132 judgments found.

Harding v. The Superintendent of Prisons and the Attorney General

Country: Saint Lucia
Year: 2001
Court: Court of Appeal
Citation: Civil Appeal No. 13 of 2000
Health Topics: Poverty, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The Appellant, a 51 year-old man who had spent much of his life in prison for violent crimes was arrested and convicted in St. Lucia. He was deemed dangerous and placed in a maximum-security section of the prison in cellular confinement with death row inmates. He was placed in mechanical restraints with chains tied to …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Poor, Prison conditions, Solitary confinement, Torture
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Monteserin, Marcelino v. Estado Nacional – Ministerio de Salud y Acción Social – Comisión Nacional Asesora para la Integración de Personas Discapacitadas – Servicio Nacional de Rehabilitación y Promoción de la Persona con Discapacidad

Country: Argentina
Year: 2001
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], 16/10/2001, "Monteserin, Marcelino c/ Estado Nacional - Ministerio de Salud y Acción Social - Comisión Nacional Asesora para la integración de Personas Discapacitadas - Servicio Nacional de Rehabilitación y Promoción de la Persona con Discapacidad s/ recurso de hecho," (M. 375. XXXVI) (Arg.).
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health, Right to life, Right to social security
Facts:

Adoptive father of child with cerebral paralysis brought case against the State of Argentina and its dependent agencies to force them to fulfill their obligations under Arts. 3 (second paragraph) and 4 of Law N° 24.901 (subsidized healthcare system) , and Art. 23 of the International Convention on the Rights of the Child (Right of …Read more

Tags: Access to health care, Access to treatment, Budget, Child development, Children, Disabled, Health spending, Low income, Minor, Poor
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Professor Yosef Gamzu v. Na’ama Yeshayahu

Country: Israel
Year: 2001
Court: Supreme Court (sitting as the Court of Civil Appeal)
Citation: LCA 4905/98
Health Topics: Diet and nutrition, Poverty
Human Rights: Right to food, Right to health, Right to housing, Right to liberty and security of person
Facts:

The appellant owed the respondent and her daughter a maintenance debt that had accumulated to about 1.25 million New Shekel, having previously failed to pay regular maintenance and child support payments to his wife and daughter.  Being unable to afford this amount as a lump sum, he sought to have the Head of the Execution …Read more

Tags: Hunger, Indigent, Low income, Poor, Starvation
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Campodónico de Beviacqua, Ana Carina v. Ministerio de Salud y Acción Social – Secretaría de Programas de Salud y Banco de Drogas Neoplásicas

Country: Argentina
Year: 2000
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 823. XXXV
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) in the name of her son, who suffered from Kostmann’s disease, a severe bone marrow defect. Because of this disease, the plaintiff’s son was entirely dependent on a medicine called Neutromax 300. From June 1996 to December 1998, the National Bank of Antineoplastic …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Budget, Child development, Children, Disabled, Handicapped, Health expenditures, Health funding, Health regulation, Health spending, Low income, Minor, Out-of-pocket expenditures, Pediatric health, Poor, Social security, Subsidies, Underprivileged
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Dina Rosa Vieira v. Municipality of Porto Alegre

Country: Brazil
Year: 2000
Court: Supremo Tribunal Federal (Supreme Federal Tribunal)
Citation: No. AGRG. 271.286-8 Rio Grande do Sul
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

Dina Rosa Vieira brought the case against the municipality of Porto Alegre for failing to provide medication for the treatment of AIDS. Vieira was destitute and unable to afford the medication herself. The first instance court ruled in favor of Vieira and ruled that in light of the constitutional principles protecting the right to health …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Health expenditures, HIV, HIV positive, Indigent, Low income, People living with HIV/AIDS, PLHIV, Poor, Social security
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South Africa v. Grootboom

Country: South Africa
Year: 2000
Court: Constitutional Court
Citation: Government of the Republic of S. Afr. v. Grootboom, [2000] ZACC 19; 2001 (1) SA 46; 2000 (11) BCLR 1169 (S. Afr.).
Health Topics: Health care and health services, Poverty
Human Rights: Right to health, Right to housing
Facts:

Mrs. Grootboom and other respondents were homeless and living in appalling conditions. Many had applied for subsidized low-cost housing through the municipality and had been on the waiting list for a period of up to seven years. While waiting for the assignment, they decided to move and illegally live on someone’s private land. Respondents were …Read more

Tags: Indigent, Low income, Poor, Underprivileged
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Advocate Prakash Mani Sharma v. Government of Nepal and Others

Country: Nepal
Year: 1999
Court: Supreme Court
Citation: Writ No.064 WO 0230
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

Under Article 20(2) of the Interim Constitution 2063 in Nepal, every woman in Nepal had the fundamental right to reproductive health. However, there were no effective health services addressing the issue of uterine prolapse, a serious ailment affecting nearly 600,000 women in Nepal. The Petitioners, among others, Pro-Public, an organization working in the area of …Read more

Tags: Abortion, Access to health care, Access to treatment, Awareness, Budget, Child development, Child mortality, Childbirth, Children, Diet, Family planning, Food, Health care workers, Health education, Health expenditures, Health funding, Health promotion, Health spending, Infant health, Infant mortality, Malnutrition, Maternal health, Maternal mortality, Miscarriage, Pediatric health, Poor, Pregnancy, Primary care, Termination of pregnancy, Underprivileged, Unsafe abortion
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Enxet-Lamenxay & Kayleyphapopyet (Riachito) v. Paraguay

Country: Paraguay
Year: 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
Facts:

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

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Diet, Food, Forced displacement, Indigenous groups, Indigent, Low income, Pharmaceuticals, Poor, Primary care, Refugees, Underprivileged
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Villagrán-Morales, et al. (“Street Children”) v. Guatemala

Country: Guatemala
Year: 1999
Court: Inter-American Court of Human Rights
Citation: Merits, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 63 (Nov. 19, 1999); Inter Joint Concurring Opinion of Judges A.A. Cancado Trinidade & A. Abreu-Burelli, Inter-Am. Ct. H.R. (ser. C) No. 63 (Nov. 19, 1999).
Health Topics: Child and adolescent health, Poverty, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Five youths, three of whom were minors, were “street children” abducted, tortured, and killed by State security agents.  The children lived in a sector of the city where violence and crime rate were high and where State officials commit illegal acts against “street children,” including “threats, arrests, cruel, inhuman and degrading treatment and homicides as …Read more

Tags: Assault, Children, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Forced disappearance, Health records, Indigent, Inhuman treatment, Law enforcement, Low income, Medical records, Minor, Police, Poor, Torture, Underprivileged
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Case SU-225/98

Country: Colombia
Year: 1998
Court: Constitutional Court
Health Topics: Child and adolescent health, Health systems and financing, Infectious diseases, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Right to health, Right to life, Right to social security
Facts:

Through a representative, 418 parents, inhabitants of the sector of Puenta Aranda in Bogota, filed a tutela against the national and district health authorities alleging that the authorities’ failure to provide a free vaccination program against meningitis violated the duty to protect the health of their children. The Plaintiffs were poor, worked in the informal …Read more

Tags: Access to medicines, Child development, Children, Cleanliness, Health funding, Health spending, Immunization, Indigent, Infant health, Infant mortality, Informal economy, Low income, Meningitis, Minor, Out-of-pocket expenditures, Pediatric health, Poor, Social security, Subsidies, Underprivileged, Vaccination, Vaccines
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