Charles Lukeyen Nabori, et al. v. Attorney General, et al.
Country: KenyaYear: 2008
Court: High Court at Nairobi
Citation: Petition 466 of 2006
Health Topics: Chronic and noncommunicable diseases, Disasters and emergencies, Environmental health, Health systems and financing, Poverty
Human Rights: Freedom of movement and residence, Right to a clean environment, Right to life, Right to property
The petitioners were pastoralists and communal landowners in the Baringo District in Rift Valley Province, Kenya. The petitioners alleged that the respondents (the Attorney-General, the Minister for Environmental and Natural Resources, the National Environment Management Authority, and the County Council of Baringo) were liable for violating their rights to life (under Section 71 of the …Read more
Pediatric Clinic of Los Lagos v. Brazil
Country: BrazilYear: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 70/08, Petition 12.242, October 16, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Hospitals, Infectious diseases, Medical malpractice, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to life
Ten children died as a result of the presumed medical negligence of the personnel at the Clínica Pediátrica da Região dos Lagos. The hospital received funds from the state via the public system of health of Brazil called Sistema Unico de Salud. The majority of children treated at the hospital were from families with “reduced …Read more
Socio Economic Rights and Accountability Project v. Nigeria
Country: NigeriaYear: 2008
Court: African Commission on Human and Peoples’ Rights
Citation: Communication No. 300/2005
Health Topics: Poverty
Human Rights: Right to education
The Socio Economic Rights and Accountability Project (“SERAP”) sued the government of Nigeria, alleging that the state violated its citizens’ right to education because of large-scale corruption. The issue was whether the Communication submitted by SERAP was admissible or not. In 2005, it was alleged that the Nigerian Senate and the House of Representatives took …Read more
Case RE 568073/RN
Country: BrazilYear: 2007
Court: Federal Supreme Court
Citation: RE 568073/RN, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
The Court of Justice found that the State of Rio Grande do Norte had the obligation of providing high-cost medication, free of charge, to an indigent individual suffering from melanoma. The Court of Rio Grande do Norte had previously dismissed an interlocutory appeal brought by the state. The State of Rio Grande do Norte filed an extraordinary …Read more
Defensor del Pueblo de la Nación v. Estado Nacional et al.
Country: ArgentinaYear: 2007
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], 18/9/2007, "Defensor del Pueblo de la Nación c/ Estado Nacional y otra (Provincia del Chaco) s/proceso de conocimiento," (D. 587. XLIII) (Arg.).
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Infectious diseases, Poverty, Water, sanitation and hygiene
Human Rights: Right to bodily integrity, Right to education, Right to food, Right to health, Right to life, Right to participation, Right to water and sanitation, Right to work
Argentina’s Human Rights Ombudsman brought a claim against the National Government and the Province of Chaco to force Respondents to take the necessary measures to improve the deleterious living conditions of an indigenous community in Chaco that amounted to circumstances of extreme emergency. The Ombudsman claimed that the community lacked fundamental and basic necessities as …Read more
Health Department of Sao Paulo v. Municipality of Sao Paulo
Country: BrazilYear: 2007
Court: Court of Justice for the Minority and Collective Interest [Procuradoria da Jutica de Interesses Difusos e Coletivos]
Citation: Civil Appeal No. 152.887.0/1-00
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Poverty
Human Rights: Right to health, Right to life
A minor diagnosed with progressive muscular dystrophy was denied access to a special Municipal transportation service called the ATENDE program because he was not yet using a wheelchair. The ATENDE program was instituted to meet the needs of handicapped people who could not otherwise access common public transportation. The Health Department of Sao Paulo, on …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
YL v. Birmingham City Council and Ors.
Country: United KingdomYear: 2007
Court: House of Lords
Citation: [2007] UKHL 27
Health Topics: Aging, Health care and health services, Hospitals, Mental health, Poverty
Human Rights: Right to social security
YL was an 84-year old woman suffering from Alzheimer’s disease, who was entitled to free accommodation provided by the Birmingham City Council under s 21 of the National Assistance Act 1948 (the 1948 Act). The council, with the power given to it by s 26 of the same Act, contracted a private health service provider …Read more
Afdeling Bestuursrechtspraak van de Raad van State [Administrative Jurisdiction of the Council of State], 11 October 2006, nr200600633/1, LJN:AY9897
Country: NetherlandsYear: 2006
Court: Afdeling bestuursrechtspraak van de Raad van State (Administrative Jurisdiction Department of the Council of State)
Citation: 11 October 2006, nr200600633/1, LJN:AY9897
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Medicines, Public safety, Sexual and reproductive health
According to the Benefit Entitlement Act (“BEA”), health care providers who offer medically necessary care to illegal immigrants must be compensated for their expenses. To achieve this, the BEA increased the budget of the Ministry of Health, Welfare and Sports (“the Ministry”). Instead of managing the compensation fund itself, the Ministry appointed the Foundation Koppeling …Read more
Covarrubias v Canada (Minister of Citizenship and Immigration)
Country: CanadaYear: 2006
Court: The Federal Court of Appeal
Citation: 2006 FCA 365
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom of movement and residence, Right to health, Right to life
The appellants were Mexican citizens who arrived in Canada and made a claim for refugee protection. Before their claim was heard, the male appellant was diagnosed with end-stage renal failure and was immediately put on life-sustaining hemodialysis treatment. The Immigration and Refugee Board (‘Board’) denied their claim for refugee protection. Among other findings, the Board …Read more