Case 2003-040f
Country: BelgiumYear: 2003
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2003-040f, 9 April 2003
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to work
Tags: Health care professionals, Health care workers, Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Case 26/2003-R
Country: BoliviaYear: 2003
Court: Constitutional Tribunal [Tribunal Constitucional]
Citation: Ana María Romero de Campero, Defensora del Pueblo v. Máximo García Bonilla, et al., General Manager of Health
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life, Right to social security
The applicant ombudsman, representing N.N., brought an action against the President and General Auditor of the Supreme Court of Military Justice, and against the General Manager and Manager of Health of Military Social Security Corporation (COSSMIL). The applicant alleged that by denying N.N. a right to medical treatment, his right to health, life and social …Read more
Case of Van Kuck v. Germany
Country: GermanyYear: 2003
Court: The European Court of Human Rights
Citation: Applications no. 35968/97
Health Topics: Health care and health services, Health systems and financing, Medicines, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
The applicant instituted proceedings before the District Court to change her forename to Carola Brenda. The District Court held that the conditions under the Transsexuals Act were met and granted the request in 1991. In 1992, the applicant brought an action against a German health insurance company. She claimed reimbursement for hormone therapy and sex-reassignment …Read more
Díaz, Brígida v. Provincia de Buenos Aires et al.
Country: ArgentinaYear: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación]
Citation: D.2031.XXXVIII
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health
Brigida Díaz was told by her doctors that she urgently needed surgical intervention to replace her pacemaker. Her original pacemaker had been covered by a social welfare scheme, and she had used these funds to replace it once. However, by the time she was told that her pacemaker needed to be replaced a second time, …Read more
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
International Association Autism Europe v. France
Country: FranceYear: 2003
Court: The European Committee of Social Rights
Citation: Case No. 13/2002
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to education
The complainant alleged that France is failing to adhere to its obligations under the European Social Charters. They stated that children and young adults did not have adequate access to educational services. Further, it was alleged that the provisions for early intervention, teacher training, funding and accessibility of mainstream education was insufficient. It was also …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
Sunil Dixit v. Australia
Country: AustraliaYear: 2003
Court: United Nations Human Rights Committee
Citation: U.N. Doc. CCPR/C/77/D/978/2001 (Apr. 28, 2003).
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to acquire nationality, Right to due process/fair trial, Right to privacy
The author challenges the refusal of his visa application as a violation of his right to equality before the law as provided for in article 26 (equal before law) of the International Convenant on Civil and Political Rights (the Covenant) in addition to article 2, paragraph 3, (right to remedy); article 14, paragraph 1 (right …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