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483 judgments found.


Caleb Orozco v. Attorney General of Belize

Country: Belize
Year: 2016
Court: Supreme Court of Belize
Citation: Claim 668 of 2010
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of expression, Right to health, Right to privacy
Facts:

The Claimant, Caleb Orozco, a citizen of Belize was a homosexual male and a health educator. In the Supreme Court of Belize, he challenged the constitutional validity of Section 53 of the Belize Criminal Code to the extent that it criminalized anal sex between two consenting male adults. Section 53 of the Criminal Code stated …Read more

Tags: Access to health care, Access to treatment, AIDS, Assault, Buggery, Bullying, Counselling, Depression, Diagnostics, Gay, Hazing, HIV, HIV positive, HIV status, Homosexual, Lesbian, LGBTI, Molestation, Most-at-risk, Non-disclosure, People living with HIV/ AIDS, PLHIV, Queer, Rape, Secrecy, Sexual abuse, Sexual assault, Sexual harassment, Sexual orientation, Sexual violence, Sexually transmitted diseases, Sodomy, STDs, STIs, Transmission, Trauma
Download Judgment: English

Case of Dubská and Krejzová v. The Czech Republic

Country: Czech Republic
Year: 2016
Court: The European Court of Human Rights
Citation: Applications nos. 28859/11 and 28473/12
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to health, Right to privacy
Facts:

Ms. Šárka Dubská and Ms. Alexandra Krejzová brought an action against the Czech Republic, claiming that Czech legislation violated the right to private life provided by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms by effectively prohibiting health professionals, including midwifes, from assisting in home births. Czech legislation required …Read more

Tags: Access to health care, Childbirth, Health regulation, Maternal health, Midwifery, Pregnancy
Download Judgment: English

Millicent Awuor Omuya& 1 Or. v. Attorney General & 4 Ors.

Country: Kenya
Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 562 of 2012
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life, Right to health, Right to liberty and security of person
Facts:

The petitioners were two women who gave birth and were detained by Pumwani Hospital when they could not pay maternity fees in full upon discharge. The first petitioner was referred to the hospital with a potential breech birth and was detained for 24 days after discharge when she was unable to pay her hospital bill. …Read more

Tags: Access to health care, Budget, Caesarean, Childbirth, Cruel treatment, Degrading treatment, Health care professionals, Health care workers, Health expenditures, Health funding, Health spending, Humiliating treatment, Indigent, Inhuman treatment, Low income, Maternal health, Out-of-pocket expenditures, Poor, Pregnancy, Public hospitals, Subsidies, Underprivileged
Download Judgment: English

Centre for Health, Human Rights and Development (CEHURD) & 3 Others v. Attorney General

Country: Uganda
Year: 2015
Court: Supreme Court
Citation: Constitutional Appeal No. 1 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

This case was filed by the families of two women who died during childbirth and the Centre for Health, Human Rights and Development (CEHURD). They argued that inadequate resources for maternal health violated the right to health under Objectives XIV (b) XX, XV and Article 8A of the Ugandan Constitution, the right to life under …Read more

Tags: Access to health care, Access to treatment, Budget, Childbirth, Clinics, Emergency care, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health regulation, Health spending, Indigent, Infant health, Infant mortality, Low income, Maternal health, Maternal mortality, Midwifery, Poor, Pregnancy, Public hospitals, Underprivileged
Download Judgment: English

Attorney General, et al. v. Dickson Tapela, et al.

Country: Botswana
Year: 2015
Court: Court of Appeal of the Republic of Botswana at Gaborone
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

Case 1: Tapela and Piye, two Zimbabwean nationals imprisoned in Botswana, both contracted HIV in prison. They were refused antiretroviral treatment for their condition based on a internal directive issued by the national government to all public medical institutions and personnel on March 26, 2004, indicating that testing, assessment, and treatment with antiretroviral and highly active …Read more

Tags: Access to health care, Access to treatment, AIDS, Detainee, Detention, Diagnostics, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Jail, Law enforcement, People living with HIV/AIDS, Testing
Download Judgment: English

L.N. & 21 Others v. Ministry of Health, et al.

