State of Pernambuco v. Geni Lira de Sales
Country: BrazilYear: 2007
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: State of Pernambuco v. Geni Lira de Sales, AI 676044/PE, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
The State of Pernambuco filed an interlocutory appeal against the Court of Justice of Pernambuco’s decision, refusing to admit an extraordinary appeal. The Court of Justice of Pernambuco found that the State was responsible for providing medication and health services to a needy individual suffering from chronic disease. The State argued that the constitutional obligation …Read more
Chávez Alvarado, Susana y otras v. el Ministerio de Salud
Country: PeruYear: 2006
Court: Constitutional Court of Peru
Citation: Tribunal Constitucional [Constitutional Court] Nov. 13, 2006, Sentencia 7435-2006-PC/TC (Peru).
Health Topics: Health care and health services, Health information, Health systems and financing, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to bodily integrity, Right to family life, Right to health, Right to life
In 2001, Peru’s Department of Health approved the emergency oral contraceptive and resolved to provide it at no charge throughout the nation. Following cases of repeated noncompliance with this resolution, plaintiffs initiated this legal action to enforce compliance. Specifically, the petitioners asserted that the mandates whose compliance they were demanding were: (1) To ensure a …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
National Institute of Social Security (INSS) v. Santos
Country: BrazilYear: 2006
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: National Institute of Social Security (INSS) v. Santos Al-AgR 47097/ SP, Supremo Tribunal Federal [Federal Supreme Court] (2006).
Health Topics: Health care and health services, Poverty
Human Rights: Right to health
The National Institute of Social Security filed an interlocutory appeal with basis in the Code of Civil Procedure and the bylaws of the Federal Supreme Court against the decision upheld by this same court in September 2005 which stated that the matter in discussion did not directly offend the Constitution and required the re-examination of …Read more
Reynoso, Nilda Noemí v. I.N.S.S.J.P.
Country: ArgentinaYear: 2006
Court: Supreme Court of Justice [Corte Suprema de la Nación Argentina]
Citation: R. 638. XL
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Mental health, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
The Petitioner, an elderly woman with diabetes, filed an action of amparo against the I.N.S.S.J.P, a public entity devoted to the provision of public health insurance to retired people. She requested the judiciary to order the Respondent to provide her 100U of human insulin, reactive tape and disposable syringes, as well as the medicine “Ampliactil” …Read more
Sesana v. Attorney General
Country: BotswanaYear: 2006
Court: High Court - Lobatse
Citation: Misca. No. 52 of 2002
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Infectious diseases, Informed consent, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to participation, Right to property
In March 2002, the Botswana Government terminated certain basic services to the Central Kalahari Game Reserve (CKGR), including access to: Drinking water; Maintenance of borehole water; Rations to registered destitute; Rations to registered orphans; Transport for the applicants’ children to and from school; and Healthcare to the applicants through mobile clinics and ambulance services. The …Read more
Victoria Yisraeli v. Health Basket Committee
Country: IsraelYear: 2006
Court: Supreme Court (sitting as High Court of Justice)
Citation: HCJ 2974/06
Health Topics: Disabilities, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health
Vicki Yisraeli was gradually going deaf, and was diagnosed as having hearing at a level 15% of that of a healthy person. She sought a cochlear implant procedure to save her hearing. However, to obtain one, she was required under the Second Supplement of the National Insurance Law, 1994 (the Law) to pay a participation …Read more
Gbemre v. Shell Petroleum Development Company and Others
Country: NigeriaYear: 2005
Court: High Court, Benin Division
Citation: Suit No. FHC/B/CS/53/05; (2005) AHRLR 151 (NgHC 2005)
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health care and health services, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life
Applicants, residents of Iwherekan community in the Delta State of Nigeria, applied for an order enforcing their fundamental right to life and dignity of human person as provided by sections 22(1) and 34(1) of the Constitution of the Federal Republic of Nigeria, 1999 (the “Constitution”) and articles 4, 16, and 24 of the African Charter …Read more
Medicross v. Prime Cure Holdings
Country: South AfricaYear: 2005
Court: Competition Tribunal
Citation: Case no 11/LM/Mar05
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty
The Competition Tribunal examined a merger between Medicross Healthcare Group (Pty) Ltd (Medicross) and Prime Cure Holdings (Pty) Ltd, companies providing primary care healthcare services to medical aid schemes. The transaction envisaged that Medicross would acquire the entire share capital of, and loan claims against, Prime Cure. Prime Cure manages and administers 45 primary healthcare …Read more
Moiwana Community v. Suriname
Country: SurinameYear: 2005
Court: Inter-American Court of Human Rights
Citation: Moiwana Community v. Surin., Preliminary Objections, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 124 (June 15, 2005).
Health Topics: Disasters and emergencies, Poverty, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to property
The village of Moiwana, consisting of N’djuka people of African descent, was attacked in November 1986 by members of the armed forces of Suriname, who allegedly massacred 40 men, women and children, and “razed the village to the ground.” Members of Moiwana practiced hunting, farming, and fishing as their means of subsistence. Following the massacre, …Read more