Ntsels v. Member of the Executive Council for Health, Gauteng Provincial Government
Country: South AfricaYear: 2012
Court: South Gauteng High Court, Johannesburg
Citation: CASE NO: 2009/52394
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
The plaintiff filed an action for damages against the defendant on behalf of her minor child “A” alleging that the nursing staff at the clinic failed to properly monitor the child’s fetal growth and heart beat, refer her to a hospital for ante-natal sonar tests and were negligent in providing appropriate treatment and perform a …Read more
Patricia Asero Ochieng, et al. v. Attorney General, et al.
Country: KenyaYear: 2012
Court: High Court at Nairobi
Citation: Petition 409 of 2009
Health Topics: Child and adolescent health, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
The Petitioners were citizens of Kenya living with HIV. They claimed that provisions of the Anti-Counterfeiting Act, 2008 (the Act) severely restricted access to affordable, essential medicines, including generic medicines for HIV-related diseases, in violation of their fundamental rights to life, dignity and health protected under articles 26(1), 28 and 43 of the Constitution of …Read more
The Rio Negro Massacres v. Guatemala
Country: GuatemalaYear: 2012
Court: Inter-American Court of Human Rights
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Hospitals, Poverty, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Freedom of religion, Right to bodily integrity, Right to development, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to life, Right to privacy, Rights to the benefits of culture
This case deals with the destruction of the Mayan community of Río Negro by a series of massacres perpetrated by the Guatemalan army and members of the civil self-defence patrols in 1980 and 1982 which, according to the IACmHR, included the persecution and elimination of members of the Mayan community, subsequent violations directed against the …Read more
Case No. STS 3527/11
Country: SpainYear: 2011
Court: Supreme Court
Health Topics: Child and adolescent health, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Appellee was diagnosed with HIV in 1994. In 1996, he began a relationship with appellant, during which time he used condoms but did not inform appellant of his HIV-positive status. The condom broke on several occasions, and ultimately appellant became pregnant and HIV-positive, and when she gave birth to their daughter, the daughter also was …Read more
Dupuy, Daniel Oscar et al. v. Sanatorio Modelo Quilmes et al.
Country: ArgentinaYear: 2011
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: D. 640. XLIV.
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to housing, Right to life, Right to social security
The plaintiff, in representation of his daughter Yanet Marien Dupuy, brought the case to the National First Instance Civil Court [Juzgado Nacional de Primera Instancia en lo Civil n° 52] against the Modelo Quilmes Hospital [Sanatorio Modelo Quilmes] and the Social Help Office for the National Congress Personal [Dirección de Ayuda Social para el Personal del …Read more
Fontana, Lilia Marcela s/denuncia
Country: ArgentinaYear: 2011
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 959. XLVI.
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to housing, Right to life
The plaintiff brought the case to the Federal Criminal Court of Lomas de Zamora [Juzgado Federal en lo Criminal y Correccional N° 2] against the responsible of the Federal Program of Health [Programa Federal de Salud (P.R.O.F.E.)] who were not providing the medicines and dialysis equipment for the treatment of her seven year old daughter, …Read more
Matsipane Mosetlhanyane, et al. v. Attorney General
Country: BotswanaYear: 2011
Court: Court of Appeal of the Republic of Botswana at Lobatse
Citation: Matsipane Mosetlhanyane & Ors v. The Attorney General [2011] CivilAppeal No. CACLB-074-10 (Bots.).
Health Topics: Child and adolescent health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to water and sanitation
Appellants, a married couple who are members of an indigenous community known as the “Basarwa,” sought reversal of a High Court decision that had denied members of the Basarwa communities a constitutional right to utilize at their own expense a borehole located within the Central Kalahari Game Reserve (CKGR) for purposes of extracting and using …Read more
Miró, María del Rosario v. IOSPER
Country: ArgentinaYear: 2011
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 466. XLVI.
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Mental health
Human Rights: Right to development, Right to education, Right to life, Right to social security
The plaintiff brought the case to the First Instance Court of Paraná [Juzgado de Instrucción n° 7 de Paraná] aginst the Helath Insurance Institute of Entre Ríos [Instituto de Obra Social de la Provincia de Entre Ríos – IOSPER] because it refused to provide comprehensive coverage to the autism treatment that the plaintiff’s son needed. …Read more
T. P. F. (represented by the Centre for Reproductive Rights and the Centre for the Promotion and Protection of Sexual and Reproductive Rights) v. Peru
Country: PeruYear: 2011
Court: Committee on the Elimination of Discrimination against Women
Citation: Communication No. 22/2009
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to life
This claim was brought on behalf of the injured by her mother, who asserted that the failure of the Peruvian health system to ensure access to essential services for women, in this case therapeutic abortion, compromises its obligations under the Convention on the Elimination of All Forms of Discrimination against Women, entered into force in …Read more
Case 108-2010-R
Country: BoliviaYear: 2010
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
A constitutional amparo (writ of injunctive relief) petition was brought the petitioner on behalf of his minor daughter against the Department Director of the Sexually Transmitted Infections/A.I.D.S. (“STI/AIDS”) Program, alleging violations of his daughter’s rights to life, to health, to “legal certainty,” and to petition, as guaranteed by the Bolivian Constitution. The petitioner’s daughter lived …Read more