Minister of Health and Social Services v. Lisse
Country: NamibiaYear: 2005
Court: Supreme Court
Citation: [2005] NASC 8
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to work
Dr. Lisse, a private medical practitioner, challenged the Minister of Health and Social Services’ (Minister) decision to deny him authorization to conduct surgeries at the Windhoek State Hospital. Lisse was a registered medical practitioner and specialist obstetrician and gynecologist authorized to practice under the Medical and Dental Professions Act, 1993. He opened a private practice …Read more
A.V. et al. v. Estado Nacional [Ministerio de Salud de la Nación- Programa Nacional de Lucha contra el S.I.D.A.]
Country: ArgentinaYear: 2004
Court: Juzgado Nacional de Primera Instancia en lo Civil y Comercial Federal, Sala II [Federal Civil and Commercial Court of First Instance, 2nd Chamber]
Citation: Caso n° 3223/02, 27 February 2004.
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
The Petitioners were persons living with HIV. They brought action against the Ministry of Health of Argentina for failing to provide necessary medical treatment guaranteed by the Programa Nacional de Lucha contra el S.I.D.A. (National Programme Against AIDS). Petitioners filed a writ of amparo requesting judicial protection of their right to health and requesting that …Read more
Auton (Guardian ad litem of) v. British Columbia (Attorney General)
Country: CanadaYear: 2004
Court: Supreme Court
Citation: [2004] 3 S.C.R. 657; [2004] S.C.C. 78
Health Topics: Disabilities, Health care and health services, Health systems and financing, Mental health
Human Rights: Freedom from discrimination
Connor Auton and his three co-petitioners were infant children suffering from autism. Applied Behavioral Analysis or Intensive Behavioral Intervention (ABA-IBI based therapy) was the only known, effective therapy for children with autism, although it remained a somewhat controversial and expensive treatment. Neither the Medicare Protection Act, R.S.B.C. 1996, c. 286, nor the Canada Health Act, …Read more
Case 1294-2004-R
Country: BoliviaYear: 2004
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Citation: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia], Constitutional Judgment 12/94/2004-R, August 12, 2004 (Bol.)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to health, Right to life, Right to social security
The National Commission on Benefits of the National Health Treasury (CNS) provided free medical insurance for the elderly. Alejandro Cuba Plaza, a beneficiary of CNS, was diagnosed with “terminal chronic kidney failure” and treated with ongoing hemodialysis at Obrero Hospital. After 52 weeks of treatment, CNS ordered the Director of Obrero Hospital to transfer Plaza …Read more
Case 2004-073f
Country: BelgiumYear: 2004
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2004-073f, 5 May 2004
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to due process/fair trial
Tags: Health care professionals, Health care workers, Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Case 2004-504
Country: FranceYear: 2004
Court: Conseil Constitutionnel (Constitutional Council)
Citation: Décision n° 2004-504
Health Topics: Health information, Health systems and financing
Human Rights: Right to health, Right to privacy
In this case a number of petitioners challenged the constitutional validity of an act reforming the public health insurance system. The impugned provisions were: Article 3 of the Act inserted articles which provide for establishment provides for the establishment of a system to promote coordination, quality and continuity of care and will allow for monitoring …Read more
Case 2945-2003-AA/TC
Country: PeruYear: 2004
Court: Constitutional Court
Citation: Sentencia 2945-2003-AA/TC (2004). (Azanca Alhelí Meza García v. Ministry of Health)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
The petitioner filed a writ of amparo (appeal for legal protection) against the Ministry of Health of Peru. She sought free administration of comprehensive medical treatment for HIV, including both the continuous delivery of necessary medicines and the performance of periodic CD4 cell count and viral load tests upon medical indication and/or the patient’s urgent …Read more
Case 3-2-1-143-03
Country: EstoniaYear: 2004
Court: Supreme Court
Health Topics: Health systems and financing
Human Rights: Right to property
The defendant appealed a decision from a lower court by claiming that § 4(2) of the Estonian Health Insurance Fund Act (the “Act”) violated § 11 of the Estonian Constitution. Under § 4(2) of the Act, a health insurance fund was entitled to collect costs which such fund had incurred upon payment of health insurance …Read more
Case 3-4-1-7-04
Country: EstoniaYear: 2004
Court: Supreme Court
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
Petitioner sought nullification of the lower courts’ decisions finding that termination of his insurance coverage by the South Estonian division of Health Insurance Fund was lawful and that § 28 of the Constitution did not guarantee the right to any type of free health care. The South Estonian division of Health Insurance Fund sent a …Read more
Case T-081/04
Country: ColombiaYear: 2004
Court: Constitutional Court [Corte Constitucional]
Citation: Constitutional Court, Ninth Revision Chamber, February four (4), two thousand and four (2004), Magistrate: Dr. CLARA INES VARGAS HERNANDEZ, Ruling T-081/04
Health Topics: Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life, Right to social security
Mr. Rodrigo Alberto Valencia Echeverri brought a Constitutional Action against Cafesalud EPS (“EPS”), a Health Promoting Entity, arguing that his fundamental rights to health and social security had been violated. The plaintiff affirmed that EPS would not administer a medicine called “gadolinium contrast dye”, which was required to conduct a “brain magnetic resonance” exam. This …Read more