In 1986, the Delhi Capital Government (“GNCTD”) decided to convert the vacant Players’ Building into a multi-specialty hospital on a ‘no profit, no loss’ basis and invited offers from private institutions. GNTCD issued a notice stating that the vacant building along with the land was to be made available free of cost provided that the …Read more

This was an appeal from an order of the South Gauteng High Court. The Applicants were members of the Harry Gwala Informal Settlement (Settlement). They approached the High Court for an order against the Ekurhuleni Metropolitan Municipality (Municipality) to install communal water taps, temporary sanitation facilities, refuse removal facilitation and high-mast lighting in key areas, …Read more

Wong and Selim were “vocationally registered general practitioner(s)” within s 3F of the Health Insurance Act 1973 (Cth) (the Act). Both were found to have engaged in “inappropriate practice” by a Professional Services Review Committee (the Committee) established under Pt VAA (ss 80-106ZR) of the Act. The effect of the Committee’s findings was to require …Read more

In an earlier decision – Right to Life New Zealand Inc v the Abortion Supervisory Committee [2008] NZHC 865 – the presiding judge reserved his opinion on whether he ought to order declaratory relief in favour of the applicant, Right to Life New Zealand Inc (RTL). In that case RTL successfully argued that the respondent, …Read more

The applicant, a Moldovan national, complained that the Republic of Moldova violated his rights under Articles 3, 5, and 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) by detaining him without a lawful basis and failing to provide proper medical care. Detention: The applicant was a deputy mayor …Read more

The applicant, a Polish national, alleged a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) based on inadequate medical care during his detention in various Polish detention centers, as well as the overcrowding and poor conditions in those same facilities. In April of 2005, the …Read more

The applicant is a 53 year-old prisoner in Serbia who complains of the refusal of the State to provide free dentures and of interference with his correspondence by prison authorities. The applicant suffered from paradontosis which caused the loss of teeth. On February 13, 2004 the applicant was examined by the prison dentist and was …Read more

The case concerns the death of Mr. Vinicio Antonio Poblete Vilches that took place in a public hospital in the city of Santiago. The petitioners (Mr. Vilches’ wife and sons) claimed that the physicians treating Mr. Vilches were responsible for his death. In January 2001, Mr. Vilches was brought to a public hospital in Santiago …Read more

Richard Solórzano Contreras was stabbed in the neck near his home in Guatemala from where his brother rushed him to the state hospital. Solórzano Contreras’s father, the petitioner, alleged that at the hospital the doctor and nurses did not perform any operations to try to save his son’s life. Rather, they “merely cleaned the wound, …Read more

In July 1998, two sons were in a car crash from which they suffered serious injuries and needed to undergo several surgical procedures.  Their father brought a case against the state of Guatemala. In March 1999, criminal and civil charges were filed against the drivers of the two vehicles under domestic Guatemalan law, leading to a …Read more

This report addresses allegations that El Salvador failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to health and the right life. Petitioner, Jorge Odir Miranda Cortez, filed a petition on behalf of himself and 26 other people living with HIV against the State of …Read more

This report addresses the admissibility of a petition that alleged Mexico failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to equal protection of the law and the right to humane treatment. J.S.C.H. and M.G.S. were discharged from the Mexican Army because of their HIV …Read more

Petitioners alleged that environmental pollution from a metallurgical complex in La Oroya, Peru caused a series of violations of the rights of community members. They alleged Peru was guilty by act and omission for its failure to control the metallurgical complex; its lack of supervision of the facility’s operation; and its failure to adopt measures …Read more

YA was a Palestinian diagnosed with liver problems. He had been involved with Hamas but, when asked to participate in a political assassination, fled to Egypt. In Egypt, YA’s liver problems worsened, but he could not access medical treatment because of inadequate medical facilities. Therefore, he flew to London and claimed asylum. His claim for …Read more

The law applicable to abortion and medically induced miscarriages in Northern Ireland was a 19th century law (the Offences against the Person Act 1861), which made it a crime to procure a miscarriage. Courts had interpreted this principle to decide that if a person who procured the abortion acted in good faith for the purpose …Read more

The Municipality of Vitoria, in the State of Espritio Santo, Brazil, and the Federal Government appealed to the Federal Supreme Court of Brazil – an extraordinary appeal – to have the decision of the lower court overruled. The lower court had decided in favor of Alessandro Dias Almeida and others that the State should provide …Read more

