The Delhi Development Authority (DDA) and the Land and Development Office (L&DO) allocated land to some hospitals in the city of Delhi at rates which were much lower than the market value of the land (concessional rate) but with some conditions. Hospitals which were being awarded land at concessional rates were to provide free treatment …Read more

YL was an 84-year old woman suffering from Alzheimer’s disease, who was entitled to free accommodation provided by the Birmingham City Council under s 21 of the National Assistance Act 1948 (the 1948 Act). The council, with the power given to it by s 26 of the same Act, contracted a private health service provider …Read more

Argentina’s Human Rights Ombudsman brought a claim against the National Government and the Province of Chaco to force Respondents to take the necessary measures to improve the deleterious living conditions of an indigenous community in Chaco that amounted to circumstances of extreme emergency. The Ombudsman claimed that the community lacked fundamental and basic necessities as …Read more

The Municipality of Caxias do Sul brought an interlocutory appeal against the Court of Justice of Rio Grande do Sul’s decision, refusing to admit an extraordinary appeal. The Court of Justice found that the federal, state and municipal governments possessed joint liability, stemming from their duty to provide free pharmaceuticals for the treatment of serious …Read more

The Public Prosecutor’s Office of Santa Catarina filed a public action to compel the State of Santa Catarina to provide pharmaceuticals to a needy individual, for the treatment of his hepatitis B and C. The Court of Justice found that the Public Prosecutor’s filing of the action had been illegitimate. The Public Prosecutor then filed …Read more

The State of Espírito Santo filed an extraordinary appeal against the decision of the Court of Justice of Espírito Santo. The Court of Justice found that the State was responsible for providing all medicine and medical assistance required for the treatment of an individual’s serious disease, including the drug Viagra. The State argued that the …Read more

The State of Pernambuco filed an interlocutory appeal against the Court of Justice of Pernambuco’s decision, refusing to admit an extraordinary appeal. The Court of Justice of Pernambuco found that the State was responsible for providing medication and health services to a needy individual suffering from chronic disease. The State argued that the constitutional obligation …Read more

The Court of Justice found that the State of Rio Grande do Norte had the obligation of providing high-cost medication, free of charge, to an indigent individual suffering from melanoma. The Court of Rio Grande do Norte had previously dismissed an interlocutory appeal brought by the state. The State of Rio Grande do Norte filed an extraordinary …Read more

A Chief of Police contracted Hepatitis C while intervening in the attempted suicide of a prisoner. The the Court of Justice of São Paulo held that the state and its health system were responsible for providing him, an individual in financial need, with medications to treat his Hepatitis C. The State of São Paulo filed an extraordinary …Read more

A minor diagnosed with progressive muscular dystrophy was denied access to a special Municipal transportation service called the ATENDE program because he was not yet using a wheelchair. The ATENDE program was instituted to meet the needs of handicapped people who could not otherwise access common public transportation. The Health Department of Sao Paulo, on …Read more

The plaintiffs were residents of a group of islands heavily affected by the 2004 tsunami. They argued that they were facing a number of problems which the local administration could take steps to mitigate and that the problems required immediate governmental action. They argued that, while there were relief funds, these funds were not being …Read more

The Petitioners, including Praveen Rashtrapal, filed this public interest litigation in the Gujarat High Court under Article 226 of the Constitution (original writ jurisdiction of High Courts). The petition was filed on behalf of sewage cleaners (cleaners) in and around the City of Ahmadabad. The Petitioners claimed that the right to life and health of …Read more

The petitioner was challenging an order of detention for allegedly engaging in trafficking of women and girls. The grounds of the order were that petitioner was an “immoral traffic offender” which is “a person who habitually commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, …Read more

An urgent application was filed on behalf of fifteen prisoners living with HIV/AIDS who required antiretroviral (ARV) treatment while incarcerated at the Westville Correctional Centre (WCC) in KwaZulu-Natal province. The Applicants were acting in their individual capacities and as representatives of the class of prisoners incarcerated at WCC. The sixteenth applicant was the Treatment Action …Read more

The National Institute of Social Security filed an interlocutory appeal with basis in the Code of Civil Procedure and the bylaws of the Federal Supreme Court against the decision upheld by this same court in September 2005 which stated that the matter in discussion did not directly offend the Constitution and required the re-examination of …Read more

