The case combined six writs of tutela that were filed against the Institute of Social Security (ISS) into one record. The Plaintiffs were persons living with HIV who had not been able to obtain protease inhibitors to treat their HIV. The protease inhibitors sought by the Plaintiffs were antiretrovirals used in the treatment of HIV …Read more

In this case, the Groupe d’information et de soutien des travailleurs immigrés (G.I.S.T.I.) (Information Group Supporting Immigrant Workers) requested the annulment of the decree of 21 September 1994, which modified the Social Security Code such that foreign workers were required to provide certain documents, such as proof of address, in order to access the social …Read more

Kalac (K), a judge advocate and director of legal affairs for the air force, was a practicing Muslim who was permitted to pray five times a day and to perform his other religious duties, such as keeping the fast of Ramadan and attending Friday prayers at the mosque. He was one of three officers and …Read more

Mr. Beckwith was a 75 year old resident of the George Potter Home, which was one of the four residential care homes for the elderly in the London Borough of Wandsworth. The borough’s council (the Council) had decided to transfer the other three homes into private ownership and to close down George Potter Home altogether. …Read more

From 1990 onwards, the government implemented a policy whereby houses formerly owned by the state were transferred to Housing New Zealand (HNZ) (the first defendant), a corporate body with strong parallels to a state-owned enterprise, and their rents were progressively increased from their former subsidised level towards market rents. The plaintiff, a tenant of HNZ, …Read more

The Macedonian Trade Union Association and the Trade Union of Construction, Construction Material Industry and Design of the Republic of Macedonia challenged the constitutionality of Articles 11, 16 paragraph 3 and 203-a of the Law on amending and supplementing the Law on Health Care (“the Law”). Article 11 of the Law required insured workers to …Read more

Mr. XX, the Plaintiff, worked for the Gun Club Corporation, the Respondent, from 16 March 1992 until 1 July 1994. On 28 April 1994, Dr. Alvaro Murra Erazo, who was working for the Respondent, administered an HIV test to the Plaintiff. After receiving a positive result, the Plaintiff was advised by Dr. Murra to resign …Read more

Section 2(11) of the Insurance Act, 1938 defined life insurance business as “business effecting contracts of insurance upon human life, including any contract where by the payment of money is assured upon death.” Life Insurance Corporation of India (LIC), a state owned insurance company, took out its cheapest life insurance policy, “Table 58”. It was …Read more

The Consumer Education and Research Center filed several writ petitions against the State of India under Article 32 (obligation to promote social justice and welfare of the people) of the Indian Constitution regarding the protection of workers against the occupational health hazards and diseases associated with asbestos exposure. The petitioner applied for remedial measures to …Read more

The Appellant was employed by the Zambian Government as an accountant with the Ministry of Legal Affairs.  Upon recommendation for further evaluation of his medical condition he travelled to the United Kingdom where he underwent elective heart surgery.  He then claimed reimbursement of his medical expenses from his employer under the Conditions of Service for …Read more

The petitioners challenged the constitutionality of a law (Act XII of 1991 on Revision of Certain Pensions and Terminating Certain Pension Supplements (the “Act”)) that annulled the distribution of pension supplements which were given to individuals based on certain honors or honorary titles associated with achievements in science, sport or art, or service in specific …Read more

Schuler (S), who had contributed to the state invalidity insurance from her wages when working, contracted tuberculosis and was granted an invalidity pension when it was determined that she was unfit for work. She gave birth to a son in 1984 and, after being required to undergo a medical examination, her pension was cancelled with …Read more

Canada Safeway Ltd. maintained a group insurance plan that included weekly benefits for loss of pay due to accident or illness. The plan excluded pregnant women from coverage during a seventeen week period before, during, and after pregnancy. During that period, the plan excluded pregnant women suffering from both pregnancy and non-pregnancy-related afflictions. For part …Read more

In response to increasing projected state Medicaid costs, the directors of the Tennessee Medicaid program decided to implement a number of cost saving measures. Among these measures was a proposed reduction in the number of annual days of inpatient hospital care covered by the program from 20 to 14 days per fiscal year. Respondents, Tennessee …Read more

The Petitioner was an ‘an organisation dedicated to the cause of release of bonded labourers’. It conducted a survey in stone quarries and mines in Faridabad district. It found that several workmen in these mines were migrant workers from other States in India who were ‘bonded labourers.’ They were living in conditions of abject poverty. …Read more

The Respondents brought this suit challenging the constitutional validity of § 1903(f) of the Social Security Act (the Act); they claimed it violated the equal protection component of the Fifth Amendment. Under the Medicaid program, States were required to provide Medicaid coverage to certain individuals described as the “categorically needy” and, at their discretion, could …Read more

The Respondent, McRae, a Medicaid recipient seeking an abortion, brought a class action suit challenging the constitutional validity of the ‘Hyde Amendment’, which prohibited federal reimbursement under the Medicaid system for some abortions which were medically necessary. As established by an amendment to Title XIX of the Social Security Act in 1965, the Medicaid system …Read more

Title XIX of the Social Security Act establishes the Medicaid program under which participating States may provide federally funded medical assistance to needy persons. Title XIX requires that state Medicaid plans establish “reasonable standards . . . for determining . . . the extent of medical assistance under the plan which . . . are …Read more

The Respondent, Population Planning Associates (PPA) was a corporation primarily engaged in the mail-order retail sale of nonmedical contraceptive devices. PPA regularly advertised its products in periodicals, and accepted and filled orders by mailing contraceptives to purchasers. The advertisements and order forms did not limit the availability of PPA’s products to persons of any particular …Read more

Petitioners challenged the constitutional validity of regulations contained in the Social Security Act (‘the Act’) of Connecticut which limited Medicaid benefits for first trimester abortions to those that are “medically necessary”. For a benefit to be paid, the regulations required the submission of a written request by the pregnant woman, a physician’s certificate of medical …Read more

The Respondent brought a class action suit alleging constitutional rights violations after her request for a nontherapeutic abortion was refused by a public hospital in St. Louis.  Doe’s inability to obtain an abortion resulted from two factors, a personally motivated policy directive by the Mayor which prohibited the performance of abortions in the city hospitals …Read more

The applicant argued that the refusal of the authorities to give her disabled daughter a medical card constituted a breach of her daughter’s right to life guaranteed by Article 2 (right to life) of the European Convention of Human Rights (“the Convention”). The applicant’s daughter suffered from a serious deformation of the larynx, which prevented …Read more

Jose Vicente Moreno, the plaintiff, was affiliated with the health promoting entity E.P.S. of the I.S.S. del Valle (“E.P.S of I.S.S.”). Due E.P.S. of I.S.S.’s failure to provide medical services that the plaintiff required for the treatment of a catastrophic illness, he filed an transfer request before the health promoting entity Comfenalco E.P.S. (“E.P.S. Comfenalco”), …Read more