158 judgments found.

Gila Louzon v. Government of Israel

Country: Israel
Year: 2005
Court: Supreme Court (sitting as the High Court of Justice)
Citation: HCJ 3071/05
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
Facts:

The decision addressed three petitions with similar facts. In all three cases, the petitioners were diagnosed with cancer and prescribed a medication not included in the health services basket available under the national health care services (which was prohibitively expensive to purchase individually). By the time two of the petitions came to the Court, however, …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Budget, Cancer, Emergency care, Essential medicines, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Non-communicable diseases, Out-of-pocket expenditures, Pharmaceuticals, Pricing, Social security, Subsidies, Tertiary care
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Luis Rolando Cuscul Pivaral, et al. (Persons Living with HIV/AIDS) v. Guatemala

Country: Guatemala
Year: 2005
Court: Inter-American Commission on Human Rights
Citation: Cuscul v. Guat., Case 642/03, Inter-Am. Comm’n H.R., Report No. 32/05, OEA/Ser.L/V/II.124, doc. 5 (2005).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to due process/fair trial, Right to health, Right to life
Facts:

Petitioners, Luis Rolando Cuscul Pivaral and 38 others living with HIV/AIDS, alleged violations of Articles 4 (life), 8 (fair trial), 24 (equal protection), 25 (judicial protection), 26 (progressive development of economic, social and cultural rights) in conjunction with rights referred to in Article 1(1) of the American Convention on Human Rights because the State failed …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, HIV
Download Judgment: English

Mazibuko v. Minister of Correctional Services, et al.

Country: South Africa
Year: 2005
Court: High court of Transvaal Provincial Division
Citation: Case No: 38151 / 05; [2007] JOL 18957 (T)
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
Facts:

The Applicant, Simon Musi Mazibuko, was a prisoner living with HIV. He had been convicted of murder assault with intent to do grievous bodily harm, robbery, theft, and unlawful possession of a firearm and ammunition, and sentenced to life in prison. The Applicant was suffering from several opportunistic infections, including tuberculosis, and his CD4 count …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Detention, Disabled, Handicapped, Health care professionals, Health care workers, HIV positive, Imprisonment, Jail, People living with HIV/AIDS, Physically challenged, PLHIV, Testing
Download Judgment: English

Minister of Health, et al. v. New Clicks South Africa (Pty.) Ltd., et al.

Country: South Africa
Year: 2005
Court: Constitutional Court
Citation: [2005] ZACC 14; 2006 (8) BCLR 872 (CC); 2006 (2) SA 311 (CC)
Health Topics: Health systems and financing, Medicines
Human Rights: Right to health
Facts:

This case involved the regulation of fees for the dispensing of medicines by public and private pharmacies. The first Applicant (the Minister) had made and published the Regulations Relating to a Transparent Pricing System for Medicines and Scheduled Substances (the Regulations) under the Medicines and Related Substances Act 101 of 1965 (the Medicines Act). The …Read more

Tags: Access to drugs, Access to medicines, Health regulation, Pricing
Download Judgment: English

N (FC) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 31
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health
Facts:

N, a Ugandan woman, came to London in Mach 1998 seeking asylum. Her application for asylum was rejected and the Secretary of State proposed to expel her. N was suffering from advanced HIV/AIDS, but had achieved a stable condition due to the extensive medical treatment and medication she had been receiving in the UK. If …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Degrading treatment, Essential medicines, First-line treatment, HIV, HIV positive, HIV status, Immigration, Inhuman treatment, Migrants, People living with HIV/AIDS, PLHIV, Refugees, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

Orlando, Susana Beatriz v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2005
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: O. 59. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Medicines, Poverty
Human Rights: Right to health
Facts:

Susana Orlando, a 55-year-old-woman suffering from multiple sclerosis, brought a claim of amparo against the Federal State and the Province of Buenos Aires for acts and omissions preventing her to obtain the medicine she needed to fight her disease and that she could not afford. In particular, she complained about the fact that her illness …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Blind, Disabilities, Handicapped, Low income, Neurological diseases, Poor, Underprivileged
Download Judgment: Spanish

Pentiacova and Ors. v. Moldova

Country: Moldova
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 14462/03; (2005) 40 EHRR SE23
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to life, Right to property
Facts:

Applicants filed a complaint with the European Court of Human Rights alleging that the Moldovan government’s inadequate financing of hemodialysis treatments violated their right to life, caused them significant pain and suffering, and negatively affected their families’ lives. Applicants were a group of patients suffering from liver failure and receiving hemodialysis treatments. They alleged that …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Budget, Emergency care, Essential medicines, Health care technology, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Kidney disease, Noncommunicable diseases, Out-of-pocket expenditures, Public hospitals
Download Judgment: English French Romanian

The Affordable Medicines Trust, et al. v. Minister of Health and Director-General of Health

Country: South Africa
Year: 2005
Court: Constitutional Court
Citation: Case CCT 27/04
Health Topics: Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to work
Facts:

T, an organisation campaigning on behalf of those seeking affordable medicines in addition to promoting the rights of medical practitioners to dispense medicines to the public, together with N, an association of dispensing providers and M, a medical practitioner authorised to dispense medicines, challenged certain aspects of a licensing system governed by the Medicines and …Read more

Tags: Access to drugs, Access to medicines, Drug quality, Drug safety, Health care professionals, Health care workers, Health regulation, Inappropriate treatment, Labeling
Download Judgment: English

A.V. et al. v. Estado Nacional [Ministerio de Salud de la Nación- Programa Nacional de Lucha contra el S.I.D.A.]

Country: Argentina
Year: 2004
Court: Juzgado Nacional de Primera Instancia en lo Civil y Comercial Federal, Sala II [Federal Civil and Commercial Court of First Instance, 2nd Chamber]
Citation: Caso n° 3223/02, 27 February 2004.
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The Petitioners were persons living with HIV. They brought action against the Ministry of Health of Argentina for failing to provide necessary medical treatment guaranteed by the Programa Nacional de Lucha contra el S.I.D.A. (National Programme Against AIDS). Petitioners filed a writ of amparo requesting judicial protection of their right to health and requesting that …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Essential medicines, Health funding, HIV, People living with HIV/AIDS, PLHIV, Social security
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Brown v. Johnson

Country: United States
Year: 2004
Court: 11th Circuit Court of Appeal
Citation: 387 F.3d 1344 (2004)
Health Topics: 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:

Plaintiff, a prisoner, filed suit alleging violation of the due process clause of the Fourteenth Amendment and of the Eight Amendment as a result of Defendants’ withdrawing his prescribed medications. Upon entry into Georgia State Prison, Plaintiff’s medical records indicated he suffered from HIV and hepatitis. Plaintiff was prescribed medications for HIV and hepatitis ten …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Hepatitis, HIV, HIV positive, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, People living with HIV/AIDS, Pharmaceuticals, PLHIV
Download Judgment: English
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