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127 judgments found.


King, et al. v. Burwell

Country: United States
Year: 2015
Court: Supreme Court
Citation: 576 U.S. ___ (2015)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to social security
Facts:

The Patient Protection and Affordable Care Act (“the Act”) advanced three key reforms to the U.S. health insurance market. First, it instituted insurance market regulations barring insurers from denying coverage or charging higher premiums to any individual based on health status. Second, it enacted a coverage mandate, requiring individuals to have health insurance or pay …Read more

Tags: Access to health care, Budget, Health expenditures, Health funding, Health insurance, Health regulation, Reimbursement, Subsidies
Download Judgment: English

Cameron Mathieson, a deceased child (by his father Craig Mathieson) v. Secretary of State for Work and Pensions

Country: United Kingdom
Year: 2015
Court: United Kingdom Supreme Court
Citation: [2015] UKSC 47; UKSC 2014/0166
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to social security
Facts:

The appellant, Craig Mathieson, represented his deceased son, whose Disability Living Allowance (DLA) had been suspended by the Secretary of State for Work and Pensions. The son had been severely disabled since birth and required a high level of care. His parents were his primary care-givers. The son was admitted to the hospital for chronic …Read more

Tags: Budget, Child development, Child mortality, Children, Differently abled, Disabled, Handicapped, Health expenditures, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Infant health, Infant mortality, Minor, Noncommunicable diseases, Out-of-pocket expenditures, Pediatric health, Physically challenged, Public hospitals, Reimbursement, Social security, Subsidies
Download Judgment: English

D.G. v The Netherlands

Country: Netherlands
Year: 2015
Court: Committee on the Elimination of All Forms of Discrimination Against Women
Citation: Communication No. 52/2013; UN Doc. CEDAW/C/61/D/52/2013
Health Topics: Poverty, Violence
Human Rights: Freedom from discrimination, Right to housing, Right to social security
Facts:

DG, arrived in the Netherlands from Bulgaria in 2007. She worked at a restaurant and then as a prostitute. She stated in her complaint that she left prostitution after a client held her hostage at gunpoint. Unable to pay her rent, DG became homeless in December 2008. DG applied for shelter under the Social Support …Read more

Tags: Gender-based violence, Indigent, Low income, Migrants, Poor, sex work, Sex workers, Underprivileged, violence, Violence against women
Download Judgment: English

Case of Angel Alberto Duque (Report on the merits)

Country: Colombia
Year: 2014
Court: Inter-American Commission on Human Rights
Citation: Report No. 5/14
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to social security
Facts:

Duque and his same-sex partner lived together as a couple for over ten years, until his partner died from AIDS. Four years prior to the death, Duque was diagnosed with HIV and was being treated under support from his partner. When his partner died, Duque asked the COLFONDOS (the pension service) to ask what requirements …Read more

Tags: Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Domestic partnership, Gay, Health expenditures, Health funding, Health spending, HIV, HIV positive, Homosexual, LGBTI, Low income, Out-of-pocket expenditures, People living with HIV/AIDS, PLHIV, Poor, Queer, Sexual orientation, Social security
Download Judgment: English Spanish

V., C. G. v. I. A. P. O. S.

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: V. 118. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life, Right to social security
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the IAPOS (Instituto Autárquico Provincial de Obras Sociales) to provide coverage for all expenditures that could arise from a reproductive assisted treatment and to cover the amounts paid for such treatment. The First Instance Civil and Commercial Court granted the amparo protection. …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Assisted reproductive technology, Health regulation, Health spending, Pregnancy
Download Judgment: Spanish

Okwanda v. Minister of Health and Medical Services, et al.

Country: Kenya
Year: 2013
Court: High Court - Nairobi
Citation: Petition No. 94 of 2012
Health Topics: Aging, Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to housing, Right to social security, Right to water and sanitation
Facts:

Petitioner, an elderly retired person, was diagnosed with diabetes and Benign Hypertrophy (a life-threatening terminal disease). Petitioner claimed that that the cost of the medication was prohibitive and that he was in need of urgent medical attention. Petitioner sought assistance of the court to enforce his fundamental rights to the highest attainable standard of health …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Aged persons, Diabetes, Diet, Elderly, Food, Health spending, Hunger, Indigent, Low income, Malnutrition, Noncommunicable diseases, Older persons, Out-of-pocket expenditures, Poor, Senior citizens, Underprivileged
Download Judgment: English

Case GKPI 11-2093

Country: Russia
Year: 2012
Court: Supreme Court
Health Topics: Disabilities, Disasters and emergencies, Occupational health
Human Rights: Right to social security
Facts:

The appellant contracted a disease while on a business trip to the Chernobyl region to participate in work to contain the consequences of the nuclear disaster. He sought to receive employment compensation based on the disease he acquired and his resulting disability, without submitting an official report on an accident at work or an occupational …Read more

Tags: Disabled, Handicapped, Manmade disaster, Nuclear disaster, Occupational accident, Occupational disease, Occupational health and safety, Physically challenged, Safe working conditions, Workers' compensation
Download Judgment: English Russian

Mankayi v. AngloGold Ashanti Ltd.

