Case 99-416 DC
Country: FranceYear: 1999
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°99-416 DC, 23 July 1999
Health Topics: Health systems and financing, Poverty
Human Rights: Right to health, Right to liberty and security of person, Right to privacy, Right to social security
The constitutionality of law n° 99-641 of July 23, 1999 Loi portant création d’une couverture maladie universelle (Act Creating Universal Health Coverage), was challenged in the Conseil Constitutionnel. The Act was structured as follows: Article 1 created universal health insurance, guaranteeing everyone care under a health insurance scheme. Low income earners were given the right …Read more
Janssen v. Germany
Country: GermanyYear: 1999
Court: European Court of Human Rights
Citation: App. No. 23959/94, 2001 Eur. Ct. H.R. 879 (2001).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Occupational health
Human Rights: Right to due process/fair trial
German applicants filed a claim alleging violation of Article 6 § 1 (right to fair trial) of the Convention by the German courts when the case their mother commenced regarding her asbestos dust-related lung disease was not heard within a reasonable amount of time. The husband of the original plaintiff, Mrs. Gretel Janssen, worked as …Read more
Case 185645, 185675, 185693, 185695
Country: FranceYear: 1998
Court: Conseil D'Etat [Council of State]
Citation: C.E., n°185645, 185675, 185693, 185695, 27 April 1998
Health Topics: Health systems and financing
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to privacy
French government issued a decree on 19 December 1996 which, according to article L.162-5-3 of the Social Security Code, requires doctors to pay back social security payment if they do not meet their expected health expenses. Doctors’ trade unions challenged this decree, on the ground that it creates a sanction towards doctors whereas they are …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
Case SU-480/97
Country: ColombiaYear: 1997
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Informed consent, Medicines
Human Rights: Freedom of association, Right to health, Right to life, Right to social security
The case combined six writs of tutela that were filed against the Institute of Social Security (ISS) into one record. The Plaintiffs were persons living with HIV who had not been able to obtain protease inhibitors to treat their HIV. The protease inhibitors sought by the Plaintiffs were antiretrovirals used in the treatment of HIV …Read more
Daljit Singh v. State of Punjab and others
Country: IndiaYear: 1997
Court: High Court - Punjab and Haryana
Citation: 1997 (116) PunLR 600
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
Mr Daljit Singh, the Petitioner, was a retired lecturer from the Government Senior Secondary School. He underwent coronary bypass surgery at a private hospital. The Petitioner submitted his medical bills in 1991, but had not received any reimbursement six years after submitting the bills. The Petitioner filed a petition in the High Court under Article …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
Joint Stock Company “Transkop”, Bitola to the Constitutional Court
Country: MacedoniaYear: 1997
Court: Constitutional Court
Citation: 77/1998-0-0
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to social security
The Joint Stock Company ‘Transkop’, Bitola (the Company), challenged two bylaws establishing conditions on the funding of treatment abroad by the Health Insurance Fund. These bylaws were the Rulebook on the conditions and manner for referring the insurees to treatment abroad (the Rulebook) and the Resolution of the Minister of Health no.02-1439/1 delivered on February …Read more
Kartar Singh Virk v. State of Punjab and Ors
Country: IndiaYear: 1997
Court: High Court - Punjab and Haryana
Citation: (1997) 116 PLR 573
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
The Petitioner, Kartar Singh Virk, a retired government employee, underwent a by-pass surgery. His request to the Deputy Commissioner for reimbursement of medical expenses incurred was repeatedly rejected. The Petitioner filed the petition in the Punjab and Haryana High Court under Article 226 of the Constitution of India (original jurisdiction of High Courts). The Court …Read more
Case 1995-080f
Country: BelgiumYear: 1995
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1995-080f, 14 December 1995
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Freedom of association, Right to due process/fair trial, Right to property
The petitioners challenged Article 28 of the law dated March 30, 1994, which instituted a system intended to guarantee the claims of the National Institute for Health an Disability Insurance (“INAMI”) on clinical pathology laboratories. The provisions at issue “[allowed] the health treatment Service of INAMI to require insuring organizations to retain the amounts that …Read more