This case deals with two petitions, Laxmi Mandal v. Deen Dayal Hari Nagar Hospital and Jaitun v. Maternity Home, MCD, Jungpura. Shanti Devi, Laxmi Mandal’s (the Petitioner) sister, died shortly after giving birth to a premature baby. This was her sixth pregnancy. The previous pregnancy ended in miscarriage. Shanti Devi was not provided with any …Read more

Petitioner NGO brought a petition requesting that the Court declare that the act of female genital mutilation (FGM) was in violation of various articles of the Uganda Constitution.  The Petitioner argued that FGM was practiced extensively by the certain Ugandan tribes, and that FGM was crudely carried out, involved excruciating pain, could lead to death, …Read more

The appellant brought this appeal of a decision by the GASABO Intermediate Court that ordered his pre-trial detention for thirty days. The appellant appealed on multiple procedural grounds and also alleged that the lower court failed to properly appreciate the impact of his medical condition in determining whether pre-trial detention was appropriate. The Prosecution alleged …Read more

Petitioners Stanley Kingaipe and Charles Chookole sued the Zambian Air Force (ZAF) alleging violations of their constitutional rights to liberty, privacy, life, protection from inhuman and degrading treatment, and protection from discrimination. They also alleged violations of their rights to adequate medical and health facilities and adequate educational opportunities contained in the Directive Principles of …Read more

This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration) and the American Convention on Human Rights (the Convention), including protection of the right to health and equality before law. Mossville, Louisiana is a …Read more

A constitutional amparo (writ of injunctive relief) petition was brought the petitioner on behalf of his minor daughter against the Department Director of the Sexually Transmitted Infections/A.I.D.S. (“STI/AIDS”) Program, alleging violations of his daughter’s rights to life, to health, to “legal certainty,” and to petition, as guaranteed by the Bolivian Constitution. The petitioner’s daughter lived …Read more

The Petitioners, Stamen Filipov and Biljana Zhivkovska, challenged a provision excluding certain health services from the Law on Health Insurance (the Law). Article 9 of the Law specified certain services that would be paid for under a compulsory health insurance scheme administered by the Health Insurance Fund (the Fund). Article 10 specified certain services that …Read more

The Chamber of Crafts, the petitioner, challenged a provision from the Law on Public Health (the Law) regulating the conditions under which cosmeticians could exercise their craft. The law required cosmeticians to obtain a permit from the Ministry of Health, on top of existing requirements for certification as a craftsperson. The Chamber argued that these …Read more

The Court of Justice found that the State of Rio Grande do Sul was responsible for providing medications, free of charge, to those who need them but are unable to afford them. In accordance with in accordance with Article 196 (right to health) and 23 (state and federal governments’ obligations to provide for health and …Read more

The Superior Court of Justice found that the State of Rio Grande do Sul had the obligation of providing the plaintiff in the case with medication free of charge because the plaintiff could not afford it. The court founded its decision on the constitutional rights to life, health, and human dignity.The state refused to comply …Read more

The Court of Justice held the State of Rio Grande do Sul responsible for providing medicines free of charge to an individual living with HIV who was unable to afford them. The court based its decision on the rights to life and health. Considering these medications necessary for the survival of the individual, the court blocked …Read more

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

An amparo action (appeal for legal protection) was brought against the Ministry of Social Protection by the Colombian Commission of Jurists (Comisión Colombiana de Juristas) on behalf of three women (Diana Carmenza Redondo, Argénida Torres, and María Romero), who were victims of massacres orchestrated by either paramilitaries or guerrillas, who were thereafter displaced from their communities, …Read more

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

The applicant, a Colombian woman, tutela action (appeal for legal protection) on behalf of her daughter against EPS Coomeva, a health care provider in Colombia. The child was diagnosed with cognitive disabilities, which required, according to the Fundación Integrar de Medellín, an institution specialized in the care of patients, that the child receive special education …Read more

Petitioner, the Paraguayan subsidiary of Philip Morris, filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 and 11 of the WHO Framework Convention on Tobacco Control (FCTC), and thus provided for stronger warning/labeling requirements than those of the law …Read more

Petitioners were a consortium of tobacco companies that filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 (Protection from exposure to tobacco smoke) and 11 (Packaging and labelling of tobacco products) of the WHO Framework Convention on Tobacco Control …Read more

Petitioner sought a declaration that a certain provision of a government decree regulating minimum pension amounts was unconstitutional because it (a) regulated a fundamental right which could only be done by statute and (b) provided a social security benefit too low to maintain human dignity, which was guaranteed by the Constitution.

