González, Raúl Osvaldo v. Programa Incluir Salud (PROFE) – Ministerio de Salud de la Provincia de Buenos Aires
Country: ArgentinaYear: 2013
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 53 .XLIX.
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health of Buenos Aires for it to provide a cardioverter defibrillator and cardiac resynchronisation that was prescribed for his disease (dilated cardiomyopathy), and at the same time filed for a precautionary measure so the cardioverter defibrillator and cardiac …Read more
Kurić and Others v. Slovenia
Country: SloveniaYear: 2012
Court: European Court of Human Rights
Citation: Application No. 26828/06
Health Topics: Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to acquire nationality, Right to family life, Right to privacy
The eight applicants had previously been citizens of both the former Yugoslavia and one of its constituent republics other than Slovenia. They had acquired permanent residence in Slovenia, but, following its independence, had either not requested Slovenian citizenship or had had their application refused. On 26 February 1992, pursuant to the newly enacted Aliens Act, …Read more
Stanev v. Bulgaria
Country: BulgariaYear: 2012
Court: European Court of Human Rights
Citation: Application no. 36760/06
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Mental health, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
S, an adult male diagnosed with schizophrenia, lived for many years with his half-sister and step-mother, his closest living relatives, before they applied in 2000 to the Ruse Regional Court to have S declared legally incapacitated. The court declared S only partially incapacitated. S’s family refused to accept guardianship for S, and the court instead …Read more
Case 0028-10-TI
Country: EcuadorYear: 2011
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 0028-10-TI, July 22, 2010
Health Topics: Disabilities, Health care and health services, Health systems and financing, Occupational health, Sexual and reproductive health
Human Rights: Right to health, Right to social security
This case was a review of the constitutionality of the Agreement on Social Security signed between the governments of Spain and Ecuador, to provide nationals working in the companion State with the same benefits as they would receive in their home country. In Spain’s case, this required provision for temporary disability during mass outbreaks of …Read more
Case 179/2011
Country: UruguayYear: 2011
Court: Tribunal Apelaciones Civil 4ºTº
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
Appellant Ministry of Public Health (“MSP”) refused to provide the medicine CETUXIMAB to the plaintiff, arguing that, although it was obligated to ensure public health, it had no legal power to dispense medication directly to the population and that its refusal to provide the medicine was also consistent with the fact that the drug was …Read more
Case 3-4-1-11-10
Country: EstoniaYear: 2011
Court: Supreme Court
Citation: 3-4-1-11-10; Request no. 6 of 28 October 2010 of the Chancellor of Justice
Health Topics: Child and adolescent health, Health systems and financing
Human Rights: Freedom from discrimination, Right to family life, Right to social security
The Tallinn City Council adopted new regulations on the payment of social benefits to parents of newly born children. The new regulations imposed requirements that a) both parents residents of Tallinn and one of them was a resident for at least a year before the birth, b) the social benefits are paid in two parts, …Read more
Case 393/2011
Country: UruguayYear: 2011
Court: Second Chamber of the Court of Civil Appeals [Tribunal de Apelaciones en lo Civil de Segundo Turno]
Citation: Decision No. 393/2011, 2nd Chamber of the Court of Civil Appeals, Montevideo, December 21, 2011.
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines
Human Rights: Right to health
This case was an appeal brought by the National Monetary Fund (“FNR”, for its initials in Spanish) in a protection action before the Second Chamber of the Court of Civil Appeals. The action was brought against Resolution No. 67, which had found for the claimant, determining that coverage for the drug “NEXAVAR-DROGA SORAFENIB”, should be …Read more
Case AI 840928/SP
Country: BrazilYear: 2011
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: AI 840928/SP,
Health Topics: Health care and health services
Human Rights: Right to health, Right to social security
The State of São Paulo filed an interlocutory appeal against the decision of the lower court (Tribunal de Justicia del Estado de São Paulo) that recognized the Public Prosecutor’s Office as a legitimate party to bring civil actions to protect “unavailable individual interests.” The state argued that the decision contravened articles 129 (institutional functions of the …Read more
Case D-358/2009
Country: BelarusYear: 2011
Court: Constitutional Court
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to education, Right to favorable working conditions, Right to food, Right to health, Right to housing, Right to social security, Right to work
Exercising its obligatory preliminary control powers, the Constitutional Court of the Republic of Belarus considered the constitutionality of the Law of the Republic of Belarus on Making Alterations and Addenda to Certain Laws of the Republic of Belarus on Social Protection of the Disabled People (the Law). The law made amendments and additions to previous …Read more
Miró, María del Rosario v. IOSPER
Country: ArgentinaYear: 2011
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 466. XLVI.
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Mental health
Human Rights: Right to development, Right to education, Right to life, Right to social security
The plaintiff brought the case to the First Instance Court of Paraná [Juzgado de Instrucción n° 7 de Paraná] aginst the Helath Insurance Institute of Entre Ríos [Instituto de Obra Social de la Provincia de Entre Ríos – IOSPER] because it refused to provide comprehensive coverage to the autism treatment that the plaintiff’s son needed. …Read more