Country: Kenya
Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 218 of 2013
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

The Petitioners suffered from renal failure and required frequent renal dialysis treatments. Kenyatta National Hospital did not have an adequate number of machines to serve Petitioners’ needs, and would often choose to treat in-patients before Petitioners. Furthermore, the National Hospital Insurance Fund would not reimburse Petitioners for treatments sought at private hospitals. Petitioners brought suit …Read more

Tags: Access to health care, Access to treatment, Budget, Health expenditures, Health funding, Health insurance, Health spending, Kidney disease, Long-term care, Low income, Noncommunicable diseases, Out-of-pocket expenditures, Poor, Private hospitals, Public hospitals, Reimbursement, Subsidies
Download Judgment: English

Bentley v. Maplewood Seniors Care Society

Country: Canada
Year: 2015
Court: Court of Appeal, British Columbia
Citation: 2015 BCCA 91
Health Topics: Aging, Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health
Facts:

Mrs. Bentley was an 83-year-old woman suffering from Alzheimer’s Disease. Mrs. Bentley had not spoken since 2010 and did not recognize anyone. In 1991 she had signed a directive that expressed her desire to be allowed to die and not be kept alive by artificial means or heroic measures in case there was no reasonable …Read more

Tags: Aged person, Diet, Elderly, Food, Health facilities, Incompetence, Long-term care, Mental competence, Neurological diseases, Patient choice, Unauthorized treatment
Download Judgment: English

A.M. V. The Minister For Health

Country: Ireland
Year: 2015
Court: High Court
Citation: [2015] I.E.H.C. 660
Health Topics: Infectious diseases, Medical malpractice, Mental health
Human Rights: Right to health
Facts:

This case is an appeal from an award of damages granted to the appellant pursuant to the Hepatits C Compensation Tribunal Acts. The appellant contracted hepatitis C in 1977 after being given an anti D injection that “came from a batch infected with hepatitis C.” In 1998, pursuant to the Hepatitis C Compensation Tribunal Acts, …Read more

Tags: Compensation, Hepatitis, Mental competence, Negligence, Remedies
Download Judgment: English

Amit Ahuja v. Union of India

Country: India
Year: 2014
Court: High Court of Delhi
Citation: W.P.(C) 1507/2014 & CM APPL. 3144/2014
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health
Facts:

The petitioner was a patient suffering from haemophilia and was receiving treatment at a government hospital. However, after he did not respond to initial treatment, the doctors discharged him, stating that they could no longer afford to administer the advanced palliative treatment (Activated Recombinant Factor VIIa) to him. This treatment would have cost 1,40,000 rupees …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Health expenditures, Health spending, Noncommunicable diseases, Out-of-pocket expenditures, Public hospitals, Subsidies
Download Judgment: English

Dubska and Krejzova v. The Czech Republic

Country: Czech Republic
Year: 2014
Court: European Court of Human Rights
Citation: Application Nos. 28859/11 and 28473/12
Health Topics: Sexual and reproductive health
Human Rights: Right to health, Right to privacy
Facts:

Ms. Sarka Dubska and Ms. Alexandra Krejzova sued the Government of the Czech Republic, alleging that a Czech law forbidding health professionals from attending home births was in violation of the right to private life as provided for in Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). Dubska …Read more

Tags: Childbirth, Maternal health, Midwifery, Pregnancy
Download Judgment: English

Case of Angel Alberto Duque (Report on the merits)

Country: Colombia
Year: 2014
Court: Inter-American Commission on Human Rights
Citation: Report No. 5/14
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to social security
Facts:

Duque and his same-sex partner lived together as a couple for over ten years, until his partner died from AIDS. Four years prior to the death, Duque was diagnosed with HIV and was being treated under support from his partner. When his partner died, Duque asked the COLFONDOS (the pension service) to ask what requirements …Read more

Tags: Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Domestic partnership, Gay, Health expenditures, Health funding, Health spending, HIV, HIV positive, Homosexual, LGBTI, Low income, Out-of-pocket expenditures, People living with HIV/AIDS, PLHIV, Poor, Queer, Sexual orientation, Social security
Download Judgment: English Spanish

Case 562/13

Country: Belgium
Year: 2014
Court: Grand Chamber
Citation: C-562/13. Centre public d’action sociale d’Ottgnies-Louvain-la-Neuve v. Moussa Abdida
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Mr. Abdida, a Niegrian national, was in Belgium seeking asylum from torture and inhuman treatment. While in Belgium, he suffered from a serious illness and submitted an application to reside in Belgium on medical grounds. The application was accepted, and he began receiving social assistance from the Public Social Action Centre of Ottignies-Louvain-la-Neuve (“CPAS”). In 2011, …Read more

Tags: Access to health care, Access to treatment, Asylum, Emergency care, Health expenditures, Health funding, Health spending, Immigrants, Immigration, Migrants, Refugees
Download Judgment: English French

Tapela, et al. v. Attorney General, et al.

