Case 2005-169
Country: BelgiumYear: 2005
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2005-169, 23 November 2005
Health Topics: Health systems and financing, Medicines
The lower court referred to the Constitutional Court a question as to the constitutionality of certain provisions regarding the obligatory health care and compensation insurance; the challenged provisions treated equally those pharmaceutical companies which were producing drugs of human origin and those pharmaceutical companies which were producing drugs chemically prepared or by recombination. The claimant, …Read more
Case 256001
Country: FranceYear: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°256001, 12 January 2005
Health Topics: Health care and health services, Health systems and financing, Medical malpractice
This case concerned violations of the physicians’ professional Code of Conduct and a disregard for the general nomenclature of professional acts in medicine by Mr. Gilbert X. Mr. X was sanctioned by the Social Security Section of the National Council of the College of Physicians to a four months prohibition of the right to dispense …Read more
Chaoulli v. Quebec (Attorney General)
Country: CanadaYear: 2005
Court: Supreme Court
Citation: 2005 S.C.C. 35, [2005] 1 S.C.R. 791
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to liberty and security of person, Right to life
Section 15 of the Health Insurance Act (HEIA) and s. 11 of the Hospital Insurance Act (HOIA) prohibited Quebec residents from taking out private health insurance for services covered by Quebec’s public health care plan. The two Appellants, Jacques Chaoulli and George Zeliotis, contested the validity of this prohibition. They alleged that these prohibitions deprived …Read more
Citizens for Health v. Leavitt
Country: United StatesYear: 2005
Court: 3rd Circuit Court of Appeal
Citation: 428 F.3d 167 (2005)
Health Topics: Health information, Health systems and financing
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
This case concerned a challenge to a rule promulgated by the United States Department of Health and Human Services pursuant to the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The original privacy rule “required covered entities to seek individual consent to use or disclose health information in all …Read more
Gila Louzon v. Government of Israel
Country: IsraelYear: 2005
Court: Supreme Court (sitting as the High Court of Justice)
Citation: HCJ 3071/05
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
The decision addressed three petitions with similar facts. In all three cases, the petitioners were diagnosed with cancer and prescribed a medication not included in the health services basket available under the national health care services (which was prohibitively expensive to purchase individually). By the time two of the petitions came to the Court, however, …Read more
Minister of Health and Social Services v. Lisse
Country: NamibiaYear: 2005
Court: Supreme Court
Citation: [2005] NASC 8
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to work
Dr. Lisse, a private medical practitioner, challenged the Minister of Health and Social Services’ (Minister) decision to deny him authorization to conduct surgeries at the Windhoek State Hospital. Lisse was a registered medical practitioner and specialist obstetrician and gynecologist authorized to practice under the Medical and Dental Professions Act, 1993. He opened a private practice …Read more
Minister of Health, et al. v. New Clicks South Africa (Pty.) Ltd., et al.
Country: South AfricaYear: 2005
Court: Constitutional Court
Citation: [2005] ZACC 14; 2006 (8) BCLR 872 (CC); 2006 (2) SA 311 (CC)
Health Topics: Health systems and financing, Medicines
Human Rights: Right to health
This case involved the regulation of fees for the dispensing of medicines by public and private pharmacies. The first Applicant (the Minister) had made and published the Regulations Relating to a Transparent Pricing System for Medicines and Scheduled Substances (the Regulations) under the Medicines and Related Substances Act 101 of 1965 (the Medicines Act). The …Read more
Ortiz, Ana María v. Ministerio de Salud de la Nación et. al.
Country: ArgentinaYear: 2005
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: O. 584. XXXVIII.
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 filed a guarantee of protection of individual constitutional rights (amparo protection) with the Federal First Instance Court against the Province of Buenos Aires and the State for them to provide comprehensive coverage for her sclerosis multiple treatment because she didn’t have the economic resources to afford the medicine. The State provided her 3 boxes …Read more
Pentiacova and Ors. v. Moldova
Country: MoldovaYear: 2005
Court: European Court of Human Rights
Citation: Application No. 14462/03; (2005) 40 EHRR SE23
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to life, Right to property
Applicants filed a complaint with the European Court of Human Rights alleging that the Moldovan government’s inadequate financing of hemodialysis treatments violated their right to life, caused them significant pain and suffering, and negatively affected their families’ lives. Applicants were a group of patients suffering from liver failure and receiving hemodialysis treatments. They alleged that …Read more
The Affordable Medicines Trust, et al. v. Minister of Health and Director-General of Health
Country: South AfricaYear: 2005
Court: Constitutional Court
Citation: Case CCT 27/04
Health Topics: Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to work
T, an organisation campaigning on behalf of those seeking affordable medicines in addition to promoting the rights of medical practitioners to dispense medicines to the public, together with N, an association of dispensing providers and M, a medical practitioner authorised to dispense medicines, challenged certain aspects of a licensing system governed by the Medicines and …Read more