Country: South Africa
Year: 2011
Court: Constitutional Court
Citation: [2011] ZACC 3; 2011 (5) BCLR 453 (CC) ; 2011 (3) SA 237 (CC) ; [2011] 6 BLLR 527 (CC) ; (2011) 32 ILJ 545 (CC)
Health Topics: Chronic and noncommunicable diseases, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to liberty and security of person, Right to social security, Right to work
Facts:

Mr Mankayi brought an action for delictual (tort) damages against AngloGold Ashanti Limited (AngloGold). While working as an underground mineworker between January 1979 and September 1995, Mr Mankayi claimed to have been exposed to harmful dusts and gases that led to his contracting tuberculosis and a chronic obstructive airway condition; these ailments rendered him unable …Read more

Tags: Employment, Lung disease, Noncommunicable diseases, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Pulmonary diseases, Respiratory diseases, TB, Tuberculosis, Workers' compensation
Download Judgment: English

Case 3-4-1-11-10

Country: Estonia
Year: 2011
Court: Supreme Court
Citation: 3-4-1-11-10; Request no. 6 of 28 October 2010 of the Chancellor of Justice
Health Topics: Child and adolescent health, Health systems and financing
Human Rights: Freedom from discrimination, Right to family life, Right to social security
Facts:

The Tallinn City Council adopted new regulations on the payment of social benefits to parents of newly born children. The new regulations imposed requirements that a) both parents residents of Tallinn and one of them was a resident for at least a year before the birth, b) the social benefits are paid in two parts, …Read more

Tags: Budget, Children, Social security
Download Judgment: English

Case 57/PUU-VIII/2010

Country: Indonesia
Year: 2011
Court: Constitutional Court
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom from discrimination, Right to a clean environment, Right to health, Right to housing, Right to life, Right to social security, Right to work
Facts:

On April 3, 2010, the Indonesian Government filed the Budget Amendment Bill of 2010 in Parliament. On May 3, 2010, a Plenary Session of the House of Representatives passed an amendment to the National Budget entitled Law No. 2 of 2010 Concerning the Amendment to Law No. 47 of 2009 Regarding the National Budget for …Read more

Tags: Access to health care, Access to treatment, Budget, Health expenditures, Health facilities, Health funding, Health promotion, Health spending, Indigent, Low income, Poor, Underprivileged
Download Judgment: English Indonesian

Case 43/PUU-IX/2011

Country: Indonesia
Year: 2011
Court: Constitutional Court
Health Topics: Health information, Tobacco
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The Plaintiffs challenged Indonesian legislative provisions regulating health warnings on cigarette packaging. The impugned provision, Article 114 of Law No. 36 of 2009 Concerning Health (the Law), required health warnings on all cigarette packaging. The Explanation Provision in the legislation defined such a health warning as one that was easily readable, and one that “may” …Read more

Tags: Advertising, Awareness, Disclosure, Health care professionals, Health education, Health promotion, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Indonesian

Case P-671/2011

Country: Belarus
Year: 2011
Court: Constitutional Court
Citation: Decision No. P-671/2011
Health Topics: Child and adolescent health, Health systems and financing, Poverty
Human Rights: Right to education, Right to housing, Right to social security
Facts:

The Constitutional Court considered the constitutionality of the Belarusian law On Making Alterations and Addenda to the Law of the Republic of Belarus ‘On guarantees on social protection of orphan children, children left without parental care, and also individuals who belong to the category orphan children and children left without parental care’ (“Orphan Law”). The …Read more

Tags: Child development, Children, Health funding, Health spending, Low income, Poor, Underprivileged
Download Judgment: English Belarusian

Case D-358/2009

Country: Belarus
Year: 2011
Court: Constitutional Court
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to education, Right to favorable working conditions, Right to food, Right to health, Right to housing, Right to social security, Right to work
Facts:

Exercising its obligatory preliminary control powers, the Constitutional Court of the Republic of Belarus considered the constitutionality of the Law of the Republic of Belarus on Making Alterations and Addenda to Certain Laws of the Republic of Belarus on Social Protection of the Disabled People (the Law). The law made amendments and additions to previous …Read more

Tags: Aged persons, Disabled, Elderly, Handicapped, Health funding, Informed choice, Long-term care, Non-consensual testing and treatment, Older persons, Patient choice, Physically challenged, Senior citizens, Social security
Download Judgment: English Belarusian

