B v. Waitemata District Health Board
Country: New ZealandYear: 2013
Court: High Court
Citation: [2013] NZHC 1702
Health Topics: Health systems and financing, Hospitals, Mental health, Tobacco
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to privacy
In this case applicants argued that the no-smoking policy of the Waitemata District Health Board (WDHB)and the consequent prohibition of smoking in hospitals and surrounding grounds violated their right not to be subjected to torture or cruel treatment, the right to be treated with humanity, the right to respect private life, and the right to …Read more
Fernández, Damiana v. PROFE Salud et al.
Country: ArgentinaYear: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 677. XLVIII.
Health Topics: Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) to the First Instance Labor Court of La Plata [Tribunal del Trabajo n 3 del Departamento Judicial de La Plata] against the responsible of the Federal Program of Health [PROFE Salud] to provide health coverage. The First Instance Labor Court of La Plata …Read more
Gómez, Carmen Diana v. Programa Federal de Salud
Country: ArgentinaYear: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 713. XLVIII.
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) with Federal First Instance Court of La Plata [Juzgado Federal Instancia n° 2 de La Plata] against the responsible of the Federal Program of Health [PROFE Salud] to provide health coverage for her underage son who suffered from sensorineural deafness. The Federal …Read more
González, Raúl Osvaldo v. Programa Incluir Salud (PROFE) – Ministerio de Salud de la Provincia de Buenos Aires
Country: ArgentinaYear: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 53 .XLIX.
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health of Buenos Aires for it to provide a cardioverter defibrillator and cardiac resynchronisation that was prescribed for his disease (dilated cardiomyopathy), and at the same time filed for a precautionary measure so the cardioverter defibrillator and cardiac …Read more
M., M. R. v. PROFE Ministerio de Salud
Country: ArgentinaYear: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 576. XLIX.
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 brought the case with First Instance Civil and Commercial Court of San Martín [Juzgado de Primera Instancia en lo Civil y Comercial N°7 de San Martín] against the provincial executive organ of the Federal Program of Health [PROFE Salud] to provide coverage and prescribed medicines she needed for her strict treatment for her systemic …Read more
Mellet v. Ireland
Country: IrelandYear: 2013
Court: Human Rights Committee
Citation: CCPR/C/116/D/2324/2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Health systems and financing, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to health, Right to privacy
The author of the communication stated that she became pregnant in 2011 and in her 21st week, she was informed that the foetus had congenital heart defects. She was further informed that the impairment might prove to be fatal. However the hospital told her that abortion was not possible in the current jurisdiction (Ireland) and …Read more
Suarez Peralta v. Ecuador
Country: EcuadorYear: 2013
Court: Inter-American Court of Human Rights
Citation: Series C, No. 261, May 21, 2013
Health Topics: Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to health
On June 28, 2000, Melba Suarez Peralta visited Dr. Emilio Guerrero Gutierrez as a result of abdomen pain, vomits, and fever. She was diagnosed with chronic appendicitis and informed she needed surgery. Three days later, she visited Guerrero in a private clinic and underwent appendix surgery performed by Dr. Jenny Bohorquez and assisted by Guerrero. …Read more
T., J. C. v. Ministerio de Salud
Country: ArgentinaYear: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 881. XLVIII.
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
The plaintiff filed a precautionary measure with First Instance Family Court of La Matanza [Juzgado de Familia N° 7 de La Matanza] against the Ministry of Health of the province of Buenos Aires for it to provide health care and radiation treatment for her disease. The provincial court held that it lacked competence to solve …Read more
Thompson, et al. v. Ontario
Country: CanadaYear: 2013
Court: Ontario Superior Court of Justice
Citation: 2013 ONSC 5392
Health Topics: Health care and health services, Health systems and financing, Mental health, Public safety
Human Rights: Freedom from discrimination, Right to life
The Court examined the constitutionality of Brian’s Law, which was passed in 2000 after a man named Brian Smith was fatally shot by an untreated schizophrenic. The law included expanded committal criteria and allowed for involuntary admission for individuals who had experienced “substantial mental deterioration,”even if they were not necessarily a danger to others. In …Read more
Laidlow v The Minister of Citizenship and Immigration
Country: CanadaYear: 2012
Court: Federal Court
Citation: (2012) FC 144
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to health, Right to life
The applicant was a citizen of Saint Vincent and the Grenadines who entered Canada on a visitor visa, and remained in Canada illegally after his visa had expired. During this time, he was hospitalized after losing his eyesight and memory. He was diagnosed with a benign tumor affecting his brain and pituitary gland. The tumor …Read more