Country: Botswana
Year: 2014
Court: High Court
Citation: (MAHGB-000057-14), BWHC 1 (2014)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

The applicants, two prisoners with HIV and an interested non-governmental organization, complain that the policy of denying Highly Active Antiretroviral Therapy (“HAART”) to non-citizen inmates is a violation of the rights of such non-citizen prisoners under the Constitution of Botswana. HAART is a drug treatment that helps control HIV mutation and reduces the likelihood of …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, ARVs, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Health expenditures, HIV, HIV positive, Imprisonment, Incarceration, Inhuman treatment, Inmate, People living with HIV/AIDS, PLHIV, TB, Transmission, Tuberculosis
Download Judgment: English

Bayer Corporation v. Union of India, et al.

Country: India
Year: 2014
Court: High Court of Bombay
Citation: Writ Petition No. 1323 of 2013
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to health
Facts:

Bayer Corporation (Bayer) challenged the order(s) of 2012 and 2013 passed by the relevant statutory authority, the Controller of Patents (the Controller), granting a Compulsory License to Natco Pharmaceuticals Limited (Natco) of the drug Nexavar. Bayer developed the drug to treat patients suffering from kidney cancer. In 2008, the Controller granted a patent to Bayer …Read more

Tags: Access to drugs, Access to medicines, Cancer, Generic drugs, Intellectual property, Kidney disease, Manufacturing, Patents, Pharmaceuticals, Pricing, TRIPS
Download Judgment: English

H v. Fetal Assessment Centre

Country: South Africa
Year: 2014
Court: Constitutional Court of South Africa
Citation: (CCT 74/14) [2014] ZACC 34
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

The mother of the applicant, who was born in 2008 with Down Syndrome instituted a claim on his behalf for damages against the Fetal Assessment Centre. Her son was born in 2008 with Down syndrome. She claimed that the Centre negligently failed to warn her of the high risk that her child would be born …Read more

Tags: Abortion, Awareness, Child development, Children, Compensation, Confidentiality, Damages, Diagnostics, Differently abled, Disabled, Disclosure, Examination, Health care technology, Informed choice, Minor, Misdiagnosis, Negligence, Termination of pregnancy, Testing, Tort
Download Judgment: English

K., C. N. v. OSECAC

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: K. 12. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights protection (amparo protection) against the Health Insurance of Commerce and Civil Activities Employees (Obra Social de los Empleados de Comercio y Actividades Civiles – OSECAC) to condemn coverage of all expenditures that could arise from reproductive assisted therapy in the egg donation process. The First …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Health funding, Health insurance, Health regulation
Download Judgment: Spanish

B., A. S. et al. v. DIBA

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 280. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Security and Health Office of the Navy [DIBA – Dirección de Salud y Acción Social de la Armada] to condemn coverage for all expenditures that could arise from a reproductive assisted treatment in the PROAR Medical Institute, limiting the …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, sexual and reproductive rights
Download Judgment: Spanish

V., C. G. v. I. A. P. O. S.

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: V. 118. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life, Right to social security
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the IAPOS (Instituto Autárquico Provincial de Obras Sociales) to provide coverage for all expenditures that could arise from a reproductive assisted treatment and to cover the amounts paid for such treatment. The First Instance Civil and Commercial Court granted the amparo protection. …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Assisted reproductive technology, Health regulation, Health spending, Pregnancy
Download Judgment: Spanish

A.X. -v- The Mental Health Tribunal & Anr.

Country: Iceland
Year: 2014
Court: High Court of Ireland
Citation: [2014] IEHC 592
Health Topics: Hospitals, Informed consent
Human Rights: Right to health, Right to liberty and security of person
Facts:

This is a case about the applicant challenging an order from Mental Health Tribunal (“the Tribunal”) that demanded her involuntary admission to St. John of God’s Hospital (“the Hospital”) for treatment of a mental disorder. On April 28th, 2014, a member of An Garda Síochána detained the applicant because there were sufficient grounds to believe …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory testing, Compulsory treatment, Confinement, Health facilities, Involuntary commitment, Involuntary examination, Involuntary testing, Involuntary treatment, Mandatory examination, Mandatory testing, Mandatory treatment, Mental disorder, Mental institution, Non-consensual testing and treatment, Unauthorized treatment
Download Judgment: English

Canadian Doctors for Refugee Care, et al. v. Attorney General of Canada et al.

