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155 judgments found.


Moiwana Community v. Suriname

Country: Suriname
Year: 2005
Court: Inter-American Court of Human Rights
Citation: Moiwana Community v. Surin., Preliminary Objections, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 124 (June 15, 2005).
Health Topics: Disasters and emergencies, Mental health, Poverty, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to property
Facts:

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

Tags: Armed conflict, Assault, Forced displacement, Humanitarian crisis, Indigent, Law enforcement, Low income, Military, Militias, Police, Poor, Refugees, Underprivileged
Download Judgment: English

Orlando, Susana Beatriz v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2005
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: O. 59. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Medicines, Poverty
Human Rights: Right to health
Facts:

Susana Orlando, a 55-year-old-woman suffering from multiple sclerosis, brought a claim of amparo against the Federal State and the Province of Buenos Aires for acts and omissions preventing her to obtain the medicine she needed to fight her disease and that she could not afford. In particular, she complained about the fact that her illness …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Blind, Disabilities, Handicapped, Low income, Neurological diseases, Poor, Underprivileged
Download Judgment: Spanish

X v. State Bank of India

Country: India
Year: 2004
Court: High Court - Bombay
Citation: Writ Petition No. 1856 of 2002
Health Topics: HIV/AIDS, Infectious diseases, Occupational health, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life, Right to privacy, Right to work
Facts:

X, the Petitioner, was a sweeper with the State Bank of India, the Respondent, for nine years on a contractual basis.  The Respondent considered the Petitioner for another job and required him to undergo some medical tests. The Petitioner was deemed fit for the job by the concerned doctor. His ELISA test, however, showed that …Read more

Tags: HIV positive, HIV status, Occupational health and safety, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Underprivileged
Download Judgment: English

Suo Moto v. State of Rajasthan

Country: India
Year: 2004
Court: High Court - Rajasthan
Citation: AIR 2005 Raj 82; RLW 2005 (2) Raj 1437
Health Topics: Environmental health, Health information, Health systems and financing, Infectious diseases, Poverty, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to life, Right to water and sanitation
Facts:

The case was regarding multiple suo moto orders issued by the Rajasthan High Court to the municipal authorities of the city of Jaipur to clean-up, restore and maintain the city which was plagued with trash, open sewage and polluted water bodies. Specific orders were issued to remove and dispose of the plastic and polyethylene bags …Read more

Tags: Awareness, Clean water, Cleanliness, Drinking water, Environmental degradation, Environmental hazards, Garbage, Health education, Health expenditures, Health promotion, Health spending, Low income, Pollution, Poor, Potable water, Safe drinking water, Sewage, Trash, Underprivileged, Waste, Waste management, Water pollution
Download Judgment: English

Öneryildiz v. Turkey

Country: Turkey
Year: 2004
Court: European Court of Human Rights
Citation: Application No. 48939/99; (2005) 41 EHRR 20; [2004] ECHR 657; 18 BHRC 145, (2005); [2004] Inquest LR 108
Health Topics: Disasters and emergencies, Environmental health, Health information, Poverty, Water, sanitation and hygiene
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life, Right to housing, Right to life
Facts:

A household-rubbish tip, or dump, was created in the Ümraniye district of Istanbul. Illegal dwellings were constructed around the rubbish tip. A report found that the rubbish tip posed health risks and the possibility of explosion. In April 1993 there was a methane explosion which triggered a landslide. Nine of the applicants’ family members were …Read more

Tags: Awareness, Cleanliness, Cleansliness, Contamination, Environmental hazards, Forced displacement, Garbage, Indigent, Law enforcement, Low income, Manmade disaster, Pollution, Poor, Sewage, Trash, Underprivileged, Waste, Waste management
Download Judgment: English French

NS (Afghan women) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2004
Court: Immigration Appeal Tribunal
Citation: [2004] UKIAT 00328
Health Topics: Health care and health services, Mental health, Poverty, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life
Facts:

An Afghani woman (appellant) seeks asylum in the United Kingdom. The Appellant and her husband lived and worked in Kabul, Afghanistan with their three young children. After war broke out in 1992 and the destruction of the family home, the Appellant and her family left Kabul and moved to Takhar, a town in northern Afghanistan …Read more

Tags: Access to health care, Access to treatment, Assault, Asylum, Indigent, Low income, Mental illness, Poor, Rape, Refugees, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Suicide, Violence against women
Download Judgment: English

Secretary of State for the Home Department v. Wayoka Limbuela and Ors.