Public Prosecutor’s Office of the State of São Paulo v. Attorney General of the State of São Paulo

Country: Brazil
Year: 2011
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Public Prosecutor's Office of the State of São Paulo v. Attorney General of the State of São PauloAC 2836/SP, Supremo Tribunal Federal [Federal Supreme Court] (2011).
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

A defendant in a rape case petitioned a writ of Habeas Corpus before the Federal Supreme Court against the Court of Appeals decision because the survivor refused to be subject to physical exam and the jurisprudence gives extra weight to witness evidence in absence of such exam.  The second argument was that the Court of …Read more

Tags: Health care technology, Low income, Poor, Underprivileged
Download Judgment: English Portuguese

Case AI 840928/SP

Country: Brazil
Year: 2011
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: AI 840928/SP,
Health Topics: Health care and health services
Human Rights: Right to health, Right to social security
Facts:

The State of São Paulo filed an interlocutory appeal against the decision of the lower court (Tribunal de Justicia del Estado de São Paulo) that recognized the Public Prosecutor’s Office as a legitimate party to bring civil actions to protect “unavailable individual interests.” The state argued that the decision contravened articles 129 (institutional functions of the …Read more

Tags: Access to health care, Health regulation, Low income, Poor, Social security
Download Judgment: English Portuguese

Case 52/2011

Country: Uruguay
Year: 2011
Court: Civil Appeals Court, 1st District [Tribunal Apelaciones Civil 1ºTº]
Citation: Docket No. 52/2011
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to health, Right to social security
Facts:

The appellant, joined by his spouse and children, filed suit against defendant Catholic Workers Circle of Uruguay, an affiliated collective medical assistance institution, to recover for loss of earning capacity and moral damages. The appellant’s doctor (co-defendant) at Catholic Workers Circle had diagnosed the appellant with a benign brain tumor and prescribed radiation therapy in …Read more

Tags: Access to drugs, Access to medicines, Cancer, Essential medicines, Health care professionals, Health care workers, Health facilities, Health funding, Health insurance, Health regulation, Inappropriate treatment, Negligence, Out-of-pocket expenditures, Pharmaceuticals, Pricing, Reimbursement
Download Judgment: English Spanish

Case 183

Country: Bulgaria
Year: 2011
Court: Commission for Protection against Discrimination
Citation: Decision No 183/02.08.2010 of five-member expanded panel of the Commission for Protection against Discrimination under Case File No 146/2009 as per docket of CPD
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Freedom from discrimination, Right to health, Right to life, Right to social security
Tags: Access to drugs, Access to medicines, Cancer, Pharmaceuticals
Download Judgment: English

Case 0028-10-TI

Country: Ecuador
Year: 2011
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 0028-10-TI, July 22, 2010
Health Topics: Disabilities, Health care and health services, Health systems and financing, Occupational health, Sexual and reproductive health
Human Rights: Right to health, Right to social security
Facts:

This case was a review of the constitutionality of the Agreement on Social Security signed between the governments of Spain and Ecuador, to provide nationals working in the companion State with the same benefits as they would receive in their home country. In Spain’s case, this required provision for temporary disability during mass outbreaks of …Read more

Tags: Access to health care, Disabled, Maternal health, Occupational accident, Occupational disease, Social security
Download Judgment: English Spanish

Premlata v. Government of NCT Delhi

Country: India
Year: 2011
Court: High Court of Delhi
Citation: W.P. (C) 7687/2010 & CM APPL 6265/2011
Health Topics: Diet and nutrition, Poverty
Human Rights: Freedom from discrimination, Right of access to information, Right to food, Right to life, Right to social security
Facts:

The issues presented in this case involved citizens living in poverty and the gaps in essential services provided by the government. The first issue was the availability of cash assistance to new mothers. The petitioners alleged that, per past orders of the Supreme Court, benefits should be made available to them under both the National …Read more

Tags: Advertising, Awareness, Budget, Food, Health expenditures, Health funding, Health spending, Hunger, Indigent, Low income, Poor, Starvation, Underprivileged
Download Judgment: English

Kingaipe and Chookole v. Attorney General

Country: Zambia
Year: 2010
Court: High Court at Livingstone
Citation: 2009/HL/86
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Informed consent
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to social security, Right to work
Facts:

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

Tags: AIDS, Examination, HIV, HIV positive, HIV status, Involuntary testing, Involuntary treatment, Most-at-risk, Non-consensual testing and treatment, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing, Unauthorized treatment
Download Judgment: English

Subasic v. Croatia

Country: Croatia
Year: 2010
Court: European Court of Human Rights
Citation: Application No. 49740/06; [2010] ECHR 604
Health Topics: Child and adolescent health, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property, Right to social security
Facts:

