R v Parenzee
Country: AustraliaYear: 2007
Court: Supreme Court South Australia (Court of Criminal Appeal)
Citation: [2007] SASC 316
The appellant, Mr. Parenzee, had filed an application seeking permission to appeal against the decision of the trial Judge before the Full Bench of the Supreme Court of South Australia. The ground for the appeal as put by the appellant was a miscarriage of justice caused by the absence of a piece of evidence at …Read more
Nand Kishore Sharma and Ors. vs. Union of India and Anr.
Country: IndiaYear: 2006
Court: High Court of Rajasthan
Citation: AIR 2006 Raj 166, 2006 WLC Raj UC 411
The petitioner, a social activist, filed a writ petition to challenge the constitutionality of the Medical Termination of Pregnancy Act, 1971. Specifically, the petitioner alleged that Section 3(2) (a) and (b), and Explanations 1 and 2 which allow termination of pregnancy in exceptional cases after receiving the opinion of the registered medical practitioner, violated the …Read more
Ortiz, Ana María v. Ministerio de Salud de la Nación et. al.
Country: ArgentinaYear: 2005
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: O. 584. XXXVIII.
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) with the Federal First Instance Court against the Province of Buenos Aires and the State for them to provide comprehensive coverage for her sclerosis multiple treatment because she didn’t have the economic resources to afford the medicine. The State provided her 3 boxes …Read more
Barría, Mercedes Clelia v. Provincia de Chubut et al.
Country: ArgentinaYear: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 2207. XXXIX.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
The plaintiffs, Mercedes Clelia Barria and Juan Carlos Figueroa, filed a guarantee of protection of individual constitutional rights (amparo protection) and a precautionary measure against the Government of the Province of Chubut and the National Government, both responsible for the Federal Health Program (a , to obtain the continuation of the medical treatment which was essential …Read more
Paulini, Héctor Daniel et al. v. Provincia de Buenos Aires et. al.
Country: ArgentinaYear: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 952. XXXVIII.
Health Topics: Child and adolescent health, Disabilities, Health care and health services
Human Rights: Right to health, Right to social security
The plaintiffs filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance of the Province of Buenos Aires (IOMA), and subsequently, the Province of Buenos Aires and the National State to provide health coverage for their underage son who was disabled. The plaintiffs argued that as the health insurance company …Read more
Pizzi, Marcelo Daniel v. Ministerio de Salud de la Nación et al.
Country: ArgentinaYear: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 418. XXXVIII.
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health and the Province of Buenos Aires to obtain coverage for the medical treatment that he required. The case was brought by the Federal Court of Appeals to the Supreme Court of Justice because it understood that it …Read more
Portal de Belén v. Ministerio de Salud y Acción Social
Country: ArgentinaYear: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 709. XXXVI.
Health Topics: Sexual and reproductive health
Human Rights: Right to life
The plaintiff, a non profit organization that defended the life of children, filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Ministry of Health and Social Service calling for the prohibition of the manufacture and distribution of an emergency contraceptive pill called “Inmediat” for its alleged “abortive effects”. The First …Read more
Capizzano de Galdi, Concepción v. I.O.S [Instituto de Obra Social]
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 646. XXXVI.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
The plaintiff, Maria Constantina Capizzano de Galdi, filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Welfare Institute (“Instituto de Obra Social”) in order to restore the medical service that was no longer offered to her. The plaintiff’s medical services were suspended by the respondent by a resolution for failure …Read more
T., S. v. Gobierno de la Ciudad de Buenos Aires
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: T. 421. XXXVI.
Health Topics: Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against a public hospital in the city of Buenos Aires, to obtain the termination of a pregnancy because the fetus was anencephalic (a baby born with an underdeveloped brain and an incomplete skull), which was denied by the hospital. Abortions are illegal in …Read more
Nowinski, Elsa Alicia s/inconstitucionalidad artículo 16 de la ley 6982
Country: ArgentinaYear: 1999
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: N. 36. XXXII.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom of association, Right to health, Right to property, Right to social security
The plaintiff filed a claim arguing the constitutionality of article 16 of the law no.6982, which required retirees and pensioners who previously received health services from the Institute of Social Welfare to change their affiliation to the Institute of Medical Assistance IOMA (a health provider). The plaintiff claimed that this law violated articles 14, 17, 28, 33, …Read more