Case 2001-098f
Country: BelgiumYear: 2001
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2001-098f, 13 July 2001
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Tags: Health expenditures, Health funding, Health regulation, Health spending, Pharmaceuticals, Pricing
Case 2001-159f
Country: BelgiumYear: 2001
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2001-159f, 19 December 2001
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to due process/fair trial
Tags: Health expenditures, Health funding, Health regulation, Health spending, Pharmaceuticals, Pricing
Miranda Cortéz, Jorge Odir, et al. v. El Salvador
Country: El SalvadorYear: 2001
Court: Inter-American Commission on Human Rights
Citation: Miranda Cortez v. El Sal., Case 12.249, Inter-Am. Comm’n H.R., Report No. 29/01, OEA/Ser.L/V/II.111 Doc. 20 rev. at 284 (2000).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to life
Applicant filed this petition on behalf of himself and 26 other HIV infected persons against the State of El Salvador alleging Article 26 of the American Convention (the right to health) violation for failing to provide HIV triple therapy medication they needed to prevent death and to improve their quality of life. Petitioner maintains that …Read more
People Living with HIV v. Chile
Country: ChileYear: 2001
Court: Inter-American Commission on Human Rights
Citation: Precautionary Measures, Inter-Am. Comm’n H.R., OEA/Ser.L./V/II.114, doc. 5 rev. (2002).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to health, Right to life
The Inter-American Commission granted precautionary measures, in Chile, on behalf of Juan Pablo Améstica Cáceres, Manuel Orlando Farías, and Náyade Orieta Rojas Vera. These three individuals are carriers of the human immunodeficiency virus (HIV/AIDS) who contacted the IACHR because they believed their right to life and health was in serious danger.
Canada – Patent Protection of Pharmaceutical Products
Country: CanadaYear: 2000
Court: World Trade Organization
Citation: WT/DS114/R
Health Topics: Medicines
The European Communities and their member States challenged Sections 55.2(1) and 55.2(2) of the Patent Act of Canada, which created exceptions to the exclusive rights of patent owners, as violating provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS” or “TRIPS Agreement”). Under Article 28.1 of the TRIPS Agreement, parties were to ensure patent owners the …Read more
Case 2000-103f
Country: BelgiumYear: 2000
Court: C. C., n°2000-0103f, 11 October 2000
Citation: C. C., n°2000-0103f, 11 October 2000
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Tags: Essential medicines, Health expenditures, Health funding, Health regulation, Health spending, Pharmaceuticals, Pricing
People of the Philippines v. Estrada and Lanuza
Country: PhilippinesYear: 2000
Court: Supreme Court
Citation: G.R. No. 124461
Health Topics: Medicines
Human Rights: Right to health
The Petitioner sought to appeal an earlier order of the Supreme Court requiring that seized drugs be returned. In that case, the Court had declared a search warrant invalid for failing to meet constitutional requirements, and required the Petitioner to return the drugs seized in a contraband raid. The drugs had been found genuine upon …Read more
Case 1999-097f
Country: BelgiumYear: 1999
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1999-097f, 15 September 1999
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Tags: Essential medicines, Health expenditures, Health funding, Health regulation, Health spending, Pharmaceuticals, Pricing
Enxet-Lamenxay & Kayleyphapopyet (Riachito) v. Paraguay
Country: ParaguayYear: 1999
Court: Inter-American Commission on Human Rights
Citation: Case 11.713, Inter-Am. Comm’n H.R., Report No. 90/99, OEA/Ser.L/V/II.106Doc. 6 rev. (1999).
Health Topics: Diet and nutrition, Health care and health services, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to property, Rights to the benefits of culture
In 1991, representatives of the indigenous Enxet-Lamenxay and Kayleyphapopyet-Riachito communities commenced administrative proceedings against the Government of Paraguay to recover what they claimed was ancestral land that Paraguay had largely sold to foreigners in the years between 1885 and 1950. The petitioners described the land as “their main sustenance came from hunting, fishing, and gathering.” The …Read more
Case 181718
Country: FranceYear: 1998
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°181718, 12 June 1998
Health Topics: Health information, Medicines
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of movement and residence
Mr. Francois X, a pharmacist practicing in the Rosny-sou-Bois commercial center, along with his employer, the Plus Pharmacie association, requested the annulment of decree no 96-531 of June 14 1996. The decree related to advertisement of medications and other products for medical use. The decree modifies the public health code to insert a new article …Read more