Country: United Kingdom
Year: 2004
Court: Court of Appeal, Civil Division
Citation: [2004] EWCA Civ 540
Health Topics: Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to housing, Right to social security
Facts:

This case concerned what level of destitute asylum seekers must have reached before their condition signified a violation of Article 3 of the European Convention on Human Rights and Fundamental Freedoms (“Convention”), which prohibits torture and cruel or inhuman or degrading treatment. A violation of Article 3 required the Secretary of State for the Home …Read more

Tags: Access to health care, Access to treatment, Asylum, Degrading treatment, Health expenditures, Health funding, Humiliating treatment, Immigrants, Immigration, Indigent, Inhuman treatment, Migrants, Poor, Refugees, Social security, Underprivileged
Download Judgment: English

Case 1294-2004-R

Country: Bolivia
Year: 2004
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Citation: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia], Constitutional Judgment 12/94/2004-R, August 12, 2004 (Bol.)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to health, Right to life, Right to social security
Facts:

The National Commission on Benefits of the National Health Treasury (CNS) provided free medical insurance for the elderly. Alejandro Cuba Plaza, a beneficiary of CNS, was diagnosed with “terminal chronic kidney failure” and treated with ongoing hemodialysis at Obrero Hospital. After 52 weeks of treatment, CNS ordered the Director of Obrero Hospital to transfer Plaza …Read more

Tags: Access to health care, Access to treatment, Aged persons, Budget, Elderly, Health care technology, Health funding, Health insurance, Health regulation, Health spending, Kidney disease, Long-term care, Low income, Older persons, Out-of-pocket expenditures, Poor, Private hospitals, Public hospitals, Senior citizens, Social security, Subsidies, Tertiary care
Download Judgment: English Spanish

Case 2945-2003-AA/TC

Country: Peru
Year: 2004
Court: Constitutional Court
Citation: Sentencia 2945-2003-AA/TC (2004). (Azanca Alhelí Meza García v. Ministry of Health)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The petitioner filed a writ of amparo (appeal for legal protection) against the Ministry of Health of Peru. She sought free administration of comprehensive medical treatment for HIV, including both the continuous delivery of necessary medicines and the performance of periodic CD4 cell count and viral load tests upon medical indication and/or the patient’s urgent …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Essential medicines, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, HIV, HIV positive, Indigent, Low income, Most-at-risk, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Poor, Social security, Testing, Underprivileged
Download Judgment: English Spanish

Case 358-2004

Country: Mexico
Year: 2004
Court: Supreme Court of Justice of the State of Michoacán [Supremo Tribunal de Justicia del Estado de Michoacán]
Citation: No. 358/2004, appeal of criminal process 257/2003
Health Topics: Child and adolescent health, Mental health, Poverty, Sexual and reproductive health, Violence
Human Rights: Right to family life, Right to life
Facts:

O.M. is a Mexican woman who left her newborn son in a garbage can in the municipal headquarters of Santa Clara del Cobre after having given labor in the public restrooms. The woman placed toilet paper on the newborn child’s mouth cavity and nostrils to prevent others from hearing the newborn child cry, cut his …Read more

Tags: Child mortality, Childbirth, Family planning, Incapacity, Incompetence, Indigenous groups, Infant mortality, Insanity, Low income, Poor, Pregnancy, Psychology, Rape, Sexual assault, Sexual violence, Underprivileged, Viability
Download Judgment: English Spanish

Maria Mamerita Mestanza Chavez v. Peru

Country: Peru
Year: 2003
Court: Inter-American Commission on Human Rights
Citation: Report No. 66/00, Case 12.191, October 3, 2000; OEA/Ser./L/V/II.111, doc. 20 rev., 16 April 2001
Health Topics: Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
Facts:

A group of NGOs lodged a petition with the Commission alleging that Peru violated Maria Mamérita Mestanza Chávez’s rights on account of a forced sterilization that resulted in her death. Peru implemented a family planning policy involving compulsory and systematic sterilization in order to modify the reproductive behavior of the population. Poor, indigenous, and rural …Read more