The State of Rio Grande do Sul filed an extraordinary appeal against the decision of the lower court, which found the State was responsible for providing medication free of charge, to an individual with HIV who could no longer afford the medications. The State argued that it was not responsible for the provision of free …Read more

Women petitioners brought a tutela action (appeal for legal protection) requesting that the Court declare unconstitutional particular provisions of the Penal Code (Articles 122 (criminalized abortion), 123 (criminalized abortion without consent), and 124 (mitigating circumstances)) that criminalized abortion, claiming that, first, the doctrine of res judicata did not apply to them with regards to previous decisions …Read more

In 2001, Peru’s Department of Health approved the emergency oral contraceptive and resolved to provide it at no charge throughout the nation. Following cases of repeated noncompliance with this resolution, plaintiffs initiated this legal action to enforce compliance. Specifically, the petitioners asserted that the mandates whose compliance they were demanding were: (1) To ensure a …Read more

The Petitioner, an elderly woman with diabetes, filed an action of amparo against the I.N.S.S.J.P, a public entity devoted to the provision of public health insurance to retired people. She requested the judiciary to order the Respondent to provide her 100U of human insulin, reactive tape and disposable syringes, as well as the medicine “Ampliactil” …Read more

Vicki Yisraeli was gradually going deaf, and was diagnosed as having hearing at a level 15% of that of a healthy person. She sought a cochlear implant procedure to save her hearing. However, to obtain one, she was required under the Second Supplement of the National Insurance Law, 1994 (the Law) to pay a participation …Read more

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

Plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Province of Buenos Aires and the Federal State  alleging that, due to omissions attributable to both states, her children suffered from malnutrition. She requested that the Court issue a provisional measure ordering the respondents to promptly satisfy the most basic nutritional and …Read more

The appellants were Mexican citizens who arrived in Canada and made a claim for refugee protection. Before their claim was heard, the male appellant was diagnosed with end-stage renal failure and was immediately put on life-sustaining hemodialysis treatment. The Immigration and Refugee Board (‘Board’) denied their claim for refugee protection. Among other findings, the Board …Read more

The Competition Tribunal examined a merger between Medicross Healthcare Group (Pty) Ltd (Medicross) and Prime Cure Holdings (Pty) Ltd, companies providing primary care healthcare services to medical aid schemes. The transaction envisaged that Medicross would acquire the entire share capital of, and loan claims against, Prime Cure. Prime Cure manages and administers 45 primary healthcare …Read more

Applicants, residents of Iwherekan community in the Delta State of Nigeria, applied for an order enforcing their fundamental right to life and dignity of human person as provided by sections 22(1) and 34(1) of the Constitution of the Federal Republic of Nigeria, 1999 (the “Constitution”) and articles 4, 16, and 24 of the African Charter …Read more

The applicants were 25 Romanian nationals of Roma origin that faced attacks against their property and persons during a riot and the following few days. By the time of the present case, 18 of the applicants had participated in a friendly settlement and only seven remained as parties to this judgment. In September 1993, a …Read more

Petitioners, leaders of the Yakye Axa indigenous community of the Enxet-Lengua people, filed suit against the Republic of Paraguay alleging violations articles 4 (right to life) and 25 (right to judicial Protection) of the American Convention on Human Rights (the Convention). They further alleged that Paraguay ignored article 27 of the International Covenant on Civil …Read more

Section 95 of the Immigration and Asylum Act 1999 (‘the Act’) authorized the Home Secretary to provide or arrange for the provision of support for asylum-seekers and their dependents who appeared to be destitute, as defined, or likely to become so within a prescribed period. L, A and T, from Angola, Ethiopia and the Sudan …Read more

The village of Moiwana, consisting of N’djuka people of African descent, was attacked in November 1986 by members of the armed forces of Suriname, who allegedly massacred  40 men, women and children, and “razed the village to the ground.” Members of Moiwana practiced hunting, farming, and fishing as their means of subsistence. Following the massacre, …Read more

The State of Mato Grosso filed an extraordinary appeal against the decision of the Court of Justice of Mato Grosso. The Court of Justice found that the State was responsible for providing free medication for the treatment of HIV/AIDS to a needy individual, even though the medication was not included in the list of medication …Read more