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
Case T-095/04
Country: ColombiaYear: 2004
Court: Constitutional Court [Corte Constitucional]
Citation: Colombia; Constitutional Court; Sentencia T-095/04.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
Mrs. Torres Puerta (the “Patient”) was affiliated with E.P.S. Coomeva, a Health Providing Entity. (Note: in Colombia, Health Providing Entities are in charge of providing healthcare services to employees, who must subscribe to one of such entities and pay a monthly fee which their employer deducts from their salary). In 2002, The Patient received authorization …Read more
Maldonado, Sergio Adrián s/materia: previsional s/recurso de amparo
Country: ArgentinaYear: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 23/11/2004, "Maldonado, Sergio Adrián s/ materia: previsional s/ recurso de amparo," (M.3805.XXXVIII) (Arg.).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing
Human Rights: Right to bodily integrity, Right to health, Right to life
Man brought appeal for legal protection against the Superintendence for the Welfare of Federal Police of Argentina (Superintendencia de Bienestar de la Policía Federal Argentina), requesting that the court order the Superintendence to continue to provide the economic assistance needed to cover overseas treatment for his daughter, who suffered from spinal muscular atrophy (Werdning-Hoffman disease). …Read more
Mazowiecki Regional Health Fund v. Healthcare Institution in Z
Country: PolandYear: 2004
Court: Appellate Court - Warsaw
Citation: Mazowiecki Regional Health Fund v. Healthcare Institution in Z, Case No. I ACa 1/04 2004, Appellate Court (1st Civil Div.)
Health Topics: Health care and health services, Health systems and financing, Hospitals
The dispute concerned the correct interpretation of healthcare statutes. In December of 1988, the Healthcare Institution in Z (the plaintiff) contracted with the Mazowiecki Regional Health Fund (the defendant) to provide healthcare benefits. (The defendant was an entity charged under the Act on Universal Health Insurance (the “Act”) to carry out certain obligations arising from the …Read more
Asociación de Esclerosis Múltiple de Salta v. Ministerio de Salud – Estado Nacional
Country: ArgentinaYear: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 891. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
The 939/00 Obligatory Medical Program provided medication to persons suffering from multiple sclerosis and isolated demyelinating syndrome, a precondition of multiple sclerosis. The National Ministry of Health passed a resolution to amend this program. The resolution had the effect of excluding from the program all isolated demyelinating syndrome sufferers and any multiple sclerosis sufferers who had …Read more
Díaz, Brígida v. Provincia de Buenos Aires et al.
Country: ArgentinaYear: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación]
Citation: D.2031.XXXVIII
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health
Brigida Díaz was told by her doctors that she urgently needed surgical intervention to replace her pacemaker. Her original pacemaker had been covered by a social welfare scheme, and she had used these funds to replace it once. However, by the time she was told that her pacemaker needed to be replaced a second time, …Read more
Sunil Dixit v. Australia
Country: AustraliaYear: 2003
Court: United Nations Human Rights Committee
Citation: U.N. Doc. CCPR/C/77/D/978/2001 (Apr. 28, 2003).
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to acquire nationality, Right to due process/fair trial, Right to privacy
The author challenges the refusal of his visa application as a violation of his right to equality before the law as provided for in article 26 (equal before law) of the International Convenant on Civil and Political Rights (the Covenant) in addition to article 2, paragraph 3, (right to remedy); article 14, paragraph 1 (right …Read more
Case 1-13/2002
Country: UkraineYear: 2002
Court: Constitutional Court
Citation: Case No. 1-13/2002, Ukraine (Constitutional Ct. 2002)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
The People’s Deputies of Ukraine requested the Constitutional Court to issue an official interpretation of Article 49 paragraph 3 of the Constitution of Ukraine which states “in state and communal health protection, institutions medical care is provided free of charge.” Article 93 paragraph 1 of the Law of Ukraine empowers the People’ Deputies to bring …Read more
Nitecki v. Poland
Country: PolandYear: 2002
Court: European Court of Human Rights
Citation: Application No. 65653/01
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
Applicant Mr. Zdzislaw Nitecki was a Polish national diagnosed with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, in 1976. In June 1999, he was prescribed the drug Rilutek to treat his ALS. He appealed to the Kujawsko-Pomorski Health Insurance Fund (“Fund”) to reimburse his out-of-pocket costs, noting that, as a pensioner, he …Read more
Ramos, Marta Roxana, et al. v. Province of Buenos Aires, et al.
Country: ArgentinaYear: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 12/3/2002, "Ramos, Marta Roxana y otros c/ Buenos Aires, Provincia de y Otros s/Amparo," (R. 1012. XXXVI) (Arg.).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to development, Right to education, Right to food, Right to health, Right to housing, Right to social security
Woman living in extreme poverty brought an action against the Ministry of Social Development and Environment of the Nation, the Province of Buenos Aires, and Hospital of Pediatrics Profesor Juan P. Garrahan on behalf of her eight children and herself, seeking, among others, the protection of their rights to food, health, education, and housing; the …Read more