The claimant, Mr. Oscar Fontes, brought a protection action against the Ministry of Public Health (the “Ministry”) for its failure to provide him with the drug Cetuximab, as prescribed by his doctor for treatment of colon cancer. The drug was not included on the Therapeutic Drug Registry, and the Ministry denied his request. The claimant …Read more

The applicants were two, non-authorized physicians registered with the Saint-Vincent-Sainte-Elisabeth Hospital Center. Non-authorized physicians, unlike authorized physicians, work in private settings and do not fall within the public national healthcare system. The applicants challenged the constitutionality of Article 46 of a 2006 law passed on health provisions, in that it treated authorized and non-authorized doctors …Read more

The applicant pharmaceutical company , which marketed cheaper, generic drugs, brought forward a claim against the “Institut national d’assurance maladie-invalidité” (National Institute for Health and Disability Insurance). The lower court referred a question to the Constitutional Court about whether Article 191 of the law concerning compulsory health insurance and benefits violated the principle of equality, …Read more

Julio César Bravo Villata, a minor, was a beneficiary of the Guatemalan Social Security Institute.  He suffered from cerebral paralysis due to a respiratory arrest that occurred at the time of birth (a “congenital defect”) and his parents were told that once the child turned five, his treatment would be suspended. The Board of Directors …Read more

This case was filed by the Human Rights Ombudsman of Guatemala acting on behalf of patients who suffer from vitiligo, psoriasis, fungoid mycosis, alopecia, lichen planus, uremic pruritus, and sclerodermas, against the Board of Directors of the Guatemalan Social Security Institute. He argued that the patients were informed that the company that was providing services …Read more

The appellant, a beneficiary of defendant public health institution Health Service of Castilla-La Mancha (“SESCAM”), received three fertility treatment cycles (two in a private institution and one in a public health institution) with negative results. The appellant then sought new fertility treatments from SESCAM, arguing that she was entitled to funding for three treatments of …Read more

This case concerned social security reimbursement for private health care in Spain. The plaintiff suffered from an eating disorder, a personality disorder, and alcoholism. She sought treatment through Spain’s public health service for years. She was eventually discharged and referred to a public hospital, where she spent a year. She then sought reimbursement for the …Read more

Petitioner Hernán Antonio Barrero Bravo brought action challenging the constitutionality of Law 860 (Reform of the Social Security System law), alleging its violation of articles 48 (principle of progressive realization), 49 (principle of non-retrogression of social rights) and 53 (principle of non-retrogression in the protection given by the previous law) of the Constitution in changing …Read more

The European Roma Rights Centre (ERRC) brought a complaint alleging that the 2006 and 2008 amendments to Bulgaria’s Social Assistance Act of 1998 (‘the Act’) violated Article 13(1) of the RESC, taken alone or in conjunction with the non-discrimination provisions of Article E. Prior to these amendments, entitlement to social assistance benefits under the Act …Read more

Mr. Schultz-Hoff, an employee of Deutsche Rentenversicherung Bund (DRB) with a recognized disability, became unfit to work in September 2004 and was on continuous sick leave until the termination of his employment on September 30, 2005. On May 13, 2005, during his sick leave, Mr. Schultz-Hoff requested that he take his remaining paid annual leave …Read more