Khrapunskiy v. Doar
Country: United StatesYear: 2009
Court: New York Court of Appeals
Citation: 12 N.Y.3d 478 (2009)
Health Topics: Aging, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
The Plaintiffs, aged, blind or disabled persons and legal resident aliens of New York State, brought these proceedings against the Commissioner of the New York State Office of Temporary and Disability Assistance (OTDA) after they became ineligible for Supplementary Security Income (SSI) from the federal government and Additional State Payments (ASP) provided by the State. …Read more
Pannuto Martin Javier et al. v. Instituto de Obra Social de la Provincia de Entre Rios (I.O.S.P.E.R.)
Country: ArgentinaYear: 2009
Court: Civil Court of Appeal of Entre Ríos [Cámara de Apelaciones en lo Civil - Entre Ríos]
Health Topics: Health care and health services, Health systems and financing, Medicines, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life
The plaintiffs, a married couple, filed a precautionary measure against the Health Insurance of the Province of Entre Ríos to provide comprehensive coverage of the assisted reproductive treatment by intracytoplasmic sperm injection (ICSI) until the pregnancy was achieved. The co-plaintiff suffered from oligoastenozoospermia which left him infertile so they requested the health insurance company to provide coverage …Read more
Wong v. Commonwealth
Country: AustraliaYear: 2009
Court: High Court
Citation: (2009) 236 CLR 573; [2009] HCA 3
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to favorable working conditions, Right to health, Right to social security, Right to work
Wong and Selim were “vocationally registered general practitioner(s)” within s 3F of the Health Insurance Act 1973 (Cth) (the Act). Both were found to have engaged in “inappropriate practice” by a Professional Services Review Committee (the Committee) established under Pt VAA (ss 80-106ZR) of the Act. The effect of the Committee’s findings was to require …Read more
Yolanda v. Regional Healthcare Department of the Generalitat Valenciana
Country: SpainYear: 2009
Court: Supreme Court
Citation: STS 16-11-2009 Appeal No. 4426/2008
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to health, Right to social security
The plaintiff sued the defendant, Regional Healthcare Department of the Generalitat Valenciana (RHD) for a refund of medical expenses following its denial of fertilization treatment. The plaintiff was carrying a genetic illness multiple endocrine neoplasia type II (MEN II). She had surgery after being diagnosed with the disease. Subsequently, the plaintiff decided she wanted to …Read more
Case 649
Country: RomaniaYear: 2008
Court: National Council for Combating Discrimination
Citation: Decision No. 649 of 4 December 2008
Health Topics: Child and adolescent health, Health care and health services, Hospitals
Human Rights: Freedom from discrimination, Right to health
The petitioner claimed that the defendant hospital’s practice of only admitting mothers with sick children was discriminatory. In particular, the petitioners pointed to the defendant hospital’s notice board which read: “children up to 3 years of age are admitted along with their mothers”, and “Mother – not relatives”. However, the defendant hospital argued that this …Read more
Case T-760/08
Country: ColombiaYear: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Segunda de Revisión julio 31, 2008, M.P.: Manuel José Cepeda Espinoza, Sentencia T-760/08 (Colom.).
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to due process/fair trial, Right to health, Right to life, Right to social security
In 1993, Colombia passed Law 100, a broad national healthcare reform act that attempted to improve delivery of health services in Colombia by utilizing public and private insurers (“Health Promoting Entities,” or EPSs) as substitutes to purchase health care for insured patients. To this end, the law established a two-tier system of benefits: (1) a …Read more
Doige v. British Columbia
Country: CanadaYear: 2008
Court: British Columbia Human Rights Tribunal
Citation: [2008] B.C.H.R.T. 158
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
Plaintiff Roland Doige alleged that the health premium policies of the Ministry of Finance of British Columbia discriminated against him as a single person. A single beneficiary of the Medical Services Plan (“MSP”) paid a monthly premium rate of CAD 54.00, which was up to CAD 6.00 more per person than would be paid by …Read more
Iuri Archuadze v. Ministry of Health and Social Affairs; Municipality of Gori
Country: GeorgiaYear: 2008
Court: Tbilisi City Court
Citation: Case no. #bs-758-730(k-08)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
The applicant, Iuri Archuadze, suddenly developed a life threatening jaw condition and went to the Tbilisi State Medical Institute where he had an immediate surgical operation, and, following post-surgical complications, was taken to the intensive therapy department. In total, the cost of the treatment was 9263,71 GEL, but the applicant was only reimbursed 205,94 GEL …Read more
R (on the application of M) v. Slough Borough Council
Country: United KingdomYear: 2008
Court: House of Lords
Citation: [2008] UKHL 52
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to housing, Right to social security
M was Zimbabwean citizen diagnosed as HIV positive, who was living in the United Kingdom while his appeal of a decision to return him to Zimbabwe was ongoing. Because of his illness, he applied to the local health authority to assess his needs for accommodation. The authority declined to provide accommodation to M. It determined …Read more
Trevethick v. Ministry of Health
Country: New ZealandYear: 2008
Court: High Court
Citation: [2008] NZHC 415; (2008) 8 HRNZ 485; [2008] NZAR 454
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
The appellant, a woman suffering from multiple sclerosis, brought a claim against New Zealand’s Ministry of Health for discrimination contrary to s. 123(2) of the Human Rights Act, 1993. She claimed that if her disability had been caused by accident rather than illness, she would have received significantly greater disability benefits from the government under …Read more