Afdeling Bestuursrechtspraak van de Raad van State [Administrative Jurisdiction of the Council of State], 11 October 2006, nr200600633/1, LJN:AY9897
Country: NetherlandsYear: 2006
Court: Afdeling bestuursrechtspraak van de Raad van State (Administrative Jurisdiction Department of the Council of State)
Citation: 11 October 2006, nr200600633/1, LJN:AY9897
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Medicines, Public safety, Sexual and reproductive health
According to the Benefit Entitlement Act (“BEA”), health care providers who offer medically necessary care to illegal immigrants must be compensated for their expenses. To achieve this, the BEA increased the budget of the Ministry of Health, Welfare and Sports (“the Ministry”). Instead of managing the compensation fund itself, the Ministry appointed the Foundation Koppeling …Read more
Applicant v. The Central Agency for the Reception of Asylum Seekers [Rechtbank’s Gravenhage, zittingplaats Amsterdam [District Court of Gravenhage, sitting at Amsterdam], 25 August 2006, LJN:AZ2923]
Country: NetherlandsYear: 2006
Court: District Court of Gravenhage
Citation: LJN:AZ2923
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Mental health, Poverty
Human Rights: Right to health, Right to housing
The Applicant was a multi-handicapped child suffering from “Down Syndrome, a congenital heart defect and a delayed thyroid disorder”. He was being treated for his condition and, in the absence of treatment, it was expected that his physical and mental condition would deteriorate. Applicant had applied for a grant of residence, which was denied by …Read more
Chávez Alvarado, Susana y otras v. el Ministerio de Salud
Country: PeruYear: 2006
Court: Constitutional Court of Peru
Citation: Tribunal Constitucional [Constitutional Court] Nov. 13, 2006, Sentencia 7435-2006-PC/TC (Peru).
Health Topics: Health care and health services, Health information, Health systems and financing, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to bodily integrity, Right to family life, Right to health, Right to life
In 2001, Peru’s Department of Health approved the emergency oral contraceptive and resolved to provide it at no charge throughout the nation. Following cases of repeated noncompliance with this resolution, plaintiffs initiated this legal action to enforce compliance. Specifically, the petitioners asserted that the mandates whose compliance they were demanding were: (1) To ensure a …Read more
Covarrubias v Canada (Minister of Citizenship and Immigration)
Country: CanadaYear: 2006
Court: The Federal Court of Appeal
Citation: 2006 FCA 365
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom of movement and residence, Right to health, Right to life
The appellants were Mexican citizens who arrived in Canada and made a claim for refugee protection. Before their claim was heard, the male appellant was diagnosed with end-stage renal failure and was immediately put on life-sustaining hemodialysis treatment. The Immigration and Refugee Board (‘Board’) denied their claim for refugee protection. Among other findings, the Board …Read more
National Institute of Social Security (INSS) v. Santos
Country: BrazilYear: 2006
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: National Institute of Social Security (INSS) v. Santos Al-AgR 47097/ SP, Supremo Tribunal Federal [Federal Supreme Court] (2006).
Health Topics: Health care and health services, Poverty
Human Rights: Right to health
The National Institute of Social Security filed an interlocutory appeal with basis in the Code of Civil Procedure and the bylaws of the Federal Supreme Court against the decision upheld by this same court in September 2005 which stated that the matter in discussion did not directly offend the Constitution and required the re-examination of …Read more
Pramod Bhagwan Nayak v. State of Gujarat
Country: IndiaYear: 2006
Court: High Court - Gujarat
Citation: (2007) 1 GLR 796
Health Topics: Child and adolescent health, Health care and health services, HIV/AIDS, Infectious diseases, Poverty, Prisons, Public safety, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
The petitioner was challenging an order of detention for allegedly engaging in trafficking of women and girls. The grounds of the order were that petitioner was an “immoral traffic offender” which is “a person who habitually commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, …Read more
Reynoso, Nilda Noemí v. I.N.S.S.J.P.
Country: ArgentinaYear: 2006
Court: Supreme Court of Justice [Corte Suprema de la Nación Argentina]
Citation: R. 638. XL
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Mental health, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
The Petitioner, an elderly woman with diabetes, filed an action of amparo against the I.N.S.S.J.P, a public entity devoted to the provision of public health insurance to retired people. She requested the judiciary to order the Respondent to provide her 100U of human insulin, reactive tape and disposable syringes, as well as the medicine “Ampliactil” …Read more
Rodríguez, Karina Verónica v. Estado Nacional et. al.
Country: ArgentinaYear: 2006
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: R. 1148. XLI
Health Topics: Child and adolescent health, Diet and nutrition, Poverty
Human Rights: Right to food
Plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Province of Buenos Aires and the Federal State alleging that, due to omissions attributable to both states, her children suffered from malnutrition. She requested that the Court issue a provisional measure ordering the respondents to promptly satisfy the most basic nutritional and …Read more
Sesana v. Attorney General
Country: BotswanaYear: 2006
Court: High Court - Lobatse
Citation: Misca. No. 52 of 2002
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Infectious diseases, Informed consent, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to participation, Right to property
In March 2002, the Botswana Government terminated certain basic services to the Central Kalahari Game Reserve (CKGR), including access to: Drinking water; Maintenance of borehole water; Rations to registered destitute; Rations to registered orphans; Transport for the applicants’ children to and from school; and Healthcare to the applicants through mobile clinics and ambulance services. The …Read more
Dbeis and Ors. v. Secretary of State for the Home Department
Country: United KingdomYear: 2005
Court: Court of Appeal, Civil Division
Citation: [2005] All ER (D) 283 (May); [2005] EWCA Civ 584
Health Topics: Chronic and noncommunicable diseases, Health care and health services
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to education, Right to family life
The case was brought by a Lebanese citizen who had come to the UK in order to seek asylum for herself and her two children on the basis of persecution for her religious beliefs. Her claim for asylum on this ground was rejected, but she challenged her removal on the basis that removal would result …Read more