Tags: Childbirth, Compulsory sterilization, Compulsory treatment, Forced sterilization, Forced treatment, Inadequate treatment, Indigenous groups, Indigent, Infertility, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Mandatory treatment, Maternal health, Maternal mortality, Negligence, Non-consensual testing and treatment, Poor, Pregnancy, Sterilization, Unauthorized treatment
Download Judgment: English Spanish

R (on the application of Q) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2003
Court: Court of Appeal, Civil Division
Citation: [2003] All ER (D) 409 (Oct); [2003] EWHC 2507 (Admin); [2004] QB 36 [2003]; EWCA Civ 364, [2003] 2 All ER 905
Health Topics: Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to housing, Right to social security
Facts:

F, M, D, B, J and Q were six asylum-seekers who had sought assistance from the Secretary of State under the Nationality, Immigration and Asylum Act, 2002. As per section 55 of the Act, the Secretary of State may not provide support to an asylum-seeker, if the Secretary “is not satisfied that the claim was …Read more

Tags: Asylum, Immigration, Indigent, Inhuman treatment, Migrants, Poor, Refugees
Download Judgment: English

Díaz, Brígida v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación]
Citation: D.2031.XXXVIII
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health
Facts:

Brigida Díaz was told by her doctors that she urgently needed surgical intervention to replace her pacemaker. Her original pacemaker had been covered by a social welfare scheme, and she had used these funds to replace it once. However, by the time she was told that her pacemaker needed to be replaced a second time, …Read more

Tags: Access to health care, Access to treatment, Health care technology, Heart disease, Indigent, Low income, Out-of-pocket expenditures, Poor, Reimbursement, Social security, Subsidies, Underprivileged
Download Judgment: English Spanish

Adviento v Canada (Minister of Citizenship and Immigration)

Country: Canada
Year: 2003
Court: Federal Court
Citation: 2003 FC 1430
Health Topics: Chronic and noncommunicable diseases, Health information, Health systems and financing, Medicines, Poverty
Human Rights: Right to health
Facts:

The applicant was a citizen of the Philippines who entered Canada in 1990 under the Foreign Domestic Program, later renamed the Live-In Caregiver Program. She remained legally employed as a caregiver until her employment authorization expired in 1998. Nonetheless, she continued to stay and work in Canada. In 1994, the applicant was diagnosed with kidney …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Essential medicines, Examination, Health expenditures, Health facilities, Health funding, Health insurance, Kidney disease, Low income, Noncommunicable diseases, Out-of-pocket expenditures, Pharmaceuticals, Poor, Testing, Underprivileged
Download Judgment: English

People’s Union for Civil Liberties v Union of India and Ors

Country: India
Year: 2003
Court: Supreme Court of India
Citation: WRIT PETITION (CIVIL) NO. 196 OF 2001
Health Topics: Diet and nutrition, Poverty
Human Rights: Right to food, Right to health, Right to life
Download Judgment: English

Nitecki v. Poland

Country: Poland
Year: 2002
Court: European Court of Human Rights
Citation: Application No. 65653/01
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

Applicant Mr. Zdzislaw Nitecki was a Polish national diagnosed with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, in 1976. In June 1999, he was prescribed the drug Rilutek to treat his ALS. He appealed to the Kujawsko-Pomorski Health Insurance Fund (“Fund”) to reimburse his out-of-pocket costs, noting that, as a pensioner, he …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Budget, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Low income, Neurological diseases, Noncommunicable diseases, Out-of-pocket expenditures, Pharmaceuticals, Poor, Pricing, Reimbursement, Subsidies, Underprivileged
Download Judgment: English

Benedict Jacob v. Grenada

Country: Grenada
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: "Report No. 56/02, Case 12.158, Inter-Am. C.H.R., Doc. 5 rev.1 at 601, OEA/Ser.L/V/II.117 Doc. 1 rev. 1, 7 March 2003"
Health Topics: Mental health, Poverty, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Jacob was convicted of murder by the State and a mandatory death sentence by hanging was imposed on him in accordance with the domestic law of Grenada. Jacob and the deceased had been in a relationship and had lived together previously, ending their cohabitation a few months before the deceased’s death. A psychiatrist testified on …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Imprisonment, Incarceration, Indigent, Inhuman treatment, Inmate, Insanity, Jail, Low income, Poor, Prison conditions, Psychiatry, Torture
Download Judgment: English Spanish