H.R’s partner became acutely ill during her temporary residency in Great Britain. H.R. travelled to Great Britain to support and care for her whilst she was in hospital. He was the only family member present for multiple surgeries to treat his partner’s life-threatening cancer. This required significant and costly travel for H.R. Upon returning to …Read more

In 1999, Mr. Wistrand, a Swedish man, obtained an alternative and promising form of rectal cancer treatment in France because this treatment was not yet available in Sweden.  Upon his return in 2000, his local Social Insurance Board denied his request for compensation for his medical costs because the treatment did not occur in Sweden.  …Read more

The appellant suffers from metastatic kidney cancer and was previously being treated with SORAFENIB. This treatment failed, and his treating physicians requested the National Resource Foundation (Fondo Nacional de Recursos, hereinafter FNR) to provide the patient with the drug SUNITINIB. The treating physician cited that this was the only treatment that had the potential to improve …Read more

Three applicants, two Irish nationals and one Lithuanian national, travelled to the United Kingdom in 2005 to have an abortion, each applicant believing they were not entitled to an abortion in Ireland. The first applicant decided to have an abortion to avoid jeopardizing her chances of reuniting her four previous children who were in foster …Read more

An explanatory statement challenged certain provisions of the Law No. 95/2006 on the Health Sector Reform (the “Health Law”) and the Governmental Ordinance No. 92/2003 on the Tax Procedure Code (the “Government Ordinance”) as being unconstitutional under the Romanian constitution (the “Constitution). These provisions provided for mandatory social security contributions and “[a]lthough allowing the functioning …Read more

Two merged cases challenged the constitutionality of a law on health sector reform. The law provided care for insured person under the Health Insurance Fund. However, to be an insured person required that the person has paid all dues, including retroactive payments, even if that meant paying for coverage when no services were provided. These …Read more

The case was introduced by a group of 54 deputies under Article 146 of the Constitution seeking a constitutionality review of the 2011 State Budget Law. Alleged violations from the 2011 State Budget Law included: (1) the Government submitted the 2011 State Budget law two months later than the deadline mandated in the Constitution for …Read more

The claimants, two prisoners, alleged a violation of their constitutional rights under Article 111 of the Constitution of the Republic of Latvia (the “Constitution”) based on the failure of the Government to provide adequate diet and nutrition to protect their right to health. In 2006, the Cabinet of Ministers of the Republic of Latvia (the …Read more

The applicant, G.Z. was diagnosed with Gaucher’s disease at the age of three. Gaucher’s disease was a rare disease which can only be successfully treated with the drug Cerezyme. If the disease was not treated, it could result in early death. G.Z’s parents claimed 100% reimbursement of the purchase costs of Cerezyme on G.Z’s behalf. …Read more

The plaintiff lost his unemployed person status for three months due to his failure to appear at the Labor office on an appointed date and for not providing a reason afterwards for his missed appointment. He missed the appointment because he was confused about the appointment date. Losing his unemployment status resulted in him losing …Read more

Mr. Patrick A requested the annulment of the decision of 8 February 2008 by which the National Council of the Order of Doctors declined to authorize him as a certified specialist in the field of plastic and reconstructive surgery. Mr. A had been practicing baldness surgery for 28 years as a general practitioner, and had …Read more

This case was an appeal of a constitutional protection (amparo) action before the Constitutional Court filed by the Public Defender of Human Rights, acting on behalf of Maritza Ninnette Cuellar Morales, against the Board of Directors of the Guatemalan Social Security Administration. The Board denied the claimant medical coverage for her spinal condition, based on …Read more