Case 857/B/2005 AB
Country: HungaryYear: 2010
Court: Constitutional Court
Health Topics: Aging, Health systems and financing
Human Rights: Right to health, Right to social security
Petitioner sought a declaration that a certain provision of a government decree regulating minimum pension amounts was unconstitutional because it (a) regulated a fundamental right which could only be done by statute and (b) provided a social security benefit too low to maintain human dignity, which was guaranteed by the Constitution.
Case 95
Country: RomaniaYear: 2010
Court: National Council for Combating Discrimination
Citation: Decision No. 95 of 9 June 2010
Health Topics: Aging, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
The petitioner, the National Council for Combating Discrimination, alleged that Order No. 1352/2009 (the” challenged order”) issued by the Ministry of Health, the defendant, violated the paragraph 1 of Article 1 and Article 10, pt (b) of Governmental Ordinance No. 137/2000, which prevented and sanctioned all forms of discrimination. The petitioner claimed that the challenged …Read more
Case T-310/10
Country: ColombiaYear: 2010
Court: Colombian Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Primera de Revisión abril 30, 2010, M.P.: María Victoria Calle Correa, Sentencia T-310/10 (Colom.).
Health Topics: Health care and health services, Health systems and financing, Poverty, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to development, Right to health, Right to social security
25-year-old Petitioner brought a legal protection action before the Municipal Court of Santa Rosa de Osos against Coomeva EPS for refusing to cover the labiaplasty surgery prescribed by her doctor to treat her condition, labia minora hypertrophy. Petitioner was unable to fully cover the procedure and therefore, claimed that the denial of coverage constituted a …Read more
Giuliani, Celia v. Dincros S.A.
Country: ArgentinaYear: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 221. XLVI. COM
Health Topics: Aging, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
The plaintiff, an elder woman, filed a guarantee of protection of individual constitutional rights (amparo protection) against Dincros S.A for the cessation of the health coverage that left her with no medical coverage because no other health insurance wanted to provide medical services to her and to order the incorporation to another health insurance company …Read more
H.R. v. Försäkringskassan
Country: SwedenYear: 2010
Court: Supreme Administrative Court
Citation: RÅ 2010 ref. 52, Målnummer: 1201-09
Health Topics: Health systems and financing
Human Rights: Freedom of movement and residence, Right to health, Right to social security
H.R’s partner became acutely ill during her temporary residency in Great Britain. H.R. travelled to Great Britain to support and care for her whilst she was in hospital. He was the only family member present for multiple surgeries to treat his partner’s life-threatening cancer. This required significant and costly travel for H.R. Upon returning to …Read more
Ministry of Health v. Atkinson
Country: New ZealandYear: 2010
Court: High Court
Citation: [2010] NZHC 1216
Health Topics: Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
In 2010, the New Zealand Human Rights Tribunal (the Tribunal) declared that the New Zealand government’s policy that excluded relatives of disabled persons from receiving public payments for providing home-care disability services (the Policy) was discriminatory and thus, violated s 19 of the New Zealand Bill of Rights Act (NZBoRA). The Tribunal’s declaration was challenged …Read more
Stamen Filipov and Biljana Zhivkovska to the Constitutional Court
Country: MacedoniaYear: 2010
Court: Constitutional Court
Citation: 109/2009-0-1
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health, Right to social security
The Petitioners, Stamen Filipov and Biljana Zhivkovska, challenged a provision excluding certain health services from the Law on Health Insurance (the Law). Article 9 of the Law specified certain services that would be paid for under a compulsory health insurance scheme administered by the Health Insurance Fund (the Fund). Article 10 specified certain services that …Read more
Subasic v. Croatia
Country: CroatiaYear: 2010
Court: European Court of Human Rights
Citation: Application No. 49740/06; [2010] ECHR 604
Health Topics: Child and adolescent health, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property, Right to social security
In August 1998, Maja Šubašić, a Croatian national, gave birth prematurely to twin girls while visiting Athens. As a result, her daughters had to be hospitalized in Athens for three months. In October, the Croatian Health Insurance Fund reimbursed Mrs. Šubašić for the costs of her own medical treatment. In April 1999, however, the Fund …Read more
Wistrand v. Riksförsakringsverket
Country: SwedenYear: 2010
Court: Supreme Administrative Court
Citation: RÅ 2010 ref. 52, Målnummer: 1201-09
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom of movement and residence, Right to health, Right to work
In 1999, Mr. Wistrand, a Swedish man, obtained an alternative and promising form of rectal cancer treatment in France because this treatment was not yet available in Sweden. Upon his return in 2000, his local Social Insurance Board denied his request for compensation for his medical costs because the treatment did not occur in Sweden. …Read more
Case 0012-09-SIS-CC, Case 0007-09-IS
Country: EcuadorYear: 2009
Court: Constitutional Court [Corte Constitutcional]
Citation: Corte Constitucional Judgment N. 0012-09-SIS-CC, Case No. 0007-09-IS, October 8, 2009.
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to social security
This case addressed an individual’s right to health care and reimbursement for health services from the National Social Security Institute (Instituto Ecuatoriano de Seguridad Social, IESS) as a type of retirement benefit. The action was specifically filed against Econ. Fernando Guijarro Cabezas, General Director of IESS. This case was filed against Ecuador’s Social Security Institute …Read more