Carl Peter Erdliner v. Government of Rwanda
Country: RwandaYear: 2010
Court: High Court at Kigali
Citation: Case N° RPA 0646/10/HC/KIG
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Mental health, Prisons
Human Rights: Freedom of expression, Right to due process/fair trial, Right to health
The appellant brought this appeal of a decision by the GASABO Intermediate Court that ordered his pre-trial detention for thirty days. The appellant appealed on multiple procedural grounds and also alleged that the lower court failed to properly appreciate the impact of his medical condition in determining whether pre-trial detention was appropriate. The Prosecution alleged …Read more
Case STS 31-3-2010
Country: SpainYear: 2010
Court: Supreme Court
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Medicines
Human Rights: Right of access to information
The child of Mr. Florentino and Mrs. Mercedes, Jesus, was diagnosed with drug-resistant epilepsy after suffering reoccurring, frequent seizures since about two years of age, which persisted in spite of numerous drugs being tried to treat it in public hospitals. Finally, in 2003, when the child was about six years old, he had surgery in …Read more
Chamber of Crafts to the Constitutional Court
Country: MacedoniaYear: 2010
Court: Constitutional Court
Citation: 126/2010-0-0
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Infectious diseases, Medicines, Public safety
Human Rights: Freedom from discrimination, Right to health, Right to work
The Chamber of Crafts, the petitioner, challenged a provision from the Law on Public Health (the Law) regulating the conditions under which cosmeticians could exercise their craft. The law required cosmeticians to obtain a permit from the Ministry of Health, on top of existing requirements for certification as a craftsperson. The Chamber argued that these …Read more
Eneh v. Holder
Country: United StatesYear: 2010
Court: United States Court of Appeals for the Ninth Circuit
Citation: 601 F.3d 943 (9th Cir. 2010)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health systems and financing, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The Petitioner, Lawrence Amaechi Eneh, was a native and citizen of Nigeria. He had contracted HIV while working in a nursing home in the United States. He was living with HIV-related illness, Capsis Sarcoma and Valley Fever, a disease of the lungs, at the time of the proceedings. The Petitioner was convicted for the sale …Read more
Hajol v. Poland
Country: PolandYear: 2010
Court: European Court of Human Rights
Citation: Hajol v. Poland, Application No. 1127/06, Eur. Ct. H.R. (2010).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
The applicant, Pawel Hajol, had been suffering from several illnesses including diabetes, arterial hypertension, and cirrhosis of the liver when he was arrested in 2004 for attempting to influence a trial during the exercise of his function as a prosecutor. The District Court of Krakow placed the applicant in provisional detention while authorities gathered evidence. …Read more
Paladi v. Moldova
Country: MoldovaYear: 2009
Court: European Court of Human Rights
Citation: Application No. 39806/05; (2008) 47 EHRR 15
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Hospitals, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
The applicant, a Moldovan national, complained that the Republic of Moldova violated his rights under Articles 3, 5, and 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) by detaining him without a lawful basis and failing to provide proper medical care. Detention: The applicant was a deputy mayor …Read more
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
Solomakhin v. Ukraine
Country: UkraineYear: 2008
Court: European Court of Human Rights
Citation: [2012] ECHR 24429/03
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity, Right to privacy
The applicant, Sergey Solomakhin, visited Donetsk City Hospital on November 23rd, 1998. There, he was diagnosed with an acute respiratory disease and prescribed out-patient treatment. On his next visit, the hospital conducted a diphtheria vaccine reaction test, and he did not react to the diphtheria antigens. On November 28th, 1998, he was vaccinated against diphtheria. …Read more
Trevethick v. Ministry of Health
Country: New ZealandYear: 2008
Court: High Court
Citation: [2008] NZHC 415; (2008) 8 HRNZ 485; [2008] NZAR 454
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
The appellant, a woman suffering from multiple sclerosis, brought a claim against New Zealand’s Ministry of Health for discrimination contrary to s. 123(2) of the Human Rights Act, 1993. She claimed that if her disability had been caused by accident rather than illness, she would have received significantly greater disability benefits from the government under …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