A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

The Petitioners, Stamen Filipov and Biljana Zhivkovska, challenged a provision excluding certain health services from the Law on Health Insurance (the Law). Article 9 of the Law specified certain services that would be paid for under a compulsory health insurance scheme administered by the Health Insurance Fund (the Fund). Article 10 specified certain services that …Read more

The Chamber of Crafts, the petitioner, challenged a provision from the Law on Public Health (the Law) regulating the conditions under which cosmeticians could exercise their craft. The law required cosmeticians to obtain a permit from the Ministry of Health, on top of existing requirements for certification as a craftsperson. The Chamber argued that these …Read more

This case was heard together with case 70/2009-0-0. The Petitioners, Miroslav Grcev and Stamen Filipov, challenged the constitutionality of the Anti-Smoking Law (the Law). The Law banned smoking in public premises, advertising cigarettes, and selling cigarettes to persons under the age of 16. Public premises included institutions for education, health, state administration,  public transport, and …Read more

This case was heard together with case 261/2008-0-0. The Petitioners, Miroslav Grcev and Stamen Filipov, challenged the constitutionality of the Anti-Smoking Law (the Law). The Law banned smoking in public premises, advertising cigarettes, and selling cigarettes to persons under the age of 16. Public premises included institutions for education, health, state administration,  public transport, and …Read more

Citizens’ Association “Polio Plus” (the Association) challenged provisions of the Law on Mental Health (the Law) that regulated whether or not a person with mental illness would be given the right to possess personal items, such as clothing or items for hygiene, while resident in a mental health facility. These provisions stipulated that certain persons …Read more

The Ombudsperson of the Republic of Macedonia (the Ombudsperson) challenged a provision from the Law on Amending and Supplementing the Law on Health Insurance (the Law). The Law provided that insurees would have a right to basic health services from health facilities that had concluded a contract with the Health Insurance Fund (the Fund), but …Read more

The Petitioner, Radovan Zecevic, challenged a provision from the Law on Health Insurance (the Law) which excluded any health conditions resulting from the conduct of a criminal offence or a misdemeanour from being funded under the Law. Zecevic argued that the provision was contrary to the right to equality, the right to social security, and …Read more

The Petitioner, Stamen Filipov, challenged Article 178, a provision regulating solitary confinement, of the Law on Execution of Sanctions (the Law). The Law gave the Director of a prison or his/her substitute the power to institute certain disciplinary measures against convicted persons, including warnings, public warnings, confiscation of up to 20% of the compensation for …Read more

The Petitioner, Stamen Filipov, challenged a provision regulating right to strike for employees in health care organizations from the Law on Health Care (the Law). The provision stipulated that health care workers had a right to strike as long as doing so did not risk the life and health of citizens. Accordingly, it laid down …Read more

The Plaintiff, on behalf of his child, requested full reimbursement for the child’s treatment in Croatia. The Plaintiff had received authorization from the Health Insurance Fund for reimbursement of travel and medical costs for up to 30 days of treatment in the facility in Croatia. He then sought a further 35 days treatment, which was …Read more

The Petitioner, Stamen Filipov, challenged several provisions of the Law on Insurance (the Law), which required owners and the users of motor vehicles, aircrafts, ships, motor powered boats and railway vehicles to conclude insurance contracts. Filipov challenged these compulsory insurance provisions on the basis that they forced parties to conclude contracts they did not agree …Read more

The Joint Stock Company ‘Transkop’, Bitola (the Company), challenged two bylaws establishing conditions on the funding of treatment abroad by the Health Insurance Fund. These bylaws were the Rulebook on the conditions and manner for referring the insurees to treatment abroad (the Rulebook) and the Resolution of the Minister of Health no.02-1439/1 delivered on February …Read more

The Macedonian Trade Union Association and the Trade Union of Construction, Construction Material Industry and Design of the Republic of Macedonia challenged the constitutionality of Articles 11, 16 paragraph 3 and 203-a of the Law on amending and supplementing the Law on Health Care (“the Law”). Article 11 of the Law required insured workers to …Read more