160 judgments found.

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

Country: Argentina
Year: 2002
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:

A 55-year-old woman suffering from multiple sclerosis brought case against the Government of Argentina and the Province of Buenos Aires for acts and omissions that prevented the provision of the medications necessary for her condition that she could not afford. The petitioner’s illness did not fall within the provincial government’s jurisdiction for coverage. Therefore, the …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
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Patiño Linares v. Ministerio de Salud Pública y Asistencia Social

Country: El Salvador
Year: 2002
Court: Constitutional Chamber of the Supreme Court of Justice [Sala de lo Constitucional de la Corte Suprema de Justicia]
Citation: Acción de Amparo, Case No. 46-2002, 11 de septiembre de 2002.
Health Topics: Health care and health services, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Facts:

This case involved an HIV-positive plaintiff who claimed that the Ministry of Public Health and Social Assistance denied him an associated antiretroviral therapy.  The plaintiff filed an action for the protection of his fundamental human rights, claiming that the Ministry had violated his right to health and life, under articles 2 and 65 of the …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretroviral, ARVs, Essential medicines, HIV, HIV positive, People living with HIV/AIDS, PLHIV
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Paulini, Héctor Daniel et al. v. Provincia de Buenos Aires et. al.

Country: Argentina
Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 952. XXXVIII.
Health Topics: Child and adolescent health, Disabilities, Health care and health services
Human Rights: Right to health, Right to social security
Facts:

The plaintiffs filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance of the Province of Buenos Aires (IOMA), and subsequently, the Province of Buenos Aires and the National State to provide health coverage for their underage son who was disabled. The plaintiffs argued that as the health insurance company …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Children, Disabilities, Disabled, Health insurance, Right to Health, Right to Life, Social security
Download Judgment: Spanish

Pizzi, Marcelo Daniel v. Ministerio de Salud de la Nación et al.

Country: Argentina
Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 418. XXXVIII.
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health and the Province of Buenos Aires to obtain coverage for the medical treatment that he required. The case was brought by the Federal Court of Appeals to the Supreme Court of Justice because it understood that it …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Health regulation, Public hospitals, Right to Health, Right to Life, Social security
Download Judgment: Spanish

Arcila Henao v. Netherlands

Country: Netherlands
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 13669/03
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The applicant was a Columbian national residing in the Netherlands. He complained that his expulsion to Columbia would violate Article 3 of the European Convention on Human Rights (the “Convention”) which prohibits torture and inhuman or degrading punishment, as he would be unable to continue treatment for his HIV and Hepatitis B and would therefore …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, First-line treatment, Hepatitis, HIV, HIV positive, Immigration, Indigent, Inhuman treatment, Low income, Migrants, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Poor, Refugees, Second-line treatment
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Case 3.599-2001

Country: Chile
Year: 2001
Court: Supreme Court
Citation: Rol No. 3599
Health Topics: Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health
Facts:

The Appellants are HIV-positive and cannot afford the life-sustaining drugs needed to treat their condition. They submitted a protection order to the Court to require the Metropolitan Health Services to provide certain life-sustaining drugs.

Tags: Access to drugs, Access to medicines, AIDS, Budget, HIV, HIV positive
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Etcheverry, Roberto Eduardo v. Omint Sociedad Anónima y Servicios

Country: Argentina
Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: E. 34. XXXV
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life
Facts:

The Petitioner, Roberto Eduardo Etcheverry, worked for ISC Bunker Ramos S.A between April 1992 and June 1993, and was formally employed by them until 1997. During his employment, he was a member of Omint, a health insurance company. His coverage with Omint was paid for by ISC Bunker Ramos under an unwritten arrangement. ISC Bunker …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Health insurance, HIV, People living with HIV/AIDS, Social security
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López, Glenda, et al. v. Instituto Venezolano de los Seguros Sociales (IVSS)

Country: Venezuela
Year: 2001
Court: Supreme Court
Citation: Expediente No. 00-1343, Sentencia No. 487
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to development, Right to health, Right to life, Right to social security
Facts:

The Petitioners were a group of people living with HIV covered by the Venezuelan Institute of Social Security (IVSS). They filed an amparo action against the IVSS requesting that it ensure a regular and consistent supply of HIV triple-therapy drugs and other medicines necessary for treatment of opportunistic infections, and that IVSS cover the expense …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Diagnostics, Health expenditures, Health funding, Health spending, HIV, People living with HIV/AIDS, PLHIV, Social security, Testing
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Miranda Cortéz, Jorge Odir, et al. v. El Salvador

Country: El Salvador
Year: 2001
Court: Inter-American Commission on Human Rights
Citation: Miranda Cortez v. El Sal., Case 12.249, Inter-Am. Comm’n H.R., Report No. 29/01, OEA/Ser.L/V/II.111 Doc. 20 rev. at 284 (2000).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to life
Facts:

Applicant filed this petition on behalf of himself and 26 other HIV infected persons against the State of El Salvador alleging Article 26 of the American Convention (the right to health) violation for failing to provide HIV triple therapy medication they needed to prevent death and to improve their quality of life. Petitioner maintains that …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Cruel treatment, Degrading treatment, Diagnostics, Examination, First-line treatment, HIV, HIV positive, HIV status, Inhuman treatment, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture, Transmission
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People Living with HIV v. Chile

Country: Chile
Year: 2001
Court: Inter-American Commission on Human Rights
Citation: Precautionary Measures, Inter-Am. Comm’n H.R., OEA/Ser.L./V/II.114, doc. 5 rev. (2002).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to health, Right to life
Facts:

The Inter-American Commission granted precautionary measures, in Chile, on behalf of Juan Pablo Améstica Cáceres, Manuel Orlando Farías, and Náyade Orieta Rojas Vera. These three individuals are carriers of the human immunodeficiency virus (HIV/AIDS) who contacted the IACHR because they believed their right to life and health was in serious danger.

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, HIV, HIV positive, People living with HIV/AIDS, Pharmaceuticals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English Spanish