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15 judgments found.
Country:
Argentina Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: CSJ 000721/2007(43-A)/CS1
Health Topics:
Aging,
Child and adolescent health,
Disabilities,
Health care and health services,
Health systems and financing Human Rights: Right to development,
Right to health,
Right to life,
Right to social security
Facts: The plaintiff, a Civil Association for the Defense of Rights in the Federal and International Level [Asociación Civil para la Defensa en el Ámbito Federal e Internacional de Derechos – Asociación DE.FE.IN.DER.], filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Institution for Social Security Services for Retiree [Instituto Nacional …Read more
Tags: Access to treatment,
Aging,
Children,
Disabled,
Health insurance,
Health regulation,
Mental illness,
Minor,
Poor,
Right to Health,
Right to Life,
Right to social security,
Social security
Country:
Argentina Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 876. XLVII. REX
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Mental health Human Rights: Right to development,
Right to education,
Right to health,
Right to life,
Right to participation,
Right to work
Facts: The plaintiff filed an appeal to the Supreme Court of Justice of the Province of Buenos Aires [Suprema Corte de la Provincia de Buenos Aires] against the health insurance of the Province of Buenos Aires [I.O.M.A] to obtain comprehensive coverage treatment in a special school [CEPP] for their disabled son that had Down’s syndrome, where he …Read more
Tags: Access to health care,
Access to treatment,
Health regulation,
Mental disability,
Mental illness
Country:
Angola Year: 2013
Court: African Commission on Human and Peoples’ Rights
Citation: Communication 328/06
Health Topics:
Disasters and emergencies,
Poverty,
Public safety Human Rights: Right to a clean environment,
Right to development,
Right to property,
Rights to the benefits of culture
Facts: The state of Cabinda was declared annexed by Angola without any Cabindan participation in 1975. Despite protests by the Cabindan people, Angola exercised sovereignty over Cabinda. Groups in Cabinda attempted to re-claim autonomy of their country in 2002, but Angola undertook a massive military campaign against them. Angola’s large military force committed numerous documented human …Read more
Tags: Armed conflict,
Cruel treatment,
Humanitarian crisis,
Indigenous groups,
Low income,
Military,
Poor,
Threat of violence,
Torture
Country:
Guatemala Year: 2012
Court: Inter-American Court of Human Rights
Health Topics:
Child and adolescent health,
Diet and nutrition,
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Poverty,
Violence,
Water, sanitation and hygiene Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of movement and residence,
Freedom of religion,
Right to bodily integrity,
Right to development,
Right to due process/fair trial,
Right to family life,
Right to liberty and security of person,
Right to life,
Right to privacy,
Rights to the benefits of culture
Facts: This case deals with the destruction of the Mayan community of Río Negro by a series of massacres perpetrated by the Guatemalan army and members of the civil self-defence patrols in 1980 and 1982 which, according to the IACmHR, included the persecution and elimination of members of the Mayan community, subsequent violations directed against the …Read more
Tags: Access to health care,
Assault,
Budget,
Child development,
Children,
Health promotion,
Low income,
Malnutrition,
Minor,
Poor,
Potable water,
Public hospital,
Rape,
Safe drinking water,
Sewage,
Sexual violence,
Violence against women
Country:
Argentina Year: 2011
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 466. XLVI.
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Mental health Human Rights: Right to development,
Right to education,
Right to life,
Right to social security
Facts: The plaintiff brought the case to the First Instance Court of Paraná [Juzgado de Instrucción n° 7 de Paraná] aginst the Helath Insurance Institute of Entre Ríos [Instituto de Obra Social de la Provincia de Entre Ríos – IOSPER] because it refused to provide comprehensive coverage to the autism treatment that the plaintiff’s son needed. …Read more
Tags: Access to treatment,
Children,
Health care and health services,
Mental disorder,
Mental illness,
Minor,
Right to education,
Right to Health,
Right to social security,
Social security
Country:
Colombia Year: 2010
Court: Constitutional Court of Colombia
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Plena octubre 20, 2010, M.P.: Luis Ernesto Vargas Silva, Sentencia C-830/10 (Colom.).
Health Topics:
Child and adolescent health,
Controlled substances,
Environmental health,
Health information,
Public safety,
Tobacco Human Rights: Freedom of expression,
Right of access to information,
Right to a clean environment,
Right to bodily integrity,
Right to development,
Right to health,
Right to life
Facts: Petioner brought action before the Constitutional Court, challenging the constitutionality of Law 1335 of 2009, which imposes a general ban on all forms of tobacco promotion, advertisement and sponsorship and in this case, its constitutionality is being questioned. It imposes bans on behaviors aimed at promoting the consumption of a particular group of goods but …Read more
Tags: Alcohol,
Cancer,
Child development,
Contamination,
Health education,
Health promotion,
Heart disease,
Passive smoking,
Pulmonary diseases,
Respiratory diseases,
Second-hand smoke,
Smoking,
Tobacco control,
Tobacco regulation
Country:
Colombia Year: 2010
Court: Colombian Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Primera de Revisión abril 30, 2010, M.P.: María Victoria Calle Correa, Sentencia T-310/10 (Colom.).
