National Federation of Independent Business v. Sebelius
Country: United StatesYear: 2012
Court: Supreme Court
Citation: 132 S. Ct. 2566 (2012)
Health Topics: Health care and health services, Health systems and financing, Poverty
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to property
After significant political struggles, the US Congress enacted the Patient Protection and Affordable Care Act in 2010. This act had two components, 1) it obligated individuals to maintain “‘minimum essential’ health insurance coverage” through an individual mandate, 2) it contained an expansion of the federal Medicaid program that is run by US states. The constitutionality …Read more
Panaitescu v. Romania
Country: RomaniaYear: 2012
Court: The European Court of Human Rights
Citation: ECHR 152 (2012)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
The son of the former applicant continued the application after his death. The applicant’s father was diagnosed with cancer in 2005 and had a surgery for removal of a tumour from his kidney. He was first suggested vitamins and saline solution. Later on, when he went to an oncology institute, he was recommended two drugs. …Read more
Petition No. 409 of 2009
Country: KenyaYear: 2012
Court: High Court of Kenya
Health Topics: HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Petitioners were indigent Kenyan citizens that were infected with HIV/AIDS. Petitioners depended on antiretroviral drugs for treatment of their condition; and, because of their poverty, relied on a program administered by the Kenyan government and an NGO for the provision of these drugs at little or no cost. This program could afford to operate as …Read more
Sandesh Bansal v. Union of India and others
Country: IndiaYear: 2012
Court: High Court - Madhya Pradesh
Citation: Writ Petition No. 9061/2008
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medicines, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to life
The petitioner is a social activist that works on raising concern over the high maternal mortality in the Indian state of Madhya Pradesh. The petitioner alleged that the state’s program to reduce the maternal mortality rate (MMR) had failed to be implemented effectively in Madhya Pradesh. The petitioner had filed this petition, alleging that about …Read more
Case 57/PUU-VIII/2010
Country: IndonesiaYear: 2011
Court: Constitutional Court
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom from discrimination, Right to a clean environment, Right to health, Right to housing, Right to life, Right to social security, Right to work
On April 3, 2010, the Indonesian Government filed the Budget Amendment Bill of 2010 in Parliament. On May 3, 2010, a Plenary Session of the House of Representatives passed an amendment to the National Budget entitled Law No. 2 of 2010 Concerning the Amendment to Law No. 47 of 2009 Regarding the National Budget for …Read more
Case P-671/2011
Country: BelarusYear: 2011
Court: Constitutional Court
Citation: Decision No. P-671/2011
Health Topics: Child and adolescent health, Health systems and financing, Poverty
Human Rights: Right to education, Right to housing, Right to social security
The Constitutional Court considered the constitutionality of the Belarusian law On Making Alterations and Addenda to the Law of the Republic of Belarus ‘On guarantees on social protection of orphan children, children left without parental care, and also individuals who belong to the category orphan children and children left without parental care’ (“Orphan Law”). The …Read more
Premlata v. Government of NCT Delhi
Country: IndiaYear: 2011
Court: High Court of Delhi
Citation: W.P. (C) 7687/2010 & CM APPL 6265/2011
Health Topics: Diet and nutrition, Poverty
Human Rights: Freedom from discrimination, Right of access to information, Right to food, Right to life, Right to social security
The issues presented in this case involved citizens living in poverty and the gaps in essential services provided by the government. The first issue was the availability of cash assistance to new mothers. The petitioners alleged that, per past orders of the Supreme Court, benefits should be made available to them under both the National …Read more
Case 1.657
Country: RomaniaYear: 2010
Court: Constitutional Court [CURTEA CONSTITUŢIONALĂ]
Citation: DECISION No. 1.657 of 28 December 2010
Health Topics: Health systems and financing
Human Rights: Right to health, Right to social security
The case was introduced by a group of 54 deputies under Article 146 of the Constitution seeking a constitutionality review of the 2011 State Budget Law. Alleged violations from the 2011 State Budget Law included: (1) the Government submitted the 2011 State Budget law two months later than the deadline mandated in the Constitution for …Read more
Case 2009-12-03
Country: LatviaYear: 2010
Court: Constitutional Court
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
The applicant, G.Z. was diagnosed with Gaucher’s disease at the age of three. Gaucher’s disease was a rare disease which can only be successfully treated with the drug Cerezyme. If the disease was not treated, it could result in early death. G.Z’s parents claimed 100% reimbursement of the purchase costs of Cerezyme on G.Z’s behalf. …Read more
Case 2010-060
Country: BelgiumYear: 2010
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4742. C. C., n°2010-060, 27 May 2010
Health Topics: Health systems and financing, Hospitals
Human Rights: Right to work
Six applicants brought forth a plea challenging the constitutionality of Article 50 of a 2008 law concerning diverse healthcare matters. The applicants sought to annul the modified “reference amounts” system introduced by Article 50. Three of the applicants, the Groupement des Unions professionelles belges de Médecins specialistes, the Association Belge des Syndicats Médicaux, and the …Read more