wong and Selim were “vocationally registered general practitioner(s)” within s 3F of the Health Insurance Act 1973 (Cth) (the Act). Both were found to have engaged in “inappropriate practice” by a Professional Services Review Committee (the Committee) established under Pt VAA (ss 80-106ZR) of the Act. The effect of the Committee’s findings was to require …Read more
Case 1157/2007-II
Country: MexicoYear: 2008
Court: District Court of the State of Guerrero
Citation: Juzgado del Distrito de Guerrero [JD] [District Court of Guerrero], J.A.IA. 1157/2007-II (Mex.). (Mini Numa Community v. Secretary of Health, et al.)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Right to health, Right to life, Right to social security
Mini Numa is an indigenous rural community located in the state of Guerrero, Mexico, composed of a population of 270 and whose closest medical center is four kilometers/one hour away in Metlatónoc, Guerrero. The regulations for the construction of a medical center in Guerrero required that the community hold at least 2500 to 3000 inhabitants …Read more
Case 2005 (A) 947
Country: JapanYear: 2008
Court: Supreme Court [Saikō Saibansho]
Citation: Case No. 2005 (A) 947
Health Topics: Health systems and financing, HIV/AIDS, Medical malpractice
This case concerned whether the accused, the Director of the Biologics and Antibiotics Division of the Pharmaceutical Affairs Bureau of the Ministry of Health and Welfare, could be held criminally negligent after a patient was given unheated blood products contaminated with HIV and later died of AIDS. The victim was a hemophiliac patient at Osaka …Read more
Case SK 16/071
Country: PolandYear: 2008
Court: Constitutional Tribunal
Health Topics: Health information, Health systems and financing, Medical malpractice
Human Rights: Freedom of expression, Right of access to information
The complainant’s principle allegation was that the portion of Article 52(2) of the Code of Medical Ethics (the “Code”) that read “a physician shall not discredit another physician publicly in any way whatsoever” violated the freedom of expression guaranteed in Article 54 of the Constitution of the Republic of Poland (the “Constitution”). The complainant was …Read more
Case T-760/08
Country: ColombiaYear: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Segunda de Revisión julio 31, 2008, M.P.: Manuel José Cepeda Espinoza, Sentencia T-760/08 (Colom.).
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to due process/fair trial, Right to health, Right to life, Right to social security
In 1993, Colombia passed Law 100, a broad national healthcare reform act that attempted to improve delivery of health services in Colombia by utilizing public and private insurers (“Health Promoting Entities,” or EPSs) as substitutes to purchase health care for insured patients. To this end, the law established a two-tier system of benefits: (1) a …Read more