Country: Canada
Year: 2014
Court: Federal Court
Citation: (2014) FC 651
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

In 2012, the Governor-in-Council passed two orders modifying the Interim Federal Health Program (IFHP), thereby reducing health insurance coverage for refugee and asylum claimants in Canada. Canadian Doctors for Refugee Care (CDRC) and two groups of lawyers challenged the changes to the program to restore better coverage as the changes had a significant negative impact …Read more

Tags: Access to health care, Access to treatment, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Immigrants, Immigration, Migrants, Out-of-pocket expenditures, Refugees, Reimbursement, Social security
Download Judgment: English

Amirov v. Russia

Country: Russia
Year: 2014
Court: The European Court of Human Rights
Citation: [2014] EHCR 51857/13
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health
Facts:

Amirov is a local politician who was arrested and charged in June 2013 with attempted murder, attempting to organize a terrorist attack, and related charges. Amirov was paralyzed in 1993 and requires constant medical care.   Amirov argued that he should not be detained pending trial because of his poor health, age and position in the …Read more

Tags: Access to health care, Access to treatment Health facilities, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diabetes, Handicapped, heart disease neurological diseases, Hepatitis, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Kidney disease, Noncommunicable diseases, Physically challenged, Prison conditions
Download Judgment: English

Novartis AG v. Union of India

Country: India
Year: 2013
Court: Supreme Court
Citation: Civil Appeal Nos. 2706-2716 of 2013
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to health
Facts:

In 1998, Novartis AG, a multinational pharmaceutical company based in Switzerland, filed a patent application in India for the beta-crystalline form of imatinib mesylate, a drug used to treat chronic myeloid leukaemia, a type of blood cancer. In 2005, the Chennai Patent office heard patent oppositions to this application, including one filed by the Cancer …Read more

Tags: Access to drugs, Access to medicines, Cancer, Generic drugs, Intellectual property, Manufacturing, Patents, Pharmaceuticals, Pricing, TRIPS
Download Judgment: English

Okwanda v. Minister of Health and Medical Services, et al.

Country: Kenya
Year: 2013
Court: High Court - Nairobi
Citation: Petition No. 94 of 2012
Health Topics: Aging, Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to housing, Right to social security, Right to water and sanitation
Facts:

Petitioner, an elderly retired person, was diagnosed with diabetes and Benign Hypertrophy (a life-threatening terminal disease). Petitioner claimed that that the cost of the medication was prohibitive and that he was in need of urgent medical attention. Petitioner sought assistance of the court to enforce his fundamental rights to the highest attainable standard of health …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Aged persons, Diabetes, Diet, Elderly, Food, Health spending, Hunger, Indigent, Low income, Malnutrition, Noncommunicable diseases, Older persons, Out-of-pocket expenditures, Poor, Senior citizens, Underprivileged
Download Judgment: English

Suarez Peralta v. Ecuador

Country: Ecuador
Year: 2013
Court: Inter-American Court of Human Rights
Citation: Series C, No. 261, May 21, 2013
Health Topics: Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to health
Facts:

On June 28, 2000, Melba Suarez Peralta visited Dr. Emilio Guerrero Gutierrez as a result of abdomen pain, vomits, and fever. She was diagnosed with chronic appendicitis and informed she needed surgery. Three days later, she visited Guerrero in a private clinic and underwent appendix surgery performed by Dr. Jenny Bohorquez and assisted by Guerrero. …Read more

Tags: Clinics, Compensation, Health care professionals, Health care workers, Health regulation, Inadequate treatment, Inappropriate treatment, Law enforcement, Negligence, Private hospitals, Public hospitals
Download Judgment: English Spanish

Lohé Issa Konaté v. Burkina Faso

Country: Burkina Faso
Year: 2013
Court: African Court on Human and Peoples' Rights (Cour Africaine des droits de l’homme et des peoples)
Citation: Application No. 004/2013
Health Topics: Health care and health services, Prisons
Human Rights: Freedom of expression, Right to health
Facts:

