158 judgments found.

Jorge Odir Miranda Cortez v. El Salvador

Country: El Salvador
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 27/09, Case 12.249, March 20, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
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, Right to privacy, Right to work
Facts:

This report addresses allegations that El Salvador failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to health and the right life. Petitioner, Jorge Odir Miranda Cortez, filed a petition on behalf of himself and 26 other people living with HIV against the State of …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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Masangano v. Attorney General

Country: Malawi
Year: 2009
Court: High Court at Lilongwe
Citation: 2009 AHRLR 353 (MHC 2009)
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Gable Masango, a prisoner serving a twelve-year prison term in Malawi, brought suit against Malawian government officials claiming the conditions of his and his fellow prisoners’ imprisonment violated the Republic of Malawi Constitution and the Prison Regulations of the Prisons Act (“Prison Regulations”). The prisoner alleged that the prison provided insufficient resources, including insufficient diet …Read more

Tags: Abuse, Access to drugs, Access to health care, Access to medicines, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Food, Food shortages, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Malnutrition, Prison conditions, TB, Torture, Tuberculosis
Download Judgment: English

Roma Drug, et al. v. Glaxo SmithKline, et al.

Country: Philippines
Year: 2009
Court: Supreme Court
Citation: G.R. No. 149907
Health Topics: Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to property
Facts:

The National Bureau of Investigation (NBI) and the Bureau of Food and Drugs (BFAD) raided Roma Drug and five other drug stores at the request of SmithKline Beecham Research Limited (SmithKline), the authorized local distributor for its London-based parent company. In the raid, the NBI and BFAD seized several imported medicines sold by the drug …Read more

Tags: Access to drugs, Access to medicines, Clinical testing, Clinical trials, Drug quality, Drug safety, Drug testing, Generic drugs, Indigent, Intellectual property, Low income, Manufacturing, Patents, Pharmaceuticals, Poor, Spurious medicines, TRIPS
Download Judgment: English

Sudan Human Rights Organisation, et al. v. Sudan

Country: Sudan
Year: 2009
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 279/03-296/05 (2009).
Health Topics: Diet and nutrition, Disasters and emergencies, Environmental health, Health care and health services, Medicines, Sexual and reproductive health, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to health, Right to housing, Right to liberty and security of person, Right to life, Right to property
Facts:

The complainants, two human rights organizations based in Sudan, the United Kingdom and Canada, alleged gross and systematic violations of human rights on the part of the Republic of Sudan and Government-supported militia forces in the Darfur region against indigenous tribes, including the Fur, Marsalit and Zaghawa. The organizations alleged that since General Omar Al-Bashir …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Armed conflict, Clean water, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Drinking water, Food, Food shortages, Forced displacement, Humiliating treatment, Indigenous groups, Inhuman treