Chamber of Crafts to the Constitutional Court
Country: MacedoniaYear: 2010
Court: Constitutional Court
Citation: 126/2010-0-0
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Infectious diseases, Medicines, Public safety
Human Rights: Freedom from discrimination, Right to health, Right to work
The Chamber of Crafts, the petitioner, challenged a provision from the Law on Public Health (the Law) regulating the conditions under which cosmeticians could exercise their craft. The law required cosmeticians to obtain a permit from the Ministry of Health, on top of existing requirements for certification as a craftsperson. The Chamber argued that these …Read more
CISE Dispensers (U) Ltd. v. Executive Secretary, National Drug Authority
Country: UgandaYear: 2010
Court: Court of Appeal at Kampala
Citation: [2010] UGCA 38; Civil Appeal No. 20 of 2009
Health Topics: Controlled substances, Health systems and financing, Medicines
The appellant operated an Allied Professional Health Unit. On July 25, 2008, the respondent, accompanied by the police, entered the appellant’s premises where they “inspected, searched and impounded some drugs found thereon.” The respondent claimed that the premises was not licensed, arrested the appellant, and confiscated the impounded drugs. The High Court dismissed the applicant’s …Read more
H.R. v. Försäkringskassan
Country: SwedenYear: 2010
Court: Supreme Administrative Court
Citation: RÅ 2010 ref. 52, Målnummer: 1201-09
Health Topics: Health systems and financing
Human Rights: Freedom of movement and residence, Right to health, Right to social security
H.R’s partner became acutely ill during her temporary residency in Great Britain. H.R. travelled to Great Britain to support and care for her whilst she was in hospital. He was the only family member present for multiple surgeries to treat his partner’s life-threatening cancer. This required significant and costly travel for H.R. Upon returning to …Read more
Hospital Association of South Africa v. Ministry of Health, et al.
Country: South AfricaYear: 2010
Court: High Court - North Gauteng Division, Pretoria
Citation: [2010] ZAGPPHC 69; 2010 (10) BCLR 1047 (GNP); [2011] 1 All SA 47 (GNP)
Health Topics: Health information, Health systems and financing, Medicines
Human Rights: Freedom of association, Right to participation
Two cases (numbers 37505/09 and 21352/09) were consolidated by an order of the court along with this case of the Hospital Association of South Africa Ltd (number 37377/09), as they all dealt with the same issues. The Applicants sought relief in respect of the promulgation by the Minister of Health (Minister) of Regulations Relating to …Read more
Laboratorio Welt S.A s/infracción ley 16.463
Country: ArgentinaYear: 2010
Court: Supreme Court of Justice [Corte Suprema Justicia de la Nación Argentina]
Citation: L. 1301. XLI.
Health Topics: Medicines, Public safety
Human Rights: Right to property, Right to work
The National Administration of Drugs, Foods and Medical Devices [ANMAT] fined the Laboratorio Welt S.A and its director to (ARS 20 000) twenty thousands and (ARS 10 000) ten thousands Argentine pesos for violating articles 2 and 19.b of law 16.463 and article 9 from decree 150/92. The laboratory did not comply with resolution 1930/95 …Read more
Ministry of Health v. Atkinson
Country: New ZealandYear: 2010
Court: High Court
Citation: [2010] NZHC 1216
Health Topics: Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
In 2010, the New Zealand Human Rights Tribunal (the Tribunal) declared that the New Zealand government’s policy that excluded relatives of disabled persons from receiving public payments for providing home-care disability services (the Policy) was discriminatory and thus, violated s 19 of the New Zealand Bill of Rights Act (NZBoRA). The Tribunal’s declaration was challenged …Read more
Re Assisted Human Reproduction Act
Country: CanadaYear: 2010
Court: The Supreme Court of Canada
Citation: 2010 SCC 61
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
The Attorney General (AG) of Quebec challenged the constitutionality of sections 8 to 19, 40 to 53, 60, 61 and 68 of Canada’s Assisted Human Reproduction Act (the “Act”) on federalism grounds. Some of these provisions create or relate to prohibitions on human cloning and various aspects of the commercialization of reproductive materials and functions. …Read more
Stamen Filipov and Biljana Zhivkovska to the Constitutional Court
Country: MacedoniaYear: 2010
Court: Constitutional Court
Citation: 109/2009-0-1
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health, Right to social security
The Petitioners, Stamen Filipov and Biljana Zhivkovska, challenged a provision excluding certain health services from the Law on Health Insurance (the Law). Article 9 of the Law specified certain services that would be paid for under a compulsory health insurance scheme administered by the Health Insurance Fund (the Fund). Article 10 specified certain services that …Read more
Tabacalera del Este S.A., et al. v. Poder Ejecutivo s/Amparo Constitucional
Country: ParaguayYear: 2010
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).
Health Topics: Controlled substances, Environmental health, Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to health
Petitioners were a consortium of tobacco companies that filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 (Protection from exposure to tobacco smoke) and 11 (Packaging and labelling of tobacco products) of the WHO Framework Convention on Tobacco Control …Read more
Toussaint v. Canada (Attorney General)
Country: CanadaYear: 2010
Court: Federal Court
Citation: (2010) FC 810
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines, Poverty
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to health, Right to life
The applicant challenged the decision of the Citizenship and Immigration Canada’s (‘CIC’) to deny her coverage under the Interim Federal Health Program (‘IFHP’) for her medical care, hospitalization, and related expenses. At the time the applicant began seeking medical services, she was illegally in Canada; her temporary resident visa had expired, and she had not …Read more