Mendoza, Beatriz Silvia et al. v. Estado Nacional et al.
Country: ArgentinaYear: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: [2008] File M. 1569. XL
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Residents of the Matanza-Riachulo river basin brought a class action against the National State, the Province of Buenos Aires, and the city of Buenos Aires, as well as a number of businesses, for injuries resulting from pollution of the area. A lengthy information collecting process began in 2006. The Supreme Court of Argentina found that …Read more
Nabieh Taha Muhammad al-Bahy, et al. v. President of the Republic, et al.
Country: EgyptYear: 2008
Court: State Council, Court of Administrative Justice, First Circuit
Citation: Cases no. 21550/61, 21665/61, 22912/61, 23003/61, 25752/61, and 25857/61
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life, Right to social security
On March 21, 2007, the Egyptian Prime Minister issued a Decision (“The Decision”), no. 637/2007, establishing the Egyptian Holding Company for Health Care (“The Holding Company”). The Decision transferred the assets of the Public Health Insurance Organization’s (“HIO”) hospitals and clinics to The Holding Company and its affiliates, declaring the assets privately owned by the …Read more
Núñez de Zanetti, Mónica Viviana v. Famyl S.A. Salud para la Familia
Country: ArgentinaYear: 2008
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], 9/9/2008, "Núñez de Zanetti, Mónica c/ Famyl Salud s/ Amparo", (N. 289, L. XLIII)(Arg.)
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Sexual and reproductive health
Human Rights: Right to health, Right to life
Mónica Núñez de Zanetti requested that the prepaid medical care company, Famyl S. A., pay for her parenteral nutrition, a life-saving diet she required as a result of a chronic small bowel resection she suffered. Famyl S.A. contended that it was not responsible for provide the nutritional services because Nuñez’s peritonitis was the result of …Read more
SASIA, Pablo Javier y otros v. Central Unit of State Acquisition of Medication and Related Goods (Unidad Centralizada de Adquisición de Medicamentos y Afines del Estado)
Country: UruguayYear: 2008
Court: Civil Appeals Court, 5th District [Tribunal Apelaciones Civil 5ºTº]
Citation: Sentencia Nº16/2008
Health Topics: Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health
This case was brought against the Central Unit of State Acquisition of Medication and Related Goods for supplying generic versions of antiretroviral drugs that were allegedly of lower quality than their original versions. The complainants alleged that their constitutional right to health had been violated. The complainants had lost at the trial court level and …Read more
Walsh v. Pharmaceutical Management Agency
Country: New ZealandYear: 2008
Court: High Court
Citation: [2008] NZHC 441; [2010] NZAR 101
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to due process/fair trial, Right to health, Right to participation
Herceptin was a drug used to treat an aggressive form of breast cancer called Her2, and it cost roughly $68000 to $70000 for a 12 month course. The first defendant, the Pharmaceutical Management Agency (Pharmac), was responsible for determining which pharmaceutical treatments would wholly or partially be subsidised by District Health Boards (DHBs). From 2001, …Read more
Case 1.182
Country: RomaniaYear: 2007
Court: Constitutional Court
Citation: Decision No. 1.182 of 13 December 2007
Health Topics: Health systems and financing
Human Rights: Right to health
Governmental Emergency Ordinance 120/2006 (hereinafter referred to as “The Ordinance”) transferred the health units established by local councils of cities with less than 5000 people to the county councils, unless the local councils wished to retain the health units at their own expense. The Iasi County Council objected before the Iasi Tribunal-Commercial and Administrative Appeal …Read more
Case 209
Country: BulgariaYear: 2007
Court: Sofia Court of Appeal
Citation: Decision No. 209 on Case No. 161/2007
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to health
This case has been affirmed on appeal to the Supreme Court of Cassation. The Plaintiff was diagnosed with breast cancer in 1998. As part of her treatment, she was prescribed hormone medication and received a mastectomy. At one point, she was prescribed Zoladex, which which causes temporary cessation of ovarian function. . Although prescribed this medication, …Read more
Case 6501/2007
Country: SpainYear: 2007
Court: Supreme Court
Citation: S.T.S. 6501, July 17, 2007.
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
In 2002, Jose Maria was diagnosed with cancerous enlargements and was admitted to the Virgen de las Nievas Hospital, where he was treated with four cycles of chemotherapy and radiotherapy. One year later, he needed a surgery that public health services were unable to provide. As such, he went to the Teknon Clinic of Barcelona …Read more
Case RE 399664/SP
Country: BrazilYear: 2007
Court: Federal Supreme Court
Citation: Recurso Extraordinario, RE 399664/SP, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Health care and health services, Health systems and financing, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
A Chief of Police contracted Hepatitis C while intervening in the attempted suicide of a prisoner. The the Court of Justice of São Paulo held that the state and its health system were responsible for providing him, an individual in financial need, with medications to treat his Hepatitis C. The State of São Paulo filed an extraordinary …Read more
Kranti v. Union of India & Ors
Country: IndiaYear: 2007
Court: Supreme Court
Citation: Appeal (civil) No. 2681/2007
Health Topics: Diet and nutrition, Disasters and emergencies, Health systems and financing, Poverty, Water, sanitation and hygiene
Human Rights: Right to food, Right to water and sanitation
The plaintiffs were residents of a group of islands heavily affected by the 2004 tsunami. They argued that they were facing a number of problems which the local administration could take steps to mitigate and that the problems required immediate governmental action. They argued that, while there were relief funds, these funds were not being …Read more