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16 judgments found.


Urgenda Foundation v. The State of the Netherlands (Ministry of Infrastructure and the Environment)

Country: Netherlands
Year: 2015
Court: Hague District Court (Chamber for Commercial Affairs)
Citation: C/09/456689
Health Topics: Environmental health
Human Rights: Right to a clean environment, Right to family life, Right to life
Facts:

The plaintiff Urgenda, a foundation committed to a more sustainable society, brought a claim on behalf of over 800 individuals against the defendant, the state of the Netherlands, regarding climate change. Specifically, the plaintiff asked the court to rule that it would be unlawful for the defendant not to reduce annual greenhouse gas emissions by …Read more

Tags: Air pollution, Climate change, Environmental degradation, Global warming, Harm reduction, Pollution
Download Judgment: English Dutch

D.G. v The Netherlands

Country: Netherlands
Year: 2015
Court: Committee on the Elimination of All Forms of Discrimination Against Women
Citation: Communication No. 52/2013; UN Doc. CEDAW/C/61/D/52/2013
Health Topics: Poverty, Violence
Human Rights: Freedom from discrimination, Right to housing, Right to social security
Facts:

DG, arrived in the Netherlands from Bulgaria in 2007. She worked at a restaurant and then as a prostitute. She stated in her complaint that she left prostitution after a client held her hostage at gunpoint. Unable to pay her rent, DG became homeless in December 2008. DG applied for shelter under the Social Support …Read more

Tags: Gender-based violence, Indigent, Low income, Migrants, Poor, sex work, Sex workers, Underprivileged, violence, Violence against women
Download Judgment: English

Centrale Raad van Beroep [Central Appeals Tribunal], 20 October 2010, LJN:BO3581

Country: Netherlands
Year: 2010
Court: Central Administrative Tribunal
Citation: Centrale Raad van Beroep, 20 October 2010, LJN BO3581, 09/365 AWBZ & 09/3626 AWBZ
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Mental health
Human Rights: Right to education, Right to privacy, Right to social security
Facts:

A., a boy born in the Netherlands to a Nigerian immigrant mother, was diagnosed with an autistic disorder and an intellectual deficiency. As a result, A. required counseling programs as a supplement to traditional schooling by the Dutch Care Needs Assessment Centre (“CAC”). A. made a request for a residence permit under the Dutch Aliens …Read more

Tags: Child development, Children, Counseling, Health insurance, Immigration, Mental disability, Mental retardation, Migrants, Minor
Download Judgment: English Dutch

Afdeling Bestuursrechtspraak van de Raad van State [Administrative Jurisdiction of the Council of State], 11 October 2006, nr200600633/1, LJN:AY9897

Country: Netherlands
Year: 2006
Court: Afdeling bestuursrechtspraak van de Raad van State (Administrative Jurisdiction Department of the Council of State)
Citation: 11 October 2006, nr200600633/1, LJN:AY9897
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Medicines, Public safety, Sexual and reproductive health
Facts:

According to the Benefit Entitlement Act (“BEA”), health care providers who offer medically necessary care to illegal immigrants must be compensated for their expenses. To achieve this, the BEA increased the budget of the Ministry of Health, Welfare and Sports (“the Ministry”). Instead of managing the compensation fund itself, the Ministry appointed the Foundation Koppeling …Read more

Tags: Access to health care, Access to treatment, Asylum, Childbirth, Emergency care, Health expenditures, Health funding, Health spending, Immigrants, Immigration, Indigent, Pediatric health, Poor, Pregnancy, Refugees, Reimbursement, Subsidies, Threat of violence, Underprivileged, Vaccination
Download Judgment: English Dutch

Applicant v. The Central Agency for the Reception of Asylum Seekers [Rechtbank’s Gravenhage, zittingplaats Amsterdam [District Court of Gravenhage, sitting at Amsterdam], 25 August 2006, LJN:AZ2923]

Country: Netherlands
Year: 2006
Court: District Court of Gravenhage
Citation: LJN:AZ2923
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Mental health, Poverty
Human Rights: Right to health, Right to housing
Facts:

The Applicant was a multi-handicapped child suffering from “Down Syndrome, a congenital heart defect and a delayed thyroid disorder”. He was being treated for his condition and, in the absence of treatment, it was expected that his physical and mental condition would deteriorate.  Applicant had applied for a grant of residence, which was denied by …Read more

Tags: Access to health care, Access to treatment, Asylum, Child development, Children, Disabled, Handicapped, Immigration, Infant health, Mental disability, Mental retardation, Migrants, Minor, Pediatric health, Physically challenged, Poor, Underprivileged
Download Judgment: English Dutch

Dung Thi Thuy Nguyen v. The Netherlands

Country: Netherlands
Year: 2006
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 3/2004, UN Doc. CEDAW/C/36/D/3/2004 (29 August 2006).
Health Topics: Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to social security
Facts:

The author was a resident of the Netherlands who was employed in a part-time salaried position and was also simultaneously self-employed, working with her husband at his business. She was insured under the Sickness Benefits Act (“ZW”) in relation to her salaried position and under the Invalidity Insurance (Self-Employed Persons) Act (“WAZ”) in relation to …Read more

Tags: Pregnancy, Social security
Download Judgment: English

Sentges v. Netherlands

Country: Netherlands
Year: 2003
Court: European Court of Human Rights
Citation: Application No. 27677/02
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to privacy
Facts:

S, a Netherlands national, was born in 1986. S suffered from Duchenne Muscular Dystrophy (DMD), a disease characterized by progressive muscle degeneration, loss of the ability to walk and often the loss of lung or cardiac functions. S was unable to stand, walk, or lift his arms and his manual and digital functions were virtually …Read more