Paul Lallion v. Grenada

Country: Grenada
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Paul Lallion, Report No. 55/02, Case 11.756, IACHR, Doc. 5 rev. 1 at 551, 21 October 2002
Health Topics: Diet and nutrition, Health care and health services, Poverty, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Paul Lallion appealed to the Inter-American Commission on Human Rights alleging that his death penalty sentencing and appeal process, as well as the prison conditions he was subjected to during this process, violated Articles 4 (right to life), 5 (right to humane treatment), 7 (right to personal liberty), 8 (right to a fair trial), and …Read more

Tags: Abuse, Access to health care, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Diet, Execution, Imprisonment, Incarceration, Indigent, Inhuman treatment, Inmate, Jail, Law enforcement, Police, Poor, Prison conditions, Solitary confinement
Download Judgment: English Spanish

Gosselin v. Quebec (Attorney General)

Country: Canada
Year: 2002
Court: Supreme Court
Citation: [2002] 4 S.C.R. 429, 2002 S.C.C. 84
Health Topics: Poverty
Human Rights: Freedom from discrimination, Right to liberty and security of person, Right to life, Right to social security
Facts:

In 1984 the Quebec government created a new social assistance scheme. Section 29(a) of the Regulation Respecting Social Aid (the Regulation), made under the 1984 Social Aid Act, set the base amount of welfare payable to persons under the age of 30 at roughly one third of the base amount payable to those 30 and …Read more

Tags: Indigent, Low income, Poor, Social security, Underprivileged
Download Judgment: English French

Orlando, Susana Beatriz v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: O. 59. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Medicines, Poverty
Human Rights: Right to health
Facts:

A 55-year-old woman suffering from multiple sclerosis brought case against the Government of Argentina and the Province of Buenos Aires for acts and omissions that prevented the provision of the medications necessary for her condition that she could not afford. The petitioner’s illness did not fall within the provincial government’s jurisdiction for coverage. Therefore, the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Blind, Disabilities, Handicapped, Low income, Neurological diseases, Poor, Underprivileged
Download Judgment: English Spanish

Ramos, Marta Roxana, et al. v. Province of Buenos Aires, et al.

Country: Argentina
Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 12/3/2002, "Ramos, Marta Roxana y otros c/ Buenos Aires, Provincia de y Otros s/Amparo," (R. 1012. XXXVI) (Arg.).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to development, Right to education, Right to food, Right to health, Right to housing, Right to social security
Facts:

Woman living in extreme poverty brought an action against the Ministry of Social Development and Environment of the Nation, the Province of Buenos Aires, and Hospital of Pediatrics Profesor Juan P. Garrahan on behalf of her eight children and herself, seeking, among others, the protection of their rights to food, health, education, and housing; the …Read more

Tags: Access to health care, Access to treatment, Children, Clinics, Emergency care, Health funding, Health insurance, Minor, Out-of-pocket expenditures, Pediatric health, Public hospitals, Reimbursement, Social security, Subsidies
Download Judgment: English Spanish

Jordan, et al. v. State

Country: South Africa
Year: 2002
Court: Constitutional Court
Citation: 13 BHRC 203; [2002] (11) BCLR 1117 (CC)
Health Topics: Poverty
Human Rights: Freedom from discrimination, Right to liberty and security of person, Right to privacy, Right to work
Facts:

On 20 August 1996 a police officer entered a brothel owned by the first appellant in Pretoria, paid R250 to the second appellant and a salaried employee, and received a pelvic massage by the third appellant, a prostitute. All three were charged with contravening s20(1)(aA) of the Sexual Offences Act 1957 (‘the Act’) which criminalised …Read more

Tags: Criminalization, Indigent, Poor, Sex workers
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

Álvarez, Oscar Juan v. Province of Buenos Aires et al.

Country: Argentina
Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A.304.XXXVII
Health Topics: Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health
Facts:

Oscar Álvarez, a 46 year old man who was disabled, unable to work and facing economic difficulties, filed an guarantee of protection of individual constitutional rights (amparo protection) against the Province of Buenos Aires and the National State. The plaintiff stated that he suffered from paralysis, both for congenital reasons and as a result of an accident. …Read more

Tags: Access to health care, Access to treatment, Disabled, Handicapped, Health insurance, Indigent, Low income, Out-of-pocket expenditures, Physically challenged, Poor, Social security, Underprivileged
Download Judgment: English Spanish

