Meenakshi Pharma Distributors v. State of Karnataka and Others
Country: IndiaYear: 1998
Court: High Court - Karnataka
Citation: 1999 (2) KarLJ 164
Health Topics: Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
The Appellant, Meenakshi Pharma Distributors, had conducted various transactions with the authorities of the State of Karnataka for the sale of drugs. The contract stipulated that “if the payment is delayed beyond the period of 30 days, interest shall be payable at the rate of 15 per cent.” However, the trial court reduced the rate …Read more
S.K. Garg v. State of Uttar Pradesh and Others
Country: IndiaYear: 1998
Court: High Court - Allahabad
Citation: 1999 (1) AWC 847
Health Topics: Diet and nutrition, Health care and health services, Hospitals, Infectious diseases, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to life, Right to water and sanitation
The Petitioner, S.K. Garg, filed a writ petition in the Allahabad High Court under Article 226 of the Constitution of India (original writ jurisdiction of High Courts). The petition brought to the Court’s attention the appalling and unhygienic condition of Government hospitals in the city of Allahabad. It was alleged that indigent patients had been …Read more
Bandhua Mukti Morcha v. Union of India and Others
Country: IndiaYear: 1997
Court: Supreme Court
Citation: (1997) 10 SCC 549
Health Topics: Child and adolescent health, Diet and nutrition, Occupational health, Poverty
Human Rights: Right to education, Right to food, Right to health, Right to life, Right to social security, Right to work
Carpet industries in Uttar Pradesh employed children, under the age of 14, where they were “being treated as slaves” and were “subjected to physical torture.” This writ petition was filed in the Supreme Court under Article 32 as a public interest matter. The Court immediately commissioned a report to determine whether children under the age …Read more
Mrs. Shantha vs. State Of Andhra Pradesh and Ors
Country: IndiaYear: 1997
Court: High Court - Andhra Pradesh
Citation: 1999 ACJ 454; AIR 1998 AP 51; 1997 (4) ALT 357
Health Topics: Medical malpractice, Poverty
Human Rights: Right to health, Right to life
Mrs. Shantha, the Petitioner, was admitted to the Government Maternity Hospital for a caesarian section. She was affected sterilization after the caesarian section. On leaving the hospital after the operation, she felt abdominal discomfort leading to very severe pain. Following medical examination, it was discovered that surgical equipment had been left inside the Petitioner’s abdomen …Read more
Soobramoney v. Minister of Health
Country: South AfricaYear: 1997
Court: Constitutional Court
Citation: [1997] ZACC 17; 1998 (1) SA 765 (CC); 1997 (12) BCLR 1696
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
The appellant was a 41-year old, unemployed, diabetic man who suffered from ischaemic heart disease, cerebro-vascular disease, and renal failure. His condition was chronic and irreversible. In order to continue address this condition and prolong his life, he required regular renal dialysis treatment. The appellant had made all efforts to continue treatment privately, but was …Read more
Fernández, Encarnación Pilar v. Secretaría de Seguridad Social (ANSES)
Country: ArgentinaYear: 1993
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Fallos 316/797
Health Topics: Health care and health services, Health systems and financing
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Social Security Agency [Administración Nacional de la Seguridad Social- ANSES]. The plaintiff claimed that her right to life and health was threatened by the Administration, because they didn’t pay her pension in time and therefore she couldn’t access medical …Read more
Case T-484/92
Country: ColombiaYear: 1992
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
The Petitioner, a Colombian national living with HIV, filed an appeal for legal protection against the Colombian Social Security Institute. The Petitioner claimed that his right to medical services was threatened when a doctor at the Cali Social Security Institute informed him that his treatment would cease in 30 days. However, medical directors at the …Read more
Pottinger v. City of Miami
Country: United StatesYear: 1992
Court: United States District Court for the Southern District of Florida
Citation: 810 F. Supp. 1551 (S.D. Fla. 1992)
Health Topics: Poverty
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to liberty and security of person, Right to property
The plaintiffs brought a class action lawsuit on behalf of themselves and about 6,000 other homeless persons against the City of Miami, Florida. They claimed that by arresting and seizing the property of the plaintiffs, the City’s police officers violated the plaintiffs’ rights under the United States and Florida Constitutions. The plaintiffs claimed that it …Read more
Rust v. Sullivan
Country: United StatesYear: 1991
Court: Supreme Court
Citation: 500 U.S. 173 (1991)
Health Topics: Health care and health services, Health information, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
In 1970, Congress enacted Title X of the Public Health Service Act (the Act), which provided federal funding for family planning services. Section 1008 of the Act prohibited the use of Title X federal funding “for programs where abortion [was] a method of family planning.” The Regulations to the Act (the Regulations), introduced by the …Read more
M.C. Mehta v. Union of India and Ors (Oleum Gas Case 3)
Country: IndiaYear: 1986
Court: Supreme Court
Citation: 1987 AIR 1086; 1987 SCR (1) 819; 1987 SCC (1) 395; JT 1987 (1) 1; 1986 SCALE (2) 1188
Health Topics: Environmental health, Poverty
Human Rights: Right to a clean environment, Right to health, Right to life
Shriram Foods and Fertiliser Plant, Delhi (Shriram) was situated amidst a population of 200,000 people. It manufactured items such as glycerin soap, and technical hard oil. The petitioner, M.C. Mehta, filed a writ petition in the Supreme Court to obtain an order for closure of the plant and its relocation to an area where it …Read more