Centro Médico Segurola S.A. v. Estado Nacional
Country: ArgentinaYear: 1998
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 1042. XXXIII.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom of association, Right to development, Right to privacy, Right to property, Right to social security, Right to work
The Medical Center “Segurola S.A” (“Centro Médico Segurola S.A”) filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State, under article 43 of Argentina’s National Constitution and law 16.986. The plaintiff considered law 24.754 to be unconstitutional because in article 1 it established that the companies that provide prepaid medical …Read more
In re L (by his next friend GE)
Country: United KingdomYear: 1998
Court: House of Lords
Citation: [1998] UKHL 24
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Mr. L was a mentally retarded person who was incapable of consenting to medical treatment. From the age of 13, he had been a resident at the Bournewood Hospital which was governed by the appellant, NHS Trust. Mr. L was discharged from the hospital on a trial basis into the community with paid carers, though …Read more
Mistry v. Interim National Medical and Dental Council of South Africa, et al.
Country: South AfricaYear: 1998
Court: Constitutional Court
Citation: 1998 (7) BCLR 880 (CC), [1999] 1 LRC 49
Health Topics: Health systems and financing, Medicines
Human Rights: Right to privacy
M, a medical practitioner in private practice, had his property searched pursuant to section 28(1) of the Medicines and Related Substances Control Act, which empowered inspectors appointed by the respondent Interim National Medical and Dental Council of South Africa (“Council”) to search any premise, place, vehicle, vessel or aircraft where there was a reasonable suspicion …Read more
Andersson, Anne-Marie v. Sweden
Country: SwedenYear: 1997
Court: European Court of Human Rights
Citation: App. No. 20022/92, 25 Eur. H.R. Rep. 722 (1998).
Health Topics: Child and adolescent health, Health care and health services, Health information, Health systems and financing, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Applicant, a Swedish national who lived with her youngest son was unable to work as a result of dental problems which caused her severe pain, and anxiety about a dispute with her landlord. She contacted a psychiatric clinic in order to receive a medical certificate which would enable her to claim sickness benefit from the …Read more
Case 180838
Country: FranceYear: 1997
Court: Conseil d'État (Council of State)
Citation: N° 180838 180839 180867. , 30 April 1997
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
The national association for the ethics of liberal medicine (l’Association nationale pour l’éthique de la médecine libérale) requests the annulment of Articles 6, 11, 17, 19 and 20 of the Ordinance of 24 April 1996 on the medical control of health spending using an adjustment mechanism for medical expenses. Articles 17, 19 and 20 institute …Read more
Case 1997-020
Country: BelgiumYear: 1997
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°19967-020f, 15 April 1997
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination
The professional Union of Belgian and International Insurance Companies (“UPEA”) introduced a request to annul articles 24, 4, and 25 (the “impugned provisions”) of the law dated December 20, 1995 (the “contested law”), which pertained to mandatory healthcare and indemnity insurance. UPEA asserted that article 24, 4, of the contested law conferred to certain physician …Read more
Case 1997-033f
Country: BelgiumYear: 1997
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1997-033f, 29 May 1997
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination
Tags: Health care professionals, Health care workers, Health regulation
Joint Stock Company “Transkop”, Bitola to the Constitutional Court
Country: MacedoniaYear: 1997
Court: Constitutional Court
Citation: 77/1998-0-0
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to social security
The Joint Stock Company ‘Transkop’, Bitola (the Company), challenged two bylaws establishing conditions on the funding of treatment abroad by the Health Insurance Fund. These bylaws were the Rulebook on the conditions and manner for referring the insurees to treatment abroad (the Rulebook) and the Resolution of the Minister of Health no.02-1439/1 delivered on February …Read more
R v. Human Fertilisation and Embryology Authority, ex parte Blood
Country: United KingdomYear: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] 2 All ER 687; [1997] 2 WLR 806; [1999] Fam 151
Health Topics: Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Mr. and Mrs. Blood were married and attempting to have a family. Unfortunately, Mr. Blood contracted meningitis and went into a coma prior to any conception, so Mrs. Blood requested that doctors take sperm by electro-ejaculation while Mr. Blood was in the coma. The doctors took two different samples, and Mr. Blood passed away soon …Read more
Waldman v. The Medical Services Commission of British Columbia, et al.
Country: CanadaYear: 1997
Court: Supreme Court of British Columbia
Citation: [1997] B.C.J. No. 1793, 150 D.L.R. (4th) 405, [1998] 5 W.W.R. 9.
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to liberty and security of person, Right to work
Three doctors challenged the Medical Services Commission of British Columbia’s (“the Commission’s”) variable fee-for-service rates, which were based on province of residence and physician seniority. In 1994, the Commission enacted interim measures under which new billers (medical practitioners who applied to the Commission after February 11, 1994) were issued restricted billing numbers. New billers were …Read more