R v. Cambridge Health Authority, ex parte Beckwith
Country: United KingdomYear: 1995
Court: Court of Appeal, Civil Division
Citation: [1995] 2 All ER 129 (CA); [1995] EWCA Civ 49
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Informed consent, Medicines
Human Rights: Right to health, Right to life
The child “B” had a long history of unsuccessful treatments fo her cancer. In January 1995, B suffered a further relapse of acute myeloid leukaemia. Both the doctor who oversaw B’s treatment since the initial diagnosis and the doctor who performed a prior bone marrow transplant agreed that the child had approximately six to eight …Read more
Askan Das Batra v. Attorney General
Country: ZambiaYear: 1993
Court: Supreme Court
Citation: (1993-1994) Z.R. 41 (S.C.)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
The Appellant was employed by the Zambian Government as an accountant with the Ministry of Legal Affairs. Upon recommendation for further evaluation of his medical condition he travelled to the United Kingdom where he underwent elective heart surgery. He then claimed reimbursement of his medical expenses from his employer under the Conditions of Service for …Read more
R. v. Morgentaler
Country: CanadaYear: 1993
Court: Supreme Court
Citation: [1993] 2 S.C.R. 463
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to liberty and security of person
Section 251(4) of the Criminal Code of Canada (the Code) permitted abortions to be performed only at accredited hospitals and then with approval from the performing hospital’s therapeutic abortion committee. Drs. Morgentaler, Smoling, and Scott had together established an abortion clinic in Toronto to perform abortions not approved by a therapeutic abortion committee. Following public …Read more
Schuler-Zgraggen v. Switzerland
Country: SwitzerlandYear: 1993
Court: European Court of Human Rights
Citation: Application No. 14518/89, (1993) 16 EHRR 405
Health Topics: Disabilities, Health information, Health systems and financing, Infectious diseases
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to social security
Schuler (S), who had contributed to the state invalidity insurance from her wages when working, contracted tuberculosis and was granted an invalidity pension when it was determined that she was unfit for work. She gave birth to a son in 1984 and, after being required to undergo a medical examination, her pension was cancelled with …Read more
Rust v. Sullivan
Country: United StatesYear: 1991
Court: Supreme Court
Citation: 500 U.S. 173 (1991)
Health Topics: Health care and health services, Health information, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
In 1970, Congress enacted Title X of the Public Health Service Act (the Act), which provided federal funding for family planning services. Section 1008 of the Act prohibited the use of Title X federal funding “for programs where abortion [was] a method of family planning.” The Regulations to the Act (the Regulations), introduced by the …Read more
R. v. Morgentaler
Country: CanadaYear: 1988
Court: Supreme Court
Citation: [1988] 1 S.C.R. 30
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to liberty and security of person, Right to life
Section 251(4) of the Criminal Code of Canada (the Code) permitted abortions to be performed only at accredited hospitals and then with approval from the performing hospital’s therapeutic abortion committee. Drs. Morgentaler, Smoling, and Scott had together established an abortion clinic in Toronto to perform abortions not approved by a therapeutic abortion committee. Following public …Read more
Alexander v. Choate
Country: United StatesYear: 1985
Court: Supreme Court
Citation: 469 U.S. 287 (1985)
Health Topics: Disabilities, Health care and health services, Health systems and financing, Mental health, Poverty
Human Rights: Freedom from discrimination, Right to social security
In response to increasing projected state Medicaid costs, the directors of the Tennessee Medicaid program decided to implement a number of cost saving measures. Among these measures was a proposed reduction in the number of annual days of inpatient hospital care covered by the program from 20 to 14 days per fiscal year. Respondents, Tennessee …Read more
Schweiker v. Hogan
Country: United StatesYear: 1982
Court: Supreme Court
Citation: 457 U.S. 569 (1982)
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from discrimination, Right to social security
The Respondents brought this suit challenging the constitutional validity of § 1903(f) of the Social Security Act (the Act); they claimed it violated the equal protection component of the Fifth Amendment. Under the Medicaid program, States were required to provide Medicaid coverage to certain individuals described as the “categorically needy” and, at their discretion, could …Read more
Harris v. McRae
Country: United StatesYear: 1980
Court: Supreme Court
Citation: 448 U.S. 297 (1980)
Health Topics: Health care and health services, Health systems and financing, Poverty, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy, Right to social security
The Respondent, McRae, a Medicaid recipient seeking an abortion, brought a class action suit challenging the constitutional validity of the ‘Hyde Amendment’, which prohibited federal reimbursement under the Medicaid system for some abortions which were medically necessary. As established by an amendment to Title XIX of the Social Security Act in 1965, the Medicaid system …Read more
Beal v. Doe
Country: United StatesYear: 1977
Court: Supreme Court
Citation: 432 U.S. 438 (1977)
Health Topics: Health care and health services, Health systems and financing, Poverty, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy, Right to social security
Title XIX of the Social Security Act establishes the Medicaid program under which participating States may provide federally funded medical assistance to needy persons. Title XIX requires that state Medicaid plans establish “reasonable standards . . . for determining . . . the extent of medical assistance under the plan which . . . are …Read more