A girl allegedly raped claimed for abortion under the art. 86 (2) of the Criminal Code of Argentina, which excluded women from criminal liability when they have been raped and they were mentally disabled.  The girl had no disabilities. The First Instance Court authorized the abortion and, fifteen minutes later, gave notice to mass media. …Read more

This case discussed the type of approval necessary for a bilateral health agreement between Ecuador and Venezuela, signed by the Executive Branch. Ecuador’s Executive Branch signed an agreement with Venezuela to provide technical assistance, supplies and other equipment for persons with disabilities.  The President’s Secretary filed an inquiry with the Constitutional Court for the Transitional …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 Luisa Fernanda Morales Tumax, against the Board of Directors of the Guatemalan Institute of Social Security. The patient, a minor, received a kidney transplant in 2000, when she …Read more

The Health Insurance Institute of Albania partially reimbursed the citizens of Albania for purchase of specific drugs that are included in the annually-published list. This list and the extent of the price coverage for the covered drugs was approved by a decision of the Albanian Council of Ministers (CoM). The Pharmaceuticals Distributors Association of Albania …Read more

This case was an unconstitutionality action brought by the Guatemalan Association of Pharmacists and Chemists et al. challenging the Liberalization of Importation of Medicines Act. The claimants argued that the Act’s elimination of requirements for imported medicines such as expiration dates, instructions in Spanish, and required government testing violated constitutional competition provisions, intellectual property and …Read more

This case was an appeal of a petition for a writ of habeas corpus brought by the claimant, Eusebio Alejandro Soto, against Marcelo Cuellar Crespo, director of the San Juan de Dios Municipal Public Hospital. The claimant brought the petition against the hospital when he was detained there for failure to pay for his treatment …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 Maria Gabriela Garcia Fernandez, against the Board of Directors of the Guatemalan Social Security Administration. The Board denied the claimant medical coverage for her juvenile diabetes and chronic …Read more

The plaintiffs, a tobacco company, brought an unconstitutionality action before the Court, arguing that the Tobacco Control law, which gave the executive branch the authority to require that tobacco manufacturers use health warnings covering a minimum of 50% of the surface area of cigarette packages, violated the constitutional principles of legal reserve and separation of …Read more

The Plaintiff bought 13 packs of Sprycel, also known as desatinib, during the year and sought reimbursement for their costs. A local university hospital doctors council concluded that the Plaintiff would not survive without Sprycel treatment. According to the law of Latvia, the Plaintiff was reimbursed up to LVL 10 000 for his purchase of …Read more

The claimant, the Public Defender for Human Rights, brought a protection action on behalf of Maynor Wilfredo Cardenas Morales against the Guatemalan Institute of Social Security for its failure to provide the patient with the drugs Rapamune and Cellcep, as prescribed for his kidney transplant. The drugs were not included on the Therapeutic Drug Registry, …Read more

Bradley McCallum, a detainee at a maximum correctional facility in South Africa, claimed to be a victim of violations of articles 7 and 10 of the International on Civil and Political Rights (“Covenant”). In particular, McCallum alleged that he was physically abused, raped, and subject to other ill treatment by South African prison authorities during …Read more

The applicant challenged the decision of the Citizenship and Immigration Canada’s (‘CIC’) to deny her coverage under the Interim Federal Health Program (‘IFHP’) for her medical care, hospitalization, and related expenses. At the time the applicant began seeking medical services, she was illegally in Canada; her temporary resident visa had expired, and she had not …Read more

Ms Omeredo fled Nigeria in May 2003 to escape her village’s custom of female genital mutilation (FGM) and applied for asylum in Austria. The Federal Asylum Office and the Asylum Court rejected her application on the same grounds, namely that the applicant was expected to make use of the state’s protection by fleeing within Nigeria …Read more

The Attorney General (AG) of Quebec challenged the constitutionality of sections 8 to 19, 40 to 53, 60, 61 and 68 of Canada’s Assisted Human Reproduction Act (the “Act”) on federalism grounds. Some of these provisions create or relate to prohibitions on human cloning and various aspects of the commercialization of reproductive materials and functions. …Read more

The petitioner contended that despite the Tobacco Act of 2013, which prohibits the sale of tobacco near school premises, the same was occurring. He also stated that due to the availability of tobacco products, adolescents were falling prey to the ill effects of smoking and suffered from various diseases. The petitioner stated that the tobacco …Read more

