Minister of Health v. Treatment Action Campaign (No. 1)
Country: South AfricaYear: 2002
Court: Constitutional Court
Citation: (CCT9/02) [2002] ZACC 16; 2002 (5) SA 703; 2002 (10) BCLR 1075 (5 July 2002)
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Right to health
The Constitutional Court was asked to determine whether the appellant (Government) was required to give effect, pending an appeal, to an order of the High Court which directed it to make the drug nevirapine available to mothers and their newborn babies in public health facilities under certain circumstances and conditions. The order concerned the programme …Read more
Minister of Health v. Treatment Action Campaign (No. 2)
Country: South AfricaYear: 2002
Court: Constitutional Court
Citation: [2002] ZACC 15; 2002 (5) SA 721; 2002 (10) BCLR 1033
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Right to health
The government of South Africa developed a national public health program to address mother-to-child transmission of HIV. The purpose of the program was to offer HIV-positive pregnant women nevirapine, a drug that prevents the transmission of HIV at birth, free of charge. The program was, however, limited in scope. It only offered nevirapine at certain …Read more
Nitecki v. Poland
Country: PolandYear: 2002
Court: European Court of Human Rights
Citation: Application No. 65653/01
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
Applicant Mr. Zdzislaw Nitecki was a Polish national diagnosed with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, in 1976. In June 1999, he was prescribed the drug Rilutek to treat his ALS. He appealed to the Kujawsko-Pomorski Health Insurance Fund (“Fund”) to reimburse his out-of-pocket costs, noting that, as a pensioner, he …Read more
Case 2001-020f
Country: BelgiumYear: 2001
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2001-020f, 1st March 2001
Health Topics: Health systems and financing
The Union of Belgian Medical Specialists requested the annulment of certain Belgian laws passed in 1998 regarding medical costs and insurance.
Case 2001-098f
Country: BelgiumYear: 2001
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2001-098f, 13 July 2001
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Tags: Health expenditures, Health funding, Health regulation, Health spending, Pharmaceuticals, Pricing
Case 2001-159f
Country: BelgiumYear: 2001
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2001-159f, 19 December 2001
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to due process/fair trial
Tags: Health expenditures, Health funding, Health regulation, Health spending, Pharmaceuticals, Pricing
Case T-1132/01
Country: ColombiaYear: 2001
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Séptima de Revisión octubre 25, 2001, M.P.: Eduardo Montealegre Lynett, Sentencia T-1132/01 (Colom.).
Health Topics: Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life, Right to social security
Originally, three individuals living with HIV brought action against Hospital Simón Bolívar and the District’s Secretary of Health for the Hospital’s refusal to provide them with the necessary medications and treatment for their condition upon petitioners’ inability to afford payment of the medications and services. The petitioners claimed violations of their rights to health, life …Read more
Lalonde v. Ontario (Commission de Restructuration des Services de Santé)
Country: CanadaYear: 2001
Court: Ontario Court of Appeal
Citation: 56 OR (3d) 505; 208 DLR (4th) 577 (Ont CA)
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right of access to information, Rights to the benefits of culture
Montfort Hospital appealed the Healthcare Services Restructuring Committee’s (HSRC) decision to transfer services away from the hospital. Montfort was a full-service, general hospital in Ontario that operated, trained health-care professionals and provided services in French on a full-time basis, servicing a large francophone population in eastern Ontario. Exercising its authority under the Public Hospitals Act, …Read more
López, Glenda, et al. v. Instituto Venezolano de los Seguros Sociales (IVSS)
Country: VenezuelaYear: 2001
Court: Supreme Court
Citation: Expediente No. 00-1343, Sentencia No. 487
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to development, Right to health, Right to life, Right to social security
The Petitioners were a group of people living with HIV covered by the Venezuelan Institute of Social Security (IVSS). They filed an amparo action against the IVSS requesting that it ensure a regular and consistent supply of HIV triple-therapy drugs and other medicines necessary for treatment of opportunistic infections, and that IVSS cover the expense …Read more
Monteserin, Marcelino v. Estado Nacional – Ministerio de Salud y Acción Social – Comisión Nacional Asesora para la Integración de Personas Discapacitadas – Servicio Nacional de Rehabilitación y Promoción de la Persona con Discapacidad
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 16/10/2001, "Monteserin, Marcelino c/ Estado Nacional - Ministerio de Salud y Acción Social - Comisión Nacional Asesora para la integración de Personas Discapacitadas - Servicio Nacional de Rehabilitación y Promoción de la Persona con Discapacidad s/ recurso de hecho," (M. 375. XXXVI) (Arg.).
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health, Right to life, Right to social security
Adoptive father of child with cerebral paralysis brought case against the State of Argentina and its dependent agencies to force them to fulfill their obligations under Arts. 3 (second paragraph) and 4 of Law N° 24.901 (subsidized healthcare system) , and Art. 23 of the International Convention on the Rights of the Child (Right of …Read more