Aydin v. Turkey
Country: TurkeyYear: 1998
Court: European Court of Human Rights
Citation: App. No. 23178/94, 25 Eur. H.R. Rep. 251 (1998).
Health Topics: Child and adolescent health, Hospitals, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The applicant was a 17-year old Turkish national of Kurdish origin girl who lived with her parents in a village in south-east Turkey. Since 1985 serious disturbances had raged in this part of the country between the security forces and the members of a Kurdish separatist party. Turkey claimed that these had resulted in the deaths …Read more
Policlínica Privada de Medicina y Cirugía S.A. v. Municipalidad de la Ciudad de Buenos Aires
Country: ArgentinaYear: 1998
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 169.XXXIII
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to housing, Right to social security
Policlínica Privada de Medicina y Cirugía S.A. (Policlínica) brought aguarantee of protection of individual constitutional rights (amparo protection) against the resolution of the Health Secretary of the then Municipality of the City of Buenos Aires. Policlínica had sought to transfer a minor, who was receiving intensive care treatment in the Petitioner’s premises, to a public hospital. The minor …Read more
R (on application of S) v. Louize Collins and Ors.
Country: United KingdomYear: 1998
Court: Court of Appeal, Civil Division
Citation: [1998] EWCH Admin 490
Health Topics: Health care and health services, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
A 36 weeks-pregnant woman, referred to as “MS”, sought care as a new patient at a local National Health Service (NHS) practice on 25th April 1996. She previously had not sought any ante-natal care. She was quickly diagnosed with pre-eclampsia, a condition threatening the life and health of both her and her baby. She rejected …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
State of Punjab v. Ram Lubhaya Bagga
Country: IndiaYear: 1998
Court: Supreme Court
Citation: (1998) 1 SCR 1120
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life, Right to social security
Government employees and pensioners of the State of Punjab were the beneficiaries of a policy (the Policy) for reimbursement of medical expenses, which was adopted in February 1995, authorising treatment outside Punjab at rates determined by the State Medical Board. The Policy replaced an older Policy of the state government. An employee of the Punjab …Read more
Eldridge v. British Columbia (Attorney General)
Country: CanadaYear: 1997
Court: Supreme Court
Citation: [1997] 3 S.C.R. 624
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination
Robin Eldridge, John Warren, and Linda Warren were each born deaf. They alleged that the provincial government of British Columbia’s failure to provide funding for sign language interpreters for deaf persons when they received medical services violated the right to equality contained in s. 15(1) of the Canadian Charter of Rights and Freedoms. Medical …Read more
Case 1316B/1995
Country: HungaryYear: 1996
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health
A petition was filed challenging the constitutionality of Section 24 Paragraph 4 of Government Decree 103/1995 (VIII. 25.) on Certain Issues of Social Security Funding of Health Care and its Annex No. 6. It was argued that as a result of these provisions, equal in patient care as a constitutional right, was violated. Financing was …Read more
Paschim Banga Khet Mazdoorsamity v. State of West Bengal and Anr
Country: IndiaYear: 1996
Court: Supreme Court
Citation: 1996 SCC (4) 37; JT 1996 (6) 43; 1996 SCALE (4) 282
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Poverty
Human Rights: Right to health, Right to life
The Applicant, Hakim Seikh, fell from a train one evening and suffered severe head injuries. He approached, and was turned away from, six different hospitals during the course of this evening. Hakim eventually spent Rs. 17,000.00 for treatment at the Calcutta Medical Research Institute. The hospitals kept turning him away because they claimed not to …Read more
State of Punjab and Ors. v. Mohinder Singh Chawala
Country: IndiaYear: 1996
Court: Supreme Court
Citation: CIVIL APPEAL NOS.16980-81 OF 1996
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Mohinder Singh (the Respondent) had a heart ailment, the treatment for which was not available in the State of Punjab. After obtaining the requisite permission, he received the appropriate treatment from All India Institute of Medical Sciences (AIIMS), New Delhi, a state run hospital. On submitting the bills for reimbursement, bills for room rent paid …Read more
Surjit Singh v. State of Punjab and others
Country: IndiaYear: 1996
Court: Supreme Court
Citation: 1996 AIR 1388; 1996 SCC (2) 336; JT 1996 (2) 28; 1996 SCALE (1)648
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to life
Surjit Singh, the Appellant, developed a heart condition when he was the Deputy Superintendent Police. While on leave to visit his son in England, the Appellant had to be admitted into a hospital for by-pass surgery. On returning to India, he submitted his medical bills for reimbursement. The State of Punjab, the Respondent, had agreed …Read more