Iuri Archuadze v. Ministry of Health and Social Affairs; Municipality of Gori
Country: GeorgiaYear: 2008
Court: Tbilisi City Court
Citation: Case no. #bs-758-730(k-08)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
The applicant, Iuri Archuadze, suddenly developed a life threatening jaw condition and went to the Tbilisi State Medical Institute where he had an immediate surgical operation, and, following post-surgical complications, was taken to the intensive therapy department. In total, the cost of the treatment was 9263,71 GEL, but the applicant was only reimbursed 205,94 GEL …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 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 VII SA/Wa 185/07
Country: PolandYear: 2007
Court: Voivodeship Administrative Court - Warsaw
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to social security
On August 2006, the Director of the Voivodeship Branch of the National Health Fund rejected the application of the plaintiffs for the reimbursement of the costs incurred during the plaintiff’s in vitro fertilization procedure. The plaintiffs had neither obtained a physician’s referral for the in vitro treatment nor filed an application with the Director of …Read more
L. v. Lithuania
Country: LithuaniaYear: 2007
Court: European Court of Human Rights
Citation: App. No. 27527/03, 46 Eur. H.R. Rep. 22 (2008).
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life, Right to privacy
The applicant was registered as female at birth in 1978 but regarded himself as a male from an early age. In 1997 he sought medical advice and was diagnosed as transgendered. Lithuania adopted Article 2.27 § 2 of the Civil Code, which provided that unmarried adults had the right to undergo medically endorsed gender reassignment …Read more
Ombudsperson of the Republic of Macedonia to the Constitutional Court
Country: MacedoniaYear: 2007
Court: Constitutional Court
Citation: 45/2006-0-0
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health, Right to social security
The Ombudsperson of the Republic of Macedonia (the Ombudsperson) challenged a provision from the Law on Amending and Supplementing the Law on Health Insurance (the Law). The Law provided that insurees would have a right to basic health services from health facilities that had concluded a contract with the Health Insurance Fund (the Fund), but …Read more
Trevethick v. Ministry of Health (Decision No. 1)
Country: New ZealandYear: 2007
Court: Human Rights Review Tribunal
Citation: [2007] NZHRRT 7
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
This case concerned whether there was unlawful discrimination under New Zealand’s Human Rights Act (1993) (“HRA”), where legislation provided financial support for a disability arising from an accident, but not for a disability arising from a degenerative process or the manifestation of a disease. Ms. Trevethicks (Plaintiff) suffered from multiple sclerosis. She could only drive …Read more
Association pour l’acces a l’avortement v. Quebec (Procureur general)
Country: CanadaYear: 2006
Court: Cour Supérieure du Québec (Quebec Superior Court)
Citation: 2006 Q.C.C.S. 4694
Health Topics: Health systems and financing, Hospitals, Sexual and reproductive health
This case is a class action against the Quebec government aimed at obtaining a reimbursement for voluntary terminations of pregnancy services obtained in private clinics. After the 1988 landmark case of R v Morgentaler found a right to elective abortion, the Ministry of Health had been slow in developing ministerial guidance on family planning. At …Read more
Case 572 (T.D.Z. Case)
Country: BulgariaYear: 2006
Court: Sofia City Court
Citation: Sofia CC 2006 - Decision No. 572. 1st instance of T.D.Z. Case
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to health
T.D.Z. suffered from cancer and was prescribed an active treatment in 1998, which obtained good results. In 2002, T.D.Z. required chemical injections in order to induce binding menopause after which she was required to take hormone replacements. The Ministry of Health, however, was unable to provide T.D.Z. with the injections (Zodalex®) for April and May …Read more