Lohé Issa Konaté alleged that his criminal conviction in Burkina Faso for libel was a violation of his right to freedom of expression, contrary to Article 9 of the African Charter on Human and Peoples’ Rights (“Charter”) and Article 19 of the International Covenant on Civil and Political Rights (“ICCPR”). At the High Court, Konaté …Read more

Tags: Access to health care, Access to treatment, Custody, Detainee, Detention, Imprisonment, Incarceration, Inmate, Jail
Download Judgment: English

Ediger v. Johnston

Country: Canada
Year: 2013
Court: Supreme Court of Canada
Citation: 2013 SCC 18
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to health
Facts:

The plaintiff, Cassidy Ediger (C) suffered from persistent bradycardia (slow heartrate) during birth resulting in severe brain damage. During the delivery procedure, the doctor attempted a mid-level forceps procedure as C’s mother’s labour was not progressing. Dr. Johnston did not inform C’s mother of the risks involved in the procedure including bradycardia and hence did …Read more

Tags: Compensation, Damages, Differently abled, Disclosure, Duty of care, Emergency care, Health care professionals, Infant health, Informed consent, Medical negligence, Negligence, Standard of care, Tort
Download Judgment: English

Barilo v. Ukraine

Country: Ukraine
Year: 2013
Court: The European Court of Human Rights
Citation: [2013] ECHR 442
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to liberty and security of person
Facts:

The Applicant Barilo, long-afflicted by diabetes mellitus and other chronic illnesses was detained by the Government of Ukraine. She alleged that she was deprived of her liberty in contravention of the European Convention on Human Rights, particularly Articles 3, 5, and 13. In June 2006, Barilo was arrested on charges instituted three days earlier by …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Degrading treatment, Detainee, Detention, Diabetes, Examination, Health facilities, Humiliating treatment, Imprisonment, Incarceration, Inhumane treatment, Noncommunicable diseases, Testing
Download Judgment: English

Patricia Asero Ochieng, et al. v. Attorney General, et al.

Country: Kenya
Year: 2012
Court: High Court at Nairobi
Citation: Petition 409 of 2009
Health Topics: Child and adolescent health, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Petitioners were citizens of Kenya living with HIV. They claimed that provisions of the Anti-Counterfeiting Act, 2008 (the Act) severely restricted access to affordable, essential medicines, including generic medicines for HIV-related diseases, in violation of their fundamental rights to life, dignity and health protected under articles 26(1), 28 and 43 of the Constitution of …Read more

Tags: Access to drugs, Access to medicines, AIDS, Antiretrovirals, ARVs, Children, Drug quality, Drug safety, Essential medicines, Generic drugs, HIV, HIV positive, Intellectual property, Manufacturing, Minor, Patents, Pediatric health, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Poor, Pricing, Spurious medicines, Transmission, Underprivileged
Download Judgment: English

Cipla Medpro Ltd. v. Aventis Pharma SA

Country: South Africa
Year: 2012
Court: Supreme Court of Appeal
Citation: Case No: 139/2012 and Case No: 138/2012; [2012] ZASCA 108
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines
Human Rights: Right to health
Facts:

Aventis, a pharmaceutical company, applied for a preliminary injunction against infringement of its patent on its cancer drug Taxotere in order to restrain Cipla, an Indian pharmaceutical company, from importing, manufacturing or selling Cipla’s generic equivalent of the drug. Prior to this, Cipla had applied for revocation of Aventis’ amended patent on a number of …Read more

Tags: Access to drugs, Cancer, Generic drugs, Health insurance, Intellectual property, Out-of-pocket expenditures, Patents
Download Judgment: English

British American Tobacco South Africa v. Minister of Health

Country: South Africa
Year: 2012
Court: Supreme Court of Appeal
Citation: (463/2011) [2012] ZASCA 107 (20 June 2012)
Health Topics: Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to health
Facts:

Section 3(1)(a) of the Tobacco Products Control Act of 1993 (the “Act”) prohibited any person from “advertising” or “promoting” a tobacco product.  The appellant, a tobacco manufacturer, contended that this prohibition should not extend to its one-to-one communication with consenting adult consumers of tobacco products as it was an unconstitutional limit on both the appellant’s …Read more

Tags: Advertising, Smoking, Tobacco regulation
Download Judgment: English
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