Case RE 399664/SP
Country: BrazilYear: 2007
Court: Federal Supreme Court
Citation: Recurso Extraordinario, RE 399664/SP, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Health care and health services, Health systems and financing, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
A Chief of Police contracted Hepatitis C while intervening in the attempted suicide of a prisoner. The the Court of Justice of São Paulo held that the state and its health system were responsible for providing him, an individual in financial need, with medications to treat his Hepatitis C. The State of São Paulo filed an extraordinary …Read more
Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland
Country: United KingdomYear: 2007
Court: European Court of Justice
Citation: Case C-127/05, Comm'n v. U.K., 2007 E.C.R. I-4619.
Health Topics: Health systems and financing, Occupational health
Human Rights: Right to health
The Commission of the European Communities (Commission) brought an action against the United Kingdom for a declaration that provisions of section 2(1) of the UK Health and Safety at Work etc. Act 1974 (Act), read in conjunction with sections 33 and 47 of that Act, permitted the United Kingdom to negate its obligations under Article …Read more
L. v. Lithuania
Country: LithuaniaYear: 2007
Court: European Court of Human Rights
Citation: App. No. 27527/03, 46 Eur. H.R. Rep. 22 (2008).
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life, Right to privacy
The applicant was registered as female at birth in 1978 but regarded himself as a male from an early age. In 1997 he sought medical advice and was diagnosed as transgendered. Lithuania adopted Article 2.27 § 2 of the Civil Code, which provided that unmarried adults had the right to undergo medically endorsed gender reassignment …Read more
Lawrence v. Pembrokeshire County Council
Country: United KingdomYear: 2007
Court: Court of Appeal
Citation: [2007] EWCA Civ 446
Health Topics: Child and adolescent health, Health systems and financing
Human Rights: Right to family life
Following visits from Pembrokeshire County Council’s Child Protection Team (“CPT”), in 2002, L’s children were placed on the Child Protection Register as being at risk of emotional harm from her and their father. The children remained on the Register for two months. L brought a claim against P under sections s 6 and 7(1)(a) of …Read more
R. A., D. v. Estado Nacional et al.
Country: ArgentinaYear: 2007
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: R. 350. XLI.
Health Topics: Disabilities, Health care and health services, Health systems and financing
The plaintiff’s mother filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State for the discriminatory treatment of a Bolivian girl with a disability. The girl was born in Bolivia and migrated to Argentina. She requested a pension from the National State because of her disability. The National Social Security …Read more
Rabia Bhuiyan MP v. Ministry of Local Government and Rural Development, et al.
Country: BangladeshYear: 2007
Court: Supreme Court - High Court Division
Citation: 59 DLR (AD) (2007)
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life
The Appellant, a former Member of Parliament, filed a writ petition in the High Court of Bangladesh against the Government and other public authorities for their failure to comply with the Environment Conservation Act 1995 and the Environment Conservation Rules 1997. The petition alleged that there was widespread arsenic contamination in tube wells across the …Read more
Trevethick v. Ministry of Health (Decision No. 2)
Country: New ZealandYear: 2007
Court: Human Rights Review Tribunal
Citation: [2007] NZHRRT 21
Health Topics: Disabilities, Health systems and financing
Human Rights: Freedom from discrimination
This case has comes after Decision No. 1 and before the judgment of the High Court. The Plaintiff challenged the government’s interpretation of the definition of “disability” in s.21(1)(h) of the Human Rights Act (“HRA”). The New Zealand government distributed different levels of funding to people with the same types of disabilities depending on the …Read more
Affordable Medicines Trust, et al. v. Minister of Health, et al.
Country: South AfricaYear: 2006
Court: Constitutional Court
Citation: 2006 (3) SA 247 (CC); 2005 (6) BCLR 529 (CC)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health, Right to work
In this constitutional challenge, the Applicants, including the Affordable Medicines Trust, applied for leave to appeal directly to the Constitutional Court an order of the High Court, which dismissed their constitutional challenge of certain aspects of a Government licensing scheme. The licensing scheme provided that health care providers, such as medical practitioners and dentists, could …Read more
Byrzykowski v. Poland
Country: PolandYear: 2006
Court: European Court of Human Rights
Citation: Application No. 11562/05
Health Topics: 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 life
Applicant, a Polish national, claimed violations of Articles 2 (right to life) and 6 (timely investigation) of the European Convention on Human Rights (ECHR) when he was unable to convince authorities to investigate potential mistreatment of his wife, who fell into a coma and died during labor after receiving an epidural. Following the wife’s death, …Read more
Case 2-A-216-1/06
Country: UkraineYear: 2006
Court: Pecherskyi District Court
Citation: No. 2-A-216-1/06
Health Topics: Health information, Health systems and financing
Human Rights: Right to privacy
Plaintiff Svitlana Yuriyivna Poberezhets challenged the Order “On Approving the Form and Technical Description of a Medical Certificate and the Instructions for Filling In the Medical Certificate,” which required health care institutions to include information regarding a person’s initial and final medical diagnosis, and their associated medical codes, on a person’s medical certificate. The medical …Read more