A number of different applicants opposed the Government’s order to resume their land. In 2009 the HK Government made an order for the resumption of various plots of land in Tsz Tin Tsuen as the land was needed for public housing. The plots were held by way of lots granted under a Block Crown Lease …Read more

The plaintiff, an elder woman, filed a guarantee of protection of individual constitutional rights (amparo protection) against Dincros S.A for the cessation of the health coverage that left her with no medical coverage because no other health insurance wanted to provide medical services to her and to order the incorporation to another health insurance company …Read more

The plaintiff’s grandmother filed a guarantee of protection of individual constitutional rights (amparo protection) with First Instance Civil and Commercial Court of Mar del Plata [Juzgado Civil y Comercial n°2 de Mar del Plata] to get health coverage for her grandson from the National Institute for Social Services for Retiree [I.N.S.S.J.Y.P] and the National State, …Read more

The applicant, Anna Ternovszky, a pregnant woman who intended to give birth at home, filed a complaint before the European Court of Human Rights., alleging that s. 101(2) of Government Decree no. 218/1999 (XII.28.) violated her rights under the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). Ternovszky claimed that health professionals were …Read more

A. Arul, the Petitioner, was a government employee who incurred medical expenses as a result of surgery for his wife. The Petitioner had previously contributed to the Government Employees Health Fund, which was set up to extend grants to remedies not available in the government hospital. The State of Tamil Nadu and others Respondents, failed …Read more

Overruled by Suresh Kumar Koushal and Anor. v. Naz Foundation and Ors. Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of …Read more

Petitioner, a government employee, submitted claims for (a) reimbursement for his wife’s cancer treatment prior to the 2003 date on which the Export Inspection Council (the “Council”) determined that certain Special Diseases, including cancer, would be exempted from a 3,600 rupee ceiling on reimbursement. The Council had not revised the rates since 1989;  (b) certain …Read more

In 1986, the Delhi Capital Government (“GNCTD”) decided to convert the vacant Players’ Building into a multi-specialty hospital on a ‘no profit, no loss’ basis and invited offers from private institutions. GNTCD issued a notice stating that the vacant building along with the land was to be made available free of cost provided that the …Read more

This was an appeal from an order of the South Gauteng High Court. The Applicants were members of the Harry Gwala Informal Settlement (Settlement). They approached the High Court for an order against the Ekurhuleni Metropolitan Municipality (Municipality) to install communal water taps, temporary sanitation facilities, refuse removal facilitation and high-mast lighting in key areas, …Read more

Wong and Selim were “vocationally registered general practitioner(s)” within s 3F of the Health Insurance Act 1973 (Cth) (the Act). Both were found to have engaged in “inappropriate practice” by a Professional Services Review Committee (the Committee) established under Pt VAA (ss 80-106ZR) of the Act. The effect of the Committee’s findings was to require …Read more

The National Bureau of Investigation (NBI) and the Bureau of Food and Drugs (BFAD) raided Roma Drug and five other drug stores at the request of SmithKline Beecham Research Limited (SmithKline), the authorized local distributor for its London-based parent company. In the raid, the NBI and BFAD seized several imported medicines sold by the drug …Read more

The applicant, a Polish national, alleged a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) based on inadequate medical care during his detention in various Polish detention centers, as well as the overcrowding and poor conditions in those same facilities. In April of 2005, the …Read more

This case concerned a petition received by the Inter-American Commission on Human Rights (“IACHR”) from the Workers’ Pension Plan Association of the Banco Nacional de Desarrollo Agricola (National Agricultural Development Bank) (BANDESA). The petition was brought on behalf of 179 former BANDESA workers against the Republic of Guatemala. The petitioners alleged that the State of …Read more

Richard Solórzano Contreras was stabbed in the neck near his home in Guatemala from where his brother rushed him to the state hospital. Solórzano Contreras’s father, the petitioner, alleged that at the hospital the doctor and nurses did not perform any operations to try to save his son’s life. Rather, they “merely cleaned the wound, …Read more

This report addresses allegations that El Salvador failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to health and the right life. Petitioner, Jorge Odir Miranda Cortez, filed a petition on behalf of himself and 26 other people living with HIV against the State of …Read more