In August 1998, Maja Šubašić, a Croatian national, gave birth prematurely to twin girls while visiting Athens. As a result, her daughters had to be hospitalized in Athens for three months. In October, the Croatian Health Insurance Fund reimbursed Mrs. Šubašić for the costs of her own medical treatment. In April 1999, however, the Fund …Read more

Tags: Childbirth, Health insurance, Infant health, Out-of-pocket expenditures, Reimbursement, Social security
Download Judgment: English Croatian

Stamen Filipov and Biljana Zhivkovska to the Constitutional Court

Country: Macedonia
Year: 2010
Court: Constitutional Court
Citation: 109/2009-0-1
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

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

Tags: Access to health care, Access to treatment, Emergency care, Health care technology, Health facilities, Health funding, Health insurance, Health regulation, Out-of-pocket expenditures, Primary care, Reimbursement, Secondary care, Social security, Tertiary care, Testing
Download Judgment: English Macedonian

Case T-310/10

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
Download Judgment: English Spanish

Case 857/B/2005 AB

Country: Hungary
Year: 2010
Court: Constitutional Court
Health Topics: Aging, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

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.

Tags: Aged persons, Budget, Elderly, Health funding, Health insurance, Health regulation, Health spending, Older persons, Out-of-pocket expenditures, Senior citizens, Social security
Download Judgment: English

H.R. v. Försäkringskassan

Country: Sweden
Year: 2010
Court: Supreme Administrative Court
Citation: RÅ 2010 ref. 52, Målnummer: 1201-09
Health Topics: Health systems and financing
Human Rights: Freedom of movement and residence, Right to health, Right to social security
Facts:

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

Tags: Budget, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Reimbursement, Social security
Download Judgment: English Swedish

Centrale Raad van Beroep [Central Appeals Tribunal], 20 October 2010, LJN:BO3581

Country: Netherlands
Year: 2010
Court: Central Administrative Tribunal
Citation: Centrale Raad van Beroep, 20 October 2010, LJN BO3581, 09/365 AWBZ & 09/3626 AWBZ
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Mental health
Human Rights: Right to education, Right to privacy, Right to social security
Facts:

A., a boy born in the Netherlands to a Nigerian immigrant mother, was diagnosed with an autistic disorder and an intellectual deficiency. As a result, A. required counseling programs as a supplement to traditional schooling by the Dutch Care Needs Assessment Centre (“CAC”). A. made a request for a residence permit under the Dutch Aliens …Read more

Tags: Child development, Children, Counseling, Health insurance, Immigration, Mental disability, Mental retardation, Migrants, Minor
Download Judgment: English Dutch

Case 1.657

Country: Romania
Year: 2010
Court: Constitutional Court [CURTEA CONSTITUŢIONALĂ]
Citation: DECISION No. 1.657 of 28 December 2010
Health Topics: Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

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

Tags: Budget, Health expenditures, Health funding, Health spending, Social security
Download Judgment: English Romanian

Case 2010-2 QPC

Country: France
Year: 2010
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2010-2 QPC, June 11th 2010
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to social security
Facts:

The QPC (Question prioritaire de constitutionnalité) process was created in France in 2008. It allows for preliminary rulings on the conformity of a legal provision with the Constitution. This disposition challenged the 2002 law (Paragraph I of section 1 of the Act of March 4th 2002) that states “No one shall claim he has sustained …Read more

Tags: Abortion, Abortion counseling, Access to health care, Children, Compensation, Disabled, Handicapped, Health insurance, Health regulation, Infant health, Minor, Misdiagnosis, Therapeutic abortion
Download Judgment: English French German Italian Spanish

Case 09-14679

Country: France
Year: 2010
Court: Cour de cassation [Court of Cassation]
Citation: Cass. civ II, n°09-14679, 20 May 2010
Health Topics: Health systems and financing, Poverty
Human Rights: Right to social security
Facts:

Mrs. X operated a dog breeding company, and was a beneficiary of the minimum insertion income (an income for those that make below a certain amount) since 1 October 2006. This qualified her to request the complementary health protection. She did not request the health protection as she was covered by her husband’s social regime. …Read more

Tags: Low income, Poor, Reimbursement, Social security, Subsidies, Underprivileged
Download Judgment: English French

Case 4111-2009

Country: Guatemala
Year: 2010
Court: Constitutional Court [Corte Constitucional]
Citation: Corte Constitucional Case No. 4111-2009, January 28, 2010.
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to social security
Facts:

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

Tags: Access to health care, Access to medicines, Access to treatment, Disabled, Health insurance, Health regulation, Public hospitals, Reimbursement, Social security
Download Judgment: English Spanish
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