Loading, please wait...
599 judgments found.
Country:
India Year: 2008
Court: High Court - Calcutta
Citation: 2008 (1) CHN 979
Health Topics:
Controlled substances Human Rights: Right to health,
Right to life Facts: In order to regulate the distribution of licenses for liquor shops the Government of West Bengal promulgated the West Bengal Excise (Selection of New Sites and grant of License for retail sale of liquor and certain other intoxicant) Rules, 2003 (the new Rules). Under the earlier Rules, objections were invited from elected representatives from the …Read more
Tags: Alcohol
Country:
India Year: 2008
Court: High Court - Delhi
Citation: 2008 Bus LR 366 (Del); 147 (2008) DLT 561
Health Topics:
Tobacco Human Rights: Freedom of expression,
Right to health,
Right to life Facts: Three writ petitions were clubbed together by the Court owing to the similarity in questions to be decided. The first Petitioner, Mr. Mahesh Bhatt, was a film maker. The second and third petitioners were engaged in the publication of the newspaper, The Hindu. The Petitioners challenged the validity of the Cigarette and Other Tobacco Products …Read more
Tags: Advertising,
Smoking,
Tobacco control,
Tobacco regulation
Country:
India Year: 2008
Court: High Court - Delhi
Citation: WP(C) No.13740/2005
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Right to health Facts: After suffering from a heart attack, the petitioner had sought treatment at a government hospital. Taking into consideration his critical condition and the length of time that it was expected it would take for him to receive treatment at that hospital, the doctors recommended that the petitioner seek treatment at a private hospital immediately. Thereafter, …Read more
Tags: Access to treatment,
Diagnostics,
Emergency care,
Health insurance,
Heart disease,
Private hospitals,
Public hospitals,
Reimbursement,
Secondary care,
Tertiary care
Country:
New Zealand Year: 2008
Court: High Court
Citation: [2008] NZHC 441; [2010] NZAR 101
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Medicines Human Rights: Right to due process/fair trial,
Right to health,
Right to participation Facts: Herceptin was a drug used to treat an aggressive form of breast cancer called Her2, and it cost roughly $68000 to $70000 for a 12 month course. The first defendant, the Pharmaceutical Management Agency (Pharmac), was responsible for determining which pharmaceutical treatments would wholly or partially be subsidised by District Health Boards (DHBs). From 2001, …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Budget,
Cancer,
Clinical trials,
Drug testing,
Health expenditures,
Health funding,
Health insurance,
Health regulation,
Health spending,
Noncommunicable diseases,
Out-of-pocket expenditures,
Pharmaceuticals,
Pricing,
Reimbursement,
Subsidies
Country:
United Kingdom Year: 2008
Court: European Court of Human Rights
Citation: Application No. 26565/05; [2008] ECHR 453
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
HIV/AIDS,
Medicines Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to privacy Facts: The applicant, a Ugandan national, was HIV positive and claimed that if the United Kingdom forced her to return to Uganda then she would not have sufficient access to medical treatment for her condition. She claimed that this result would violate her rights under Articles 3 (prohibiting torture and inhuman or degrading treatment or punishment) …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,
HIV,
HIV positive,
Immigration,
Inhuman treatment,
Migrants,
People living with HIV/AIDS,
Pharmaceuticals,
PLHIV,
Refugees
Country:
United States Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 63/08, Case 12.534
Health Topics:
Chronic and noncommunicable diseases,
Controlled substances,
Health care and health services,
HIV/AIDS,
Infectious diseases,
Medicines,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to health Facts: 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). Petitioners included the Legal Aid Society and the International Human Rights Clinic at Washington College of Law. Petitioners alleged the United States violated the …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Addiction,
AIDS,
Antiretrovirals,
ARVs,
Cocaine,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Detainee,
Detention,
Drug abuse,
Drug enforcement,
Drug use,
Emergency care,
First-line treatment,
HIV,
HIV positive,
HIV status,
Immigration,
Imprisonment,
Incarceration,
Inhuman treatment,
Inmate,
Marijuana,
Migrants,
People living with HIV/AIDS,
Pharmaceuticals,
PLHIV,
Second-line treatment,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Substance abuse,
Torture
Country:
Egypt Year: 2008
Court: State Council, Court of Administrative Justice, First Circuit
Citation: Cases no. 21550/61, 21665/61, 22912/61, 23003/61, 25752/61, and 25857/61
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Right to health,
Right to life,
Right to social security Facts: On March 21, 2007, the Egyptian Prime Minister issued a Decision (“The Decision”), no. 637/2007, establishing the Egyptian Holding Company for Health Care (“The Holding Company”). The Decision transferred the assets of the Public Health Insurance Organization’s (“HIO”) hospitals and clinics to The Holding Company and its affiliates, declaring the assets privately owned by the …Read more
Tags: Access to health care,
Budget,
Clinics,
Health expenditures,
Health facilities,
Health funding,
Health insurance,
Health spending,
Private hospitals,
Public hospitals
Country:
Argentina Year: 2008
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], 9/9/2008, "Núñez de Zanetti, Mónica c/ Famyl Salud s/ Amparo", (N. 289, L. XLIII)(Arg.)