Health Topics:
Health care and health services,
Health systems and financing,
Poverty,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to development,
Right to health,
Right to social security
Facts: 25-year-old Petitioner brought a legal protection action before the Municipal Court of Santa Rosa de Osos against Coomeva EPS for refusing to cover the labiaplasty surgery prescribed by her doctor to treat her condition, labia minora hypertrophy. Petitioner was unable to fully cover the procedure and therefore, claimed that the denial of coverage constituted a …Read more
Tags: Access to treatment,
Diagnostics,
Examination,
Health care professionals,
Low income,
Out-of-pocket expenditures,
Poor,
Social security,
Testing
Country:
Cameroon Year: 2009
Court: African Commission on Human and Peoples’ Rights
Citation: Communication 266/03
Health Topics:
Public safety Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of association,
Right to development,
Right to due process/fair trial,
Right to liberty and security of person,
Right to life,
Right to participation
Facts: The complainants were South Cameroonian citizens who alleged a variety of human rights violations done by Cameroon and were seeking the right to secede and form their own state. In 1961, the United Nations Trust System held a plebiscite that allowed South Cameroonians to join Cameroon or Nigeria but not to form their own country. …Read more
Tags: Police,
Terrorism
Country:
Colombia Year: 2006
Court: Corte Constitucional [Constitutional Court]
Citation: Sentencia C-355/06
Health Topics:
Child and adolescent health,
Health systems and financing,
Mental health,
Poverty,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to development,
Right to health,
Right to liberty and security of person,
Right to life
Facts: 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
Tags: Abortion,
Access to treatment,
Children,
Criminalization,
Cruel treatment,
Degrading treatment,
Family planning,
Late-term abortion,
Maternal health,
Maternal mortality,
Minor,
Pregnancy,
Rape,
Termination of pregnancy,
Therapeutic abortion,
Unsafe abortion
Country:
Peru Year: 2006
Court: Tribunal Constitucional (Constitutional Court)
Citation: Martínez, Pablo Miguel Fabián y Otros v. Ministerio de Salud y la Dirección General de Salud Ambiental (DIGESA), May 12, 2006, Sentencia 2002-2006-PC/TC (Peru).
Health Topics:
Child and adolescent health,
Disasters and emergencies,
Environmental health,
Health care and health services Human Rights: Right to a clean environment,
Right to development,
Right to health,
Right to life
Facts: Petitioners filed a Writ of Mandamus action against the Ministry of Health and DIGESA (the General Directorate of Environmental Health) before the Superior Court of Justice of Lima, requesting that the court order Respondents to design and implement a strategy for public health emergencies for the city of La Oroya, pursuant to articles 96, 97, …Read more
Tags: Air pollution,
Biohazard,
Child development,
Children,
Contamination,
Environmental hazards,
Infant health,
Poisoning,
Pollution,
Precautionary principle
Country:
Argentina Year: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 3226. XXXVIII.
Health Topics:
Child and adolescent health,
Disabilities,
Health care and health services,
Health systems and financing Human Rights: Right to development,
Right to health,
Right to life,
Right to social security
Facts: Parents of daughter with disabilities brought action for legal protection against the Armed Forces of Argentina, as a State organ, for failing to ensure comprehensive coverage of the needed treatment for their daughter. The appeals court reversed the trial court’s decision that granted Petitioners legal protection. The appeals court found that a) Petitioners did not …Read more
Tags: Access to health care,
Access to treatment,
Children,
Disabled,
Health spending,
Infant health,
Minor
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
Country:
Venezuela Year: 2001
Court: Supreme Court
Citation: Expediente No. 00-1343, Sentencia No. 487
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Infectious diseases,
Medicines Human Rights: Right to development,
Right to health,
Right to life,
Right to social security
Facts: The Petitioners were a group of people living with HIV covered by the Venezuelan Institute of Social Security (IVSS). They filed an amparo action against the IVSS requesting that it ensure a regular and consistent supply of HIV triple-therapy drugs and other medicines necessary for treatment of opportunistic infections, and that IVSS cover the expense …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Antiretrovirals,
ARVs,
Diagnostics,
Health expenditures,
Health funding,
Health spending,
HIV,
People living with HIV/AIDS,
PLHIV,
Social security,
Testing
Country:
Sri Lanka Year: 2000
Court: Supreme Court
Citation: SC Application No 884/99 (FR), unreported
Health Topics:
Environmental health,
Infectious diseases Human Rights: Freedom of movement and residence,
Right of access to information,
Right to a clean environment,
Right to development,
Right to work,
Rights to the benefits of culture
Facts: The respondents entered into a draft agreement with a leading US mining company for the exploration of phosphate deposits in Eppawela, an agriculturally developed area of great historical importance and archaeological value. The proposed area of exploration was described as land ‘initially covering 56 square kilometers’. The petitioners, residents of Eppawela, started proceedings in the …Read more
Tags: Environmental degradation,
Forced displacement,
Industrial waste,
Malaria,
Pollution
Country:
Argentina Year: 1998
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 1042. XXXIII.
Health Topics:
Health care and health services,
Health systems and financing Human Rights: Freedom of association,
Right to development,
Right to privacy,
Right to property,
Right to social security,
Right to work
Facts: The Medical Center “Segurola S.A” (“Centro Médico Segurola S.A”) filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State, under article 43 of Argentina’s National Constitution and law 16.986. The plaintiff considered law 24.754 to be unconstitutional because in article 1 it established that the companies that provide prepaid medical …Read more
Tags: Health insurance,
Health regulation,
Right to Property,
Right to work,
Social security
