Public Prosecutor’s Office of the State of São Paulo v. Attorney General of the State of São Paulo
Country: BrazilYear: 2011
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Public Prosecutor's Office of the State of São Paulo v. Attorney General of the State of São PauloAC 2836/SP, Supremo Tribunal Federal [Federal Supreme Court] (2011).
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
A defendant in a rape case petitioned a writ of Habeas Corpus before the Federal Supreme Court against the Court of Appeals decision because the survivor refused to be subject to physical exam and the jurisprudence gives extra weight to witness evidence in absence of such exam. The second argument was that the Court of …Read more
Case 09-14679
Country: FranceYear: 2010
Court: Cour de cassation [Court of Cassation]
Citation: Cass. civ II, n°09-14679, 20 May 2010
Health Topics: Health systems and financing, Poverty
Human Rights: Right to social security
Mrs. X operated a dog breeding company, and was a beneficiary of the minimum insertion income (an income for those that make below a certain amount) since 1 October 2006. This qualified her to request the complementary health protection. She did not request the health protection as she was covered by her husband’s social regime. …Read more
Case 108-2010-R
Country: BoliviaYear: 2010
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
A constitutional amparo (writ of injunctive relief) petition was brought the petitioner on behalf of his minor daughter against the Department Director of the Sexually Transmitted Infections/A.I.D.S. (“STI/AIDS”) Program, alleging violations of his daughter’s rights to life, to health, to “legal certainty,” and to petition, as guaranteed by the Bolivian Constitution. The petitioner’s daughter lived …Read more
Case AI 773049/RS
Country: BrazilYear: 2010
Court: Federal Supreme Court
Citation: AI 773049/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics: Medicines, Poverty
Human Rights: Right to health, Right to life
The Superior Court of Justice found that the State of Rio Grande do Sul had the obligation of providing the plaintiff in the case with medication free of charge because the plaintiff could not afford it. The court founded its decision on the constitutional rights to life, health, and human dignity.The state refused to comply …Read more
Case AI 826577/RS
Country: BrazilYear: 2010
Court: Federal Supreme Court
Citation: AI 826577/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics: Health care and health services, Medicines, Mental health, Poverty
Human Rights: Right to health, Right to life
The Court of Justice found that the State of Rio Grande do Sul was responsible for providing medications, free of charge, to those who need them but are unable to afford them. In accordance with in accordance with Article 196 (right to health) and 23 (state and federal governments’ obligations to provide for health and …Read more
Case T-310/10
Country: ColombiaYear: 2010
Court: Colombian Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Primera de Revisión abril 30, 2010, M.P.: María Victoria Calle Correa, Sentencia T-310/10 (Colom.).
Health Topics: Health care and health services, Health systems and financing, Poverty, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to development, Right to health, Right to social security
25-year-old Petitioner brought a legal protection action before the Municipal Court of Santa Rosa de Osos against Coomeva EPS for refusing to cover the labiaplasty surgery prescribed by her doctor to treat her condition, labia minora hypertrophy. Petitioner was unable to fully cover the procedure and therefore, claimed that the denial of coverage constituted a …Read more
Case T-974/10
Country: ColombiaYear: 2010
Court: Constitutional Court
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Séptima de Revisión de Tutelas noviembre 30, 2010, M.P.: Jorge Ignacio Pretelt Chaljub, Sentencia T-974/10 (Colom.).
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Mental health, Poverty
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to education, Right to health
The applicant, a Colombian woman, tutela action (appeal for legal protection) on behalf of her daughter against EPS Coomeva, a health care provider in Colombia. The child was diagnosed with cognitive disabilities, which required, according to the Fundación Integrar de Medellín, an institution specialized in the care of patients, that the child receive special education …Read more
Omeredo v. Austria
Country: AustriaYear: 2010
Court: The European Court of Human Rights
Citation: App. No. 8969/11
Health Topics: Poverty, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to health
Ms Omeredo fled Nigeria in May 2003 to escape her village’s custom of female genital mutilation (FGM) and applied for asylum in Austria. The Federal Asylum Office and the Asylum Court rejected her application on the same grounds, namely that the applicant was expected to make use of the state’s protection by fleeing within Nigeria …Read more
Oyal v. Turkey
Country: TurkeyYear: 2010
Court: European Court of Human Rights
Citation: App. No. 4864/05, Eur. Ct. H.R. (unpublished) (2010).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice, Poverty
Human Rights: Right to due process/fair trial, Right to life
The primary applicant, the child of the second two applicants, was born prematurely and diagnosed with an “inguinal and umbilical hernia.” The child required a number of blood and plasma transfusions during the first two months of life, and the applicant parents purchased the required blood and plasma quantities from the Turkish Red Cross. Four …Read more
R.M. v Attorney General, et al.
Country: KenyaYear: 2010
Court: Nairobi High Court
Citation: [2010] eKLR; Petition 705 of 2007
Health Topics: Poverty, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
RM was born a hermaphrodite/intersexual and was raised as male. His birth was not registered at the time, which caused RM difficulties later in life as he was not in consequence recognised by the State for employment, marriage or other legal reasons. RM was later convicted of an offence of robbery with violence and sentenced …Read more