Tags: Access to health care, Handicapped, Health care technology, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Physically challenged
Download Judgment: English

Joined cases of Müller-Fauré and van Riet v Onderlinge Waarborgmaatschappij UA

Country: Netherlands
Year: 2003
Court: European Court of Justice
Citation: Case C-385/99
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to social security
Facts:

This case concerns a referral from the Centrale Raad van Beroep (the Netherlands Court of Appeal) to the European Court of Justice from two conjoined cases for the correct interpretation and application of Articles 59 and 60 of the EC Treaty (which relate to the freedom of services throughout the EU). Both cases concern Dutch …Read more

Tags: Access to health care, Budget, Emergency care, Health expenditures, Health regulation, Health spending, Public hospitals, Reimbursement, Social security
Download Judgment: English

Joined Cases of Geraets-Smits and Peerboom

Country: Netherlands
Year: 2001
Court: European Court of Justice
Citation: C-157/99
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom of movement and residence, Right to social security
Facts:

In the Netherlands, the sickness insurance scheme was based principally on the Law on Sickness Funds (the “ZFW”), the Law on General Insurance for Special Sickness Costs and the Law on Access to Sickness Insurance. Such insurance scheme required prior authorization for treatment which was not carried out by a contracted provider; almost all contracted …Read more

Tags: Access to health care, Access to treatment, Diagnostics, Emergency care, Examination, Health insurance, Health regulation, Neurological diseases, Reimbursement
Download Judgment: English

Arcila Henao v. Netherlands

Country: Netherlands
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 13669/03
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The applicant was a Columbian national residing in the Netherlands. He complained that his expulsion to Columbia would violate Article 3 of the European Convention on Human Rights (the “Convention”) which prohibits torture and inhuman or degrading punishment, as he would be unable to continue treatment for his HIV and Hepatitis B and would therefore …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Cruel treatment, Degrading treatment, Essential medicines, First-line treatment, Hepatitis, HIV, HIV positive, Immigration, Indigent, Inhuman treatment, Low income, Migrants, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Poor, Refugees, Second-line treatment
Download Judgment: English

Terra Woningen B.V. v. The Netherlands

Country: Netherlands
Year: 1996
Court: European Court of Human Rights
Citation: App. No. 20641/92, 24 Eur. H.R. Rep. 456 (1997).
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial
Facts:

The applicant company’s business includes the development of real property and owned 6 blocks of flats nearby the port of Rotterdam. It was reported that a smell of mineral oil had been noticed in a garden during digging. In a report it was found that pollution was caused by heavy metals and the local residents …Read more

Tags: Cleanliness, Contamination, Pollution, Waste, Waste management, Water pollution
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Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion of 8 July 1996

Country: Netherlands
Year: 1996
Court: International Court of Justice
Citation: Advisory Opinion of 8 July 1996
Health Topics: Disasters and emergencies, Environmental health, Public safety
Human Rights: Right to life
Facts:

The Secretary-General of the United Nations requested an advisory opinion from the International Court of Justice on the following question: “Is the threat or use of nuclear weapons in any circumstances permitted under international law?”. The Court determined that it had the jurisdiction and competence to reply to the UN request according to Article 96, …Read more

Tags: Armed conflict, Environmental hazards, Manmade disaster, Nuclear disaster, Nuclear radiation, Nuclear waste, Threat of violence
Download Judgment: English

Feldbrugge v. The Netherlands

Country: Netherlands
Year: 1986
Court: European Court of Human Rights
Citation: App. No. 8562/79, 8 Eur. H.R. Rep. 425 (1986).
Health Topics: Health care and health services, Health systems and financing, Occupational health
Human Rights: Right to due process/fair trial
Facts:

The applicant (Mrs. Feldbrugge), a Netherlands citizen, was removed from sickness benefits she had been receiving through health insurance because a medical examination had shown that she was again fit to work. Upon taking her case to the Appeals Board, the President ruled against her based on the medical testimony of the Board’s medical staff. …Read more

Tags: Health insurance, Health regulation, Out-of-pocket expenditures
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X & Y v. The Netherlands

Country: Netherlands
Year: 1985
Court: European Court of Human Rights
Citation: App. No. 8978/80, 8 Eur. H.R. Rep. 235 (1986).
Health Topics: Child and adolescent health, Disabilities, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Facts:

The applicant, a father of a mentally handicapped woman, found himself unable to institute criminal proceedings against an individual who had sexually assaulted his daughter due to a gap in the domestic criminal laws of the Netherlands, which required the victim to file the complaint herself. Although the victim was more than sixteen years of …Read more

Tags: Children, Disabled, Handicapped, Incapacity, Incompetence, Mental competence, Mental disability, Mental disorder, Mental retardation, Minor, Molestation, Pediatric health, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Violence against women
Download Judgment: English

Winterwerp v. Netherlands

Country: Netherlands
Year: 1979
Court: European Court of Human Rights
Citation: Application No. 6301/73; (1979) 2 EHRR 387; [1979] ECHR 4
Health Topics: Mental health
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person
Facts:

Winterwerp brought an action against the Netherlands following his detention in a psychiatric hospital. Winterwerp was committed to a psychiatric hospital in accordance with the emergency procedure then in force under the Act on State Supervision of Mentally Ill Persons. Six weeks later, during Winterwerp’s emergency detention, his wife applied for his provisional detention at …Read more

Tags: Compulsory commitment, Compulsory confinement, Detainee, Detention, Incompetence, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology
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