Health Topics:
Diet and nutrition,
Health care and health services,
Health systems and financing,
Medicines,
Sexual and reproductive health Human Rights: Right to health,
Right to life Facts: Mónica Núñez de Zanetti requested that the prepaid medical care company, Famyl S. A., pay for her parenteral nutrition, a life-saving diet she required as a result of a chronic small bowel resection she suffered. Famyl S.A. contended that it was not responsible for provide the nutritional services because Nuñez’s peritonitis was the result of …Read more
Tags: Abortion,
Access to health care,
Access to treatment,
Food,
Food safety,
Health spending
Country:
Brazil Year: 2008
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Federal Public Prosecutor's Office v. Euclebe Roberto Vessoni, et al., RE 541627/PA, Supremo Tribunal Federal [Federal Supreme Court] (2008).
Health Topics:
Health care and health services,
Health systems and financing,
Occupational health Human Rights: Right to health,
Right to life Facts: The Federal Prosecutor’s Office filed an extraordinary appeal against the decision of the First Region Federal Court, which ruled that crimes against employees amounting to conditions analogous to slavery (crime against the organization of work), exposure to risk of life and health of such workers, the frustration of their labor rights and omission of data …Read more
Tags: Occupational hazards,
Occupational health and safety,
Safe working conditions
Country:
Colombia Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Segunda de Revisión No. 092 abril 14, 2008, M.P.: Manuel José Cepeda Espinosa, Auto 092/08 (Colom.).
Health Topics:
Child and adolescent health,
Disasters and emergencies,
Environmental health,
Health care and health services,
Health systems and financing,
Mental health,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
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 education,
Right to health,
Right to liberty and security of person,
Right to life,
Right to property,
Right to work Facts: The Constitutional Court considered the persistence of an unconstitutional state of affairs with regard to forced displacement, which disproportionately affected women in Colombia. The Court originally declared an unconstitutional state of affairs in Ruling T-025 of 2004 and again in Resolution 218 of 2006. More than half the displaced people in Colombia (54 per cent) …Read more
Tags: Armed conflict,
Cruel treatment,
Degrading treatment,
Forced abortion,
Forced displacement,
Humiliating treatment,
Indigenous groups,
Inhuman treatment,
Mental illness,
Pregnancy,
Rape,
Refugees,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Torture,
Violence against women
Country:
Colombia Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Segunda de Revisión julio 31, 2008, M.P.: Manuel José Cepeda Espinoza, Sentencia T-760/08 (Colom.).
Health Topics:
Health care and health services,
Health systems and financing Human Rights: Right to due process/fair trial,
Right to health,
Right to life,
Right to social security Facts: In 1993, Colombia passed Law 100, a broad national healthcare reform act that attempted to improve delivery of health services in Colombia by utilizing public and private insurers (“Health Promoting Entities,” or EPSs) as substitutes to purchase health care for insured patients. To this end, the law established a two-tier system of benefits: (1) a …Read more
Tags: Access to health care,
Access to medicines,
Access to treatment,
Budget,
Health expenditures,
Health funding,
Health regulation,
Health spending,
Out-of-pocket expenditures,
Primary care,
Secondary care,
Social security,
Subsidies,
Testing
Country:
Colombia Year: 2008
Court: Juzgado Promiscuo Municipal de Pueblo Rico, Risaralda (Municipal Jurisdiction Court of Pueblo Rico, Risaralda)
Citation: Juzgado Promiscuo Municipal [Municipal Jurisdiction Court], julio 24, 2008, Radicación No. 66572-40-89-001-2008-00005-00 (Colom.).
