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

Petitioner had worked for the Coffee Board (the “Board”), a statutory body working under the administrative control of the Department of Commerce, for 24 years prior to his retirement. The pension benefits for retiring employees under the Central Civil Services (Pension) Rule (the “Rules”) were fixed by the Board. The Central Government had effectuated a …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

The applicant worked as a section officer in the Department of Foods and then became a pensioner post retirement. As a central government employee, he was entitled to reimbursement of medical expenses incurred by him or his family members under the Central Government Health Scheme (CGHS). In 2001 the applicant and the applicant’s wife incurred …Read more

In this constitutional challenge, the Applicants, including the Affordable Medicines Trust, applied for leave to appeal directly to the Constitutional Court an order of the High Court, which dismissed their constitutional challenge of certain aspects of a Government licensing scheme. The licensing scheme provided that health care providers, such as medical practitioners and dentists, could …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

In 1996, the National Power Corporation (NPC) began building towers to support high tension cables for a power transmission project. The transmission lines ran through the Dasmarinas Village, where the Petitioners lived. The Petitioners, fearing the health effects of the towers, discovered studies linking high rates of cancer and other illnesses with exposure to electromagnetic …Read more

This case was a reference for a preliminary ruling, concerning the interpretation of Articles 48-50 of the Treaty establishing the European Community, as well as Article 22 of Council Regulation 1408/71 on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community. The reference arose …Read more

The case concerned the welfare of an Accused who undertook a hunger strike while one of his appeals was pending. The Accused was self-represented and displayed significant disdain for the proceedings of the Tribunal. On July 4, 2006, the Tribunal made a decision as to the production and availability of documents to the Accused, stipulating …Read more

The appellant Ann Rogers, suffered from type HER2 breast cancer, which was in its early stages. She had a poor prognosis of only a 25% chance of remaining free of breast cancer and a 43% chance of being alive at ten years. Herceptin was licensed by the European Medicines Agency (EMEA) for treatment of only …Read more

The applicant was a detainee seeking: (1) a declaration that her arrest was unlawful under the Constitution of Gambia (the “Constitution”); (2) a declaration that her subsequent detention was unlawful and unconstitutional; and (3) an order for release. The applicant was arrested at her residence on April 6, 2006 in relation with a suspected attempted …Read more

Falcon María Liliana filed anguarantee of protection of individual constitutional rights (amparo protection) against a hospital in Argentina for refusing to perform a sterilization procedure during the birth of her seventh child. The plaintiff had requested doctors to perform a ligation of her Fallopian tubes, and/or any other necessary procedure, during a planned caesarean section …Read more

The Petitioner, Radovan Zecevic, challenged a provision from the Law on Health Insurance (the Law) which excluded any health conditions resulting from the conduct of a criminal offence or a misdemeanour from being funded under the Law. Zecevic argued that the provision was contrary to the right to equality, the right to social security, and …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

Petitioner filed a Writ of Amparo to challenge the administrative procedure that instituted a partial ban on cigar and cigarette advertisements pursuant Article 9 of Costa Rica’s Tobacco Regulation Act. Petitioner claimed such a partial ban was constitutionally unacceptable, as only a total ban on advertisement could fulfill the obligation of the State to safeguard …Read more

Petitioner was an inmate in a State prison who filed a Writ of Amparo challenging the administrative regulation that exempted inmates from the prohibition to smoke inside cells and other closed, indoor environments within prisons. In his submission, plaintiff contended the regulation (of infra-legal hierarchy status) was unconstitutional as it forcibly exposed him to tobacco …Read more

The plaintiff, a Costa Rican national, presented an appeal of protection against the Ministry of Justice claiming his right to health had been violated. The plaintiff was deprived from liberty in a local prison which he claimed was overpopulated and in close contact with persons with chronic diseases. The Ministry of Justice argued that it …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

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

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

T.D.Z. suffered from cancer and was prescribed an active treatment in 1998, which obtained good results. In 2002, T.D.Z. required chemical injections in order to induce binding menopause after which she was required to take hormone replacements. The Ministry of Health, however, was unable to provide T.D.Z. with the injections (Zodalex®) for April and May …Read more

The applicant was an underage Aboriginal Australian who alleged violation of Articles 7 (freedom from torture or to cruel, inhuman or degrading treatment and punishment), 10 (guaranteed dignity of detained persons) and 24 (child’s right to freedom from discrimination) of the International Covenant on Civil and Political Rights (ICCPR) when he was placed under incarceration …Read more

A.S., a Hungarian-Roma woman in labor, was taken to a public hospital in shock and bleeding heavily. Because the fetus was dead, attending personnel informed her that a caesarean section was needed to remove the fetus. While on the operating table, she was asked to sign a statement of consent, including a hand-written note requesting …Read more

Brun claimed a violation of Article 2 (right to remedy), Article 6 (right to life) and Article 17 (right to privacy) of the International Covenant Civil and Political Rights (ICCPR). Brun argued that Article 17 should be interpreted to include the right to live in a healthy environment. He had been sentenced for demonstrating against …Read more

Since 1999, plaintiff Teaching Hospital and defendant National Healthcare Fund entered into contracts that committed the National Healthcare Fund to finance the obstetric pathology services provided by Teaching Hospital. The contracts between the plaintiff and defendant contained a maximum annual amount that the National Healthcare Fund would finance for the subsequent year, however due to …Read more