Case 2004-504
Country: FranceYear: 2004
Court: Conseil Constitutionnel (Constitutional Council)
Citation: Décision n° 2004-504
Health Topics: Health information, Health systems and financing
Human Rights: Right to health, Right to privacy
In this case a number of petitioners challenged the constitutional validity of an act reforming the public health insurance system. The impugned provisions were: Article 3 of the Act inserted articles which provide for establishment provides for the establishment of a system to promote coordination, quality and continuity of care and will allow for monitoring …Read more
Case T-081/04
Country: ColombiaYear: 2004
Court: Constitutional Court [Corte Constitucional]
Citation: Constitutional Court, Ninth Revision Chamber, February four (4), two thousand and four (2004), Magistrate: Dr. CLARA INES VARGAS HERNANDEZ, Ruling T-081/04
Health Topics: Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life, Right to social security
Mr. Rodrigo Alberto Valencia Echeverri brought a Constitutional Action against Cafesalud EPS (“EPS”), a Health Promoting Entity, arguing that his fundamental rights to health and social security had been violated. The plaintiff affirmed that EPS would not administer a medicine called “gadolinium contrast dye”, which was required to conduct a “brain magnetic resonance” exam. This …Read more
Case T-095/04
Country: ColombiaYear: 2004
Court: Constitutional Court [Corte Constitucional]
Citation: Colombia; Constitutional Court; Sentencia T-095/04.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
Mrs. Torres Puerta (the “Patient”) was affiliated with E.P.S. Coomeva, a Health Providing Entity. (Note: in Colombia, Health Providing Entities are in charge of providing healthcare services to employees, who must subscribe to one of such entities and pay a monthly fee which their employer deducts from their salary). In 2002, The Patient received authorization …Read more
K.B.F v. Försäkringskassan
Country: SwedenYear: 2004
Court: Supreme Administrative Court
Citation: RÅ 2004 ref. 41
Health Topics: Health systems and financing
Human Rights: Freedom of movement and residence, Right to health, Right to social security
The plaintiff regularly stayed in Germany during part of the year and needed dental treatment. The first treatment was deemed acute and thus paid for by the German version of the Swedish Social Security Insurance Agency (SSIA). Subsequent treatments were deemed not acute and thus were not paid for. The plaintiff sought compensation by the …Read more
M.V. to the Supreme Court
Country: MacedoniaYear: 2004
Court: Supreme Court
Citation: U.No. 533/02
Health Topics: Health care and health services, Health systems and financing, Hospitals
The Plaintiff, on behalf of his child, requested full reimbursement for the child’s treatment in Croatia. The Plaintiff had received authorization from the Health Insurance Fund for reimbursement of travel and medical costs for up to 30 days of treatment in the facility in Croatia. He then sought a further 35 days treatment, which was …Read more
Maldonado, Sergio Adrián s/materia: previsional s/recurso de amparo
Country: ArgentinaYear: 2004
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], 23/11/2004, "Maldonado, Sergio Adrián s/ materia: previsional s/ recurso de amparo," (M.3805.XXXVIII) (Arg.).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing
Human Rights: Right to bodily integrity, Right to health, Right to life
Man brought appeal for legal protection against the Superintendence for the Welfare of Federal Police of Argentina (Superintendencia de Bienestar de la Policía Federal Argentina), requesting that the court order the Superintendence to continue to provide the economic assistance needed to cover overseas treatment for his daughter, who suffered from spinal muscular atrophy (Werdning-Hoffman disease). …Read more
S.J. v. Försäkringskassan (‘Jelinek’)
Country: SwedenYear: 2004
Court: Supreme Administrative Court
Citation: RÅ 2004 ref. 41
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom of movement and residence, Right to health
The plaintiff was diagnosed with a severe inflammatory disease, and she was offered treatments at the hospital in Sweden using a common treatment method for her disease. After ending two rounds of this treatment process (and learning that doctors recommended a further 6 to 12 treatment rounds), the plaintiff had commenced the new treatment method …Read more
Secretary of State for Health v. R (on the application of Watts)
Country: United KingdomYear: 2004
Court: Court of Appeal, Civil Division
Citation: [2004] EWCA Civ 166
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
The claimant Yvonne Watts brought an action against the Secretary of State for Health claiming that she was entitled to the cost of reimbursement for an operation she underwent in France. Watts was a resident of the United Kingdom. In September 2002, she was diagnosed with osteoarthritis in both of her hips. Soon after, it …Read more
V., W. J. v. Obra Social de Empleados de Comercio y Actividades Civiles
Country: ArgentinaYear: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: V. 1389. XXXVIII
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
The Petitioner brought action against Obra Social de Empleados de Comercio y Actividades Civiles (Osecac) for discrimination and violations of his rights to life and health. The Petitioner had received health insurance coverage from Osecac through his employer for seven years. Following termination of his job, the Petitioner sought to continue coverage with Osecac. However, …Read more
Adviento v Canada (Minister of Citizenship and Immigration)
Country: CanadaYear: 2003
Court: Federal Court
Citation: 2003 FC 1430
Health Topics: Chronic and noncommunicable diseases, Health information, Health systems and financing, Medicines, Poverty
Human Rights: Right to health
The applicant was a citizen of the Philippines who entered Canada in 1990 under the Foreign Domestic Program, later renamed the Live-In Caregiver Program. She remained legally employed as a caregiver until her employment authorization expired in 1998. Nonetheless, she continued to stay and work in Canada. In 1994, the applicant was diagnosed with kidney …Read more