Idryma Koinonikon Asfaliseon (IKA) v. Vasilios Ioannidis
Country: GreeceYear: 2003
Court: European Court of Justice
Citation: C-326/00
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom of movement and residence, Right to social security
During his stay in Germany, Mr. Ioannidis, a resident of Greece, was admitted to a clinic to undergo a catheterization with a heart catheter for pains in his thorax due to angina pectoris. Mr. Ioannidis had an old-age pension from the social security organization IKA. Mr. Ioannidis requested the German sickness fund to pay for …Read more
Joined cases of Müller-Fauré and van Riet v Onderlinge Waarborgmaatschappij UA
Country: NetherlandsYear: 2003
Court: European Court of Justice
Citation: Case C-385/99
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to social security
This case concerns a referral from the Centrale Raad van Beroep (the Netherlands Court of Appeal) to the European Court of Justice from two conjoined cases for the correct interpretation and application of Articles 59 and 60 of the EC Treaty (which relate to the freedom of services throughout the EU). Both cases concern Dutch …Read more
Sanjeewa, Attorney-at-Law (on behalf of Gerald Mervin Perera) v. Suraweera, Officer-in-Charge, Police Station and Others
Country: Sri LankaYear: 2003
Court: Supreme Court
Citation: S.C. No. 328/2002 (FR)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The Petitioner was arrested by the police on the mistaken identity as one “Gerrad” who was suspected of having committed a murder. The first Respondent was the Officer-in-charge of the police station while the others were subordinate officers and the 8th Respondent was the Inspector-General of Police. The Petitioner had been taken to the Wattala …Read more
T.V. Rajagopala Rao v. Additional Director of the Central Government Health Scheme
Country: IndiaYear: 2003
Court: High Court - Andhra Pradesh
Citation: 2003 (3) ALD 476; 2003 (3) ALT 632
Health Topics: Chronic and noncommunicable diseases, Health information, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Petitioner had health coverage under the Central Government Health Scheme (CGHS). On January 4, 2000, the petitioner learned that he had blocked arteries and was advised to go to Yashoda hospital, which was a recognized referral hospital under the CGHS. At Yashoda hospital he was instructed to have bypass surgery. After consulting with many doctors, …Read more
Van Kück v. Germany
Country: GermanyYear: 2003
Court: European Court of Human Rights
Citation: Application No. 35968/97; (2003) 37 EHRR 51
Health Topics: Health care and health services, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
The applicant was registered as a male at birth. In 1991, The District Court granted the applicant’s request to change her forenames to Carola Brenda after hearing from several psychiatric and psychological experts who determined that the applicant was a male-to-female transsexual and had been for the last three years living as a female. In …Read more
Case 1-13/2002
Country: UkraineYear: 2002
Court: Constitutional Court
Citation: Case No. 1-13/2002, Ukraine (Constitutional Ct. 2002)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
The People’s Deputies of Ukraine requested the Constitutional Court to issue an official interpretation of Article 49 paragraph 3 of the Constitution of Ukraine which states “in state and communal health protection, institutions medical care is provided free of charge.” Article 93 paragraph 1 of the Law of Ukraine empowers the People’ Deputies to bring …Read more
Case 2002-026f
Country: BelgiumYear: 2002
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2002-026f, 30 January 2002
Health Topics: Health systems and financing, Medical malpractice
Human Rights: Freedom from discrimination, Right to due process/fair trial
A medical provider was accused of having provided unnecessary medical services paid for by the mandatory healthcare and benefits insurance regime of Belgium, in violation of Article 73 of the Law relating to mandatory healthcare and benefits insurance (“Healthcare Law”), which prohibited the provision of unnecessarily expensive or superfluous services. The medical provider contested the …Read more
Case 2002-034f
Country: BelgiumYear: 2002
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C.C., n°2002-034f, 13 February 2002
Health Topics: Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
Tags: Access to health care, Access to treatment, Disabled, Handicapped, Physically challenged, Reimbursement, Social security
Ex. Const. Badan Singh v. Union of India and Anr.
Country: IndiaYear: 2002
Court: High Court - Delhi
Citation: 2002 VIIIAD Delhi 553; 97 (2002) DLT 986
Health Topics: Disabilities, Health systems and financing, HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
The Petitioner, Ex. Const. Badan Singh, was an employee of the Border Security Force (BSF). While in employment he found out that he was living with HIV. Being considered unfit for employment by the Medical Board and the competent authority, he was discharged from service with a 70% disability. The Petitioner filed the petition in …Read more
Nitecki v. Poland
Country: PolandYear: 2002
Court: European Court of Human Rights
Citation: Application No. 65653/01
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
Applicant Mr. Zdzislaw Nitecki was a Polish national diagnosed with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, in 1976. In June 1999, he was prescribed the drug Rilutek to treat his ALS. He appealed to the Kujawsko-Pomorski Health Insurance Fund (“Fund”) to reimburse his out-of-pocket costs, noting that, as a pensioner, he …Read more