Monteserin, Marcelino v. Estado Nacional – Ministerio de Salud y Acción Social – Comisión Nacional Asesora para la Integración de Personas Discapacitadas – Servicio Nacional de Rehabilitación y Promoción de la Persona con Discapacidad

Country: Argentina
Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 16/10/2001, "Monteserin, Marcelino c/ Estado Nacional - Ministerio de Salud y Acción Social - Comisión Nacional Asesora para la integración de Personas Discapacitadas - Servicio Nacional de Rehabilitación y Promoción de la Persona con Discapacidad s/ recurso de hecho," (M. 375. XXXVI) (Arg.).
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health, Right to life, Right to social security
Facts:

Adoptive father of child with cerebral paralysis brought case against the State of Argentina and its dependent agencies to force them to fulfill their obligations under Arts. 3 (second paragraph) and 4 of Law N° 24.901 (subsidized healthcare system) , and Art. 23 of the International Convention on the Rights of the Child (Right of …Read more

Tags: Access to health care, Access to treatment, Budget, Child development, Children, Disabled, Health spending, Low income, Minor, Poor
Download Judgment: English Spanish

Case T-1132/01

Country: Colombia
Year: 2001
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Séptima de Revisión octubre 25, 2001, M.P.: Eduardo Montealegre Lynett, Sentencia T-1132/01 (Colom.).
Health Topics: Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life, Right to social security
Facts:

Originally, three individuals living with HIV brought action against Hospital Simón Bolívar and the District’s Secretary of Health for the Hospital’s refusal to provide them with the necessary medications and treatment for their condition upon petitioners’ inability to afford payment of the medications and services. The petitioners claimed violations of their rights to health, life …Read more

Tags: Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Health expenditures, Health funding, Health regulation, Health spending, HIV, Low income, People living with HIV/AIDS, PLHIV, Poor, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Subsidies, Underprivileged
Download Judgment: Spanish

Professor Yosef Gamzu v. Na’ama Yeshayahu

Country: Israel
Year: 2001
Court: Supreme Court (sitting as the Court of Civil Appeal)
Citation: LCA 4905/98
Health Topics: Diet and nutrition, Poverty
Human Rights: Right to food, Right to health, Right to housing, Right to liberty and security of person
Facts:

The appellant owed the respondent and her daughter a maintenance debt that had accumulated to about 1.25 million New Shekel, having previously failed to pay regular maintenance and child support payments to his wife and daughter.  Being unable to afford this amount as a lump sum, he sought to have the Head of the Execution …Read more

Tags: Hunger, Indigent, Low income, Poor, Starvation
Download Judgment: English Hebrew

Harding v. The Superintendent of Prisons and the Attorney General

Country: Saint Lucia
Year: 2001
Court: Court of Appeal
Citation: Civil Appeal No. 13 of 2000
Health Topics: Poverty, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The Appellant, a 51 year-old man who had spent much of his life in prison for violent crimes was arrested and convicted in St. Lucia. He was deemed dangerous and placed in a maximum-security section of the prison in cellular confinement with death row inmates. He was placed in mechanical restraints with chains tied to …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Poor, Prison conditions, Solitary confinement, Torture
Download Judgment: English

Subodh Sarma and Anr. v. State of Assam and Ors

Country: India
Year: 2000
Court: High Court - Gauhati
Citation: Civil Rule No. 3984/96
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

Jahnabi Goswami Sharma was the wife of an “AIDS patient.” Her “miserable plight” prompted the Petitioner, Subodh Sharma, an independent social activist, to file a public interest litigation on behalf of people living with HIV and members of their family in the Gauhati High Court under Article 226 of the Constitution of India (original writ jurisdiction …Read more

Tags: Access to medicines
Download Judgment: English

South Africa v. Grootboom

Country: South Africa
Year: 2000
Court: Constitutional Court
Citation: Government of the Republic of S. Afr. v. Grootboom, [2000] ZACC 19; 2001 (1) SA 46; 2000 (11) BCLR 1169 (S. Afr.).
Health Topics: Health care and health services, Poverty
Human Rights: Right to health, Right to housing
Facts:

Mrs. Grootboom and other respondents were homeless and living in appalling conditions. Many had applied for subsidized low-cost housing through the municipality and had been on the waiting list for a period of up to seven years. While waiting for the assignment, they decided to move and illegally live on someone’s private land. Respondents were …Read more

Tags: Indigent, Low income, Poor, Underprivileged
Download Judgment: English