A. & Ors. v. Denmark
Country: DenmarkYear: 1996
Court: European Court of Human Rights
Citation: App. No. 20826/92, 22 Eur. H.R. Rep. 458 (1996).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice
Human Rights: Right to due process/fair trial
The applicants were Danish citizens infected with HIV through State administered blood transfusions, who filed a violation of Article 6 of the Convention (right to court) claim. Eight of the applicants were victims and two were relatives of victims, who through frequent blood transfusions at Danish Hospitals were infected with HIV. The eight applicants/victims joined …Read more
Macedonian Trade Union Association to the Constitutional Court
Country: MacedoniaYear: 1996
Court: Constitutional Court
Citation: 23/1996-0-0
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
The Macedonian Trade Union Association and the Trade Union of Construction, Construction Material Industry and Design of the Republic of Macedonia challenged the constitutionality of Articles 11, 16 paragraph 3 and 203-a of the Law on amending and supplementing the Law on Health Care (“the Law”). Article 11 of the Law required insured workers to …Read more
R v. Wandsworth London Borough Council, ex parte Beckwith
Country: United KingdomYear: 1996
Court: House of Lords
Citation: [1996] 1 ALL ER 129
Health Topics: Aging, Health systems and financing
Human Rights: Right to housing, Right to social security
Mr. Beckwith was a 75 year old resident of the George Potter Home, which was one of the four residential care homes for the elderly in the London Borough of Wandsworth. The borough’s council (the Council) had decided to transfer the other three homes into private ownership and to close down George Potter Home altogether. …Read more
The Belgian Professional Association of Urologists, et al. v. The Council of Ministers
Country: BelgiumYear: 1996
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1996-037f, 13 June 1996
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
Article 21 of the law dated December 21, 1994 (“article 21”) changed mandatory insurance payments so as to not grant fees (or, in certain cases, to grant lesser fees) to urologists or other non-radiologists specialists for diagnostic medical imagery services. However, fees remained payable to radiologists for those same services. The Belgian Professional Association of Urologists …Read more
Case 1995-047f
Country: BelgiumYear: 1995
Court: La Cour d'arbitrage [The Court of Arbitration]
Citation: C. C., n°1995-045f, 6 June 1995
Health Topics: Health care and health services, Health systems and financing
The petitioners were challenging a provision of a law that required the King to authorize every emergency medical training center in each province, where he would determine the “rules for organization and function and monitoring of the centers as well as the method for training and development”. They cited to article 128 of the Constitution, …Read more
Case 1993-017f
Country: BelgiumYear: 1993
Court: Court Constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1993-017f, 4 March 1993
Health Topics: Chronic and noncommunicable diseases, Health information, Health systems and financing, Tobacco
This case considered whether Article 7 §2 of the law dated January 24, 1977 (“Article 7 §2”) from the Belgian Federal Parliament (governing the protection of consumer health with respect to nutritional foodstuff) or Article 13 of the decree dated December 2, 1982 (“Article 13”) from the Council of the French Community (restricting certain advertising …Read more
R. v. Morgentaler
Country: CanadaYear: 1993
Court: Supreme Court
Citation: [1993] 2 S.C.R. 463
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to liberty and security of person
Section 251(4) of the Criminal Code of Canada (the Code) permitted abortions to be performed only at accredited hospitals and then with approval from the performing hospital’s therapeutic abortion committee. Drs. Morgentaler, Smoling, and Scott had together established an abortion clinic in Toronto to perform abortions not approved by a therapeutic abortion committee. Following public …Read more
R. v. Morgentaler
Country: CanadaYear: 1988
Court: Supreme Court
Citation: [1988] 1 S.C.R. 30
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to liberty and security of person, Right to life
Section 251(4) of the Criminal Code of Canada (the Code) permitted abortions to be performed only at accredited hospitals and then with approval from the performing hospital’s therapeutic abortion committee. Drs. Morgentaler, Smoling, and Scott had together established an abortion clinic in Toronto to perform abortions not approved by a therapeutic abortion committee. Following public …Read more
Multnomah County Medical Society v. Scott
Country: United StatesYear: 1987
Court: 9th Circuit Court of Appeals
Citation: 825 F.2d 1410 (1987)
Health Topics: Health information, Health systems and financing
Human Rights: Right to privacy
The Multnomah County Medical Society (the Medical Society) filed an action under § 552 of the Freedom of Information Act 1966 (FOIA) to compel James Scott, the deputy administrator of the Health Care Financing Administration (HCFA) tasked with the administration of the State Medicare program, to disclose the names and addresses of all Medicare beneficiaries …Read more
Feldbrugge v. The Netherlands
Country: NetherlandsYear: 1986
Court: European Court of Human Rights
Citation: App. No. 8562/79, 8 Eur. H.R. Rep. 425 (1986).
Health Topics: Health care and health services, Health systems and financing, Occupational health
Human Rights: Right to due process/fair trial
The applicant (Mrs. Feldbrugge), a Netherlands citizen, was removed from sickness benefits she had been receiving through health insurance because a medical examination had shown that she was again fit to work. Upon taking her case to the Appeals Board, the President ruled against her based on the medical testimony of the Board’s medical staff. …Read more