Petitioner Hernán Antonio Barrero Bravo brought action challenging the constitutionality of Law 860 (Reform of the Social Security System law), alleging its violation of articles 48 (principle of progressive realization), 49 (principle of non-retrogression of social rights) and 53 (principle of non-retrogression in the protection given by the previous law) of the Constitution in changing …Read more

The petitioner, a Colombian national, filed a tutela (an appeal for legal protection) on behalf of his partner who was 19 weeks pregnant. The petitioner’s partner underwent examination and discovered that the fetus exhibited serious malformations that made the fetus unviable. Despite the advice of a board of specialists to terminate the pregnancy, the local health …Read more

The Flemish Community brought a claim against the Belgian state, challenging Article 21 of the 1967 Royal Decree (Article 21) concerning healthcare professionals. In assessing the matter, the State Board referred two interlocutory questions to the Constitutional Court. The first question was whether Article 21 unconstitutionally infringed on the jurisdiction of the Flemish Community by …Read more

The applicants were two, non-authorized physicians registered with the Saint-Vincent-Sainte-Elisabeth Hospital Center. Non-authorized physicians, unlike authorized physicians, work in private settings and do not fall within the public national healthcare system. The applicants challenged the constitutionality of Article 46 of a 2006 law passed on health provisions, in that it treated authorized and non-authorized doctors …Read more

The complainants, two human rights organizations based in Sudan, the United Kingdom and Canada, alleged gross and systematic violations of human rights on the part of the Republic of Sudan and Government-supported militia forces in the Darfur region against indigenous tribes, including the Fur, Marsalit and Zaghawa. The organizations alleged that since General Omar Al-Bashir …Read more

A Russian national filed a claim against the Russian government for violating his rights under Article 3 (inhuman and degrading treatment) of the European Convention on Human Rights (ECHR) when he was subjected to poor conditions during his imprisonment. The applicant was arrested, convicted on criminal charges and sentenced to over 10.5 years of detention. …Read more

On 27 August 2003, the defendant doctor, who had worked as an infectious disease physician at the Department of Infectious Diseases at the Kovel central regional hospital, examined her patient who was showing signs of  respiratory and cardiac failure. The defendant doctor left her patient in this critical health condition without taking the appropriate medical measures …Read more

This case concerned a constitutional challenge to Articles 1, 10, 23, 84, 91 and 133 of law no.  2009-879 of July 21 2009, Loi portant réforme de l’hôpital et relative aux patients, à la santé et aux territoires (Law reforming hospitals and relating to patients, health and the territories) (the Law) in the Conseil Constitutionnel. …Read more

The state healthcare institution (“SHI”) appealed the imposition of an administrative fine of 10,000 rubles which had been imposed on it for a violation of Paragraph 3 Article 19.20 of the Code of Administrative Offences of the Russian Federation (“CAO RF”), which prohibited conducting activities in violation of the relevant license (here, licenses related to …Read more

The applicant R.A. injured his right ankle joint when ice skating on January 4th, 2008.  He went to an emergency room at the defendant’s Medical Healthcare Institution ”G” (“MHI ‘G’”) in order to receive care.  However, a doctor there only examined his ankle with her hands, and diagnosed a ligament sprain in the right joint, …Read more

The plaintiff sued the defendant, Regional Healthcare Department of the Generalitat Valenciana (RHD) for a refund of medical expenses following its denial of fertilization treatment. The plaintiff was carrying a genetic illness multiple endocrine neoplasia type II (MEN II). She had surgery after being diagnosed with the disease. Subsequently, the plaintiff decided she wanted to …Read more

Appeals were filed by both parties to a decision in a case involving health damages sustained by a child as a result of a delay of the mother’s cesarean during childbirth. The child in the case suffered damages when, as a result of the lack of appropriate staff on-site, there was a delay in performing …Read more

Mr. Domingo was involved in an accident where he fractured his right femur. The Hospital of Bellvitge, where he was admitted, required patients to consent to a blood transfusion due to the risk of hemorrhage during surgery. Mr. Domingo refused a possible blood transfusion due to his religious beliefs as a Jehovah’s witness. Therefore, Mr. …Read more

Plaintiff sued the Catalonian Institute of Health for alleged medical malpractice and lack of informed consent relating to an electrophysiological study that he underwent when he arrived at the hospital with severe arrhythmia and in an emergency condition. Plaintiff was a high-risk patient due to his past medical history, which included prior heart attacks and …Read more