Health Topics:
Child and adolescent health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Freedom of religion,
Right to a clean environment,
Right to bodily integrity,
Right to due process/fair trial,
Right to health,
Right to life,
Right to privacy Facts: The Emberá-Chamí community, which is located on the Río San Juan Embera-Chamí native reservation, practices female genital mutilation. This consists of cutting and cauterizing the clitorises of newborn girls. The practice is customary for this community and appears to have two rationales: first, to prevent infidelity among adolescent girls and women, and second, to prevent, …Read more
Tags: Child development,
Female genital mutilation,
Indigenous groups,
Infant health,
Infant mortality
Country:
Costa Rica Year: 2008
Court: Supreme Court of Costa Rica (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 23 septiembre 2008, Sentencia 14593, Expediente: 08-012440-0007-CO (2008)(Costa Rica).
Health Topics:
Controlled substances,
Environmental health,
Occupational health,
Tobacco Human Rights: Right to health Facts: Circular No. 03-2006 of the Municipality of Oreamuno designated an area within the public building to serve as a smoking room in accordance with Law N°7501 (1995), which provided for such spaces. The designated area was the aisle leading to the kitchen. Petitioner sought relief from the alleged violation of her right to health as …Read more
Tags: Passive smoking,
Second-hand smoke,
Smoking,
Tobacco control,
Tobacco regulation
Country:
Mexico Year: 2008
Court: District Court of the State of Guerrero
Citation: Juzgado del Distrito de Guerrero [JD] [District Court of Guerrero], J.A.IA. 1157/2007-II (Mex.). (Mini Numa Community v. Secretary of Health, et al.)
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Medicines Human Rights: Freedom from discrimination,
Right to health,
Right to life,
Right to social security Facts: Mini Numa is an indigenous rural community located in the state of Guerrero, Mexico, composed of a population of 270 and whose closest medical center is four kilometers/one hour away in Metlatónoc, Guerrero. The regulations for the construction of a medical center in Guerrero required that the community hold at least 2500 to 3000 inhabitants …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Budget,
Clinical testing,
Clinics,
Essential medicines,
Health facilities,
Health funding,
Health regulation,
Health spending
Country:
Nepal Year: 2008
Court: Supreme Court
Citation: Writ No. 3352 of the year 2061 BS (2004 AD)
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right of access to information,
Right to bodily integrity,
Right to health,
Right to life Facts: The petition challenged clause (1) of No. 28B of the Chapter on Life in the National Code which provided that “a health worker attaining the qualification as prescribed, may, with the consent of the concerned pregnant women, remove her fetus within 12 weeks of conception” (the Clause). The Petitioner contended that this was contrary to …Read more
Tags: Abortion,
Health care professionals,
Health care workers,
Pregnancy,
Spousal consent,
Spousal notification,
Termination of pregnancy
Country:
Uruguay Year: 2008
Court: Civil Appeals Court, 5th District [Tribunal Apelaciones Civil 5ºTº]
Citation: Sentencia Nº16/2008
Health Topics:
Health care and health services,
Health systems and financing,
Medicines Human Rights: Right to health Facts: This case was brought against the Central Unit of State Acquisition of Medication and Related Goods for supplying generic versions of antiretroviral drugs that were allegedly of lower quality than their original versions. The complainants alleged that their constitutional right to health had been violated. The complainants had lost at the trial court level and …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Antiretrovirals,
ARVs,
Drug quality,
Drug safety,
Generic drugs,
Health expenditures,
Health funding,
Health spending
Country:
Bulgaria Year: 2008
Court: Върховен касационен съд (Vǎrhoven kasatsionen sǎd) [Supreme Court of Cassation]
Citation: Decision No. 211 on Case No. 6087/2007
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Medical malpractice,
Medicines Human Rights: Right to health Facts: The Plaintiff, T.D.Z., complained that the Bulgarian Ministry of Health failed to carry out the necessary procurement procedure for Zoladex, a cancer medication, for the period of 1 January 2004 to 1 March 2005. During this period, the plaintiff, a high-risk cancer patient, was essentially deprived of a key part of her treatment. As a …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Cancer,
Compensation,
Damages,
Inadequate treatment,
Non-pecuniary damage
Country:
Colombia Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional[C.C.][Constitutional Court],Sala Novena de Revisión febrero 28, 2008, M.P.: Clara Inés Vargas Hernández, Sentencia T-209/08 (Colom.).
Health Topics:
Health care and health services,
Hospitals,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Right of access to information,
Right to bodily integrity,
Right to health,
Right to liberty and security of person Facts: A girl, aged 13, was a victim of rape and became pregnant as a result. The girl was affiliated with the Coomeva healthcare provider company. However, the company refused to perform a legal abortion claiming conscientious objection on the part of all of its physicians. The company then referred her to the Erasmo Meoz de …Read more
Tags: Abortion,
Health care professionals,
Health care workers,
Maternal health,
Maternal mortality,
Pregnancy,
Rape,
Sexual abuse,
Sexual violence,
Termination of pregnancy,
Therapeutic abortion,
Unsafe abortion,
Violence against women
Country:
Romania Year: 2008
Court: National Council for Combating Discrimination
Citation: Decision No. 649 of 4 December 2008
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals Human Rights: Freedom from discrimination,
Right to health Facts: The petitioner claimed that the defendant hospital’s practice of only admitting mothers with sick children was discriminatory. In particular, the petitioners pointed to the defendant hospital’s notice board which read: “children up to 3 years of age are admitted along with their mothers”, and “Mother – not relatives”. However, the defendant hospital argued that this …Read more
Tags: Access to health care,
Budget,
Children,
Health facilities,
Health spending,
Infant health,
Minor,
Pediatric health,
Public hospitals,
Social security
Country:
Georgia Year: 2008
Court: Tbilisi City Court
Citation: Case no. #bs-758-730(k-08)
Health Topics:
Health care and health services,
Health systems and financing Human Rights: Right to health,
Right to life,
Right to social security Facts: The applicant, Iuri Archuadze, suddenly developed a life threatening jaw condition and went to the Tbilisi State Medical Institute where he had an immediate surgical operation, and, following post-surgical complications, was taken to the intensive therapy department. In total, the cost of the treatment was 9263,71 GEL, but the applicant was only reimbursed 205,94 GEL …Read more
Tags: Budget,
Emergency care,
Health funding,
Out-of-pocket expenditures,
Reimbursement,
Social security
Country:
Uruguay Year: 2008
Court: Tribunal de Apelaciones [Court of Appeals]
Citation: Decision No. 16/2008
Health Topics:
Medicines Human Rights: Right to health Facts: The claimant brought an amparo action against Resolution 266/007, which awarded a contract for “Provision of Antiretroviral Medications” to a bidder offering 80% generic products, arguing that the Resolution violated the claimant’s right to health. The lower court rejected the protection action, and the claimant appealed the decision, submitting copious amounts of documents and evidence …Read more
Tags: Access to drugs,
Access to medicines,
Drug quality,
Drug safety,
Generic drugs,
Pharmaceuticals
Country:
Mexico Year: 2008
Court: Suprema Corte de Justicia de la Nación [Supreme Court of Justice of the Nation]
Citation: Acción de Inconstitucionalidad 146/2007 y su acumulada 147/2007
Health Topics:
Child and adolescent health,
Health care and health services,
Informed consent,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to bodily integrity,
Right to family life,
Right to health,
Right to liberty and security of person,
Right to life Facts: Please note that only portions of the original judgment have been translated into English. This summary is primarily written from those portions. The Federal District legislature approved reforms to the Criminal Code of the Federal District in which it decriminalized and legalized abortion performed during the first 12 weeks of gestation. It also amended the …Read more
Tags: Abortion,
Abortion counseling,
Access to treatment,
Conscientious objection,
Criminalization,
Family planning,
Informed choice,
Late-term abortion,
Maternal mortality,
Midwifery,
Minor,
Parental consent,
Pregnancy,
Spousal consent,
Termination of pregnancy,
Unsafe abortion
Country:
India Year: 2007
Court: High Court - Madras
Citation: (2007) 4 MLJ 1153
Health Topics:
Medicines Human Rights: Freedom from discrimination,
Right to health,
Right to life Facts: This case has been reviewed by the Supreme Court, which upheld this court’s verdict. The Petitioner, Novartis, had its patent application rejected by the relevant statutory authority, the Controller General of Patents and Designs (Patent Controller) because did not comply with the requirements of section 3(d) of the Indian Patent (Amendment) Act, 2005 (the Act). …Read more
Tags: Access to drugs,
Access to medicines,
Generic drugs,
Intellectual property,
Manufacturing,
Patents,
Pharmaceuticals,
TRIPS
Country:
India Year: 2007
Court: High Court - Madras
Citation: 2007 (3) MLJ 34
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals Human Rights: Right to health,
Right to life Facts: The petitioner, who worked as a Head Constable in Tamil Nadu, filed a case against the Secretary to the Government, Health and Family Welfare Department, Tamil Nadu and others, for rejecting his request for reimbursement under the Tamil Nadu Government Employees’ Health Fund Scheme. The petitioner requested such reimbursement for an angioplasty he underwent on November …Read more
Tags: Access to treatment,
Emergency care,
Heart disease,
Private hospitals,
Reimbursement,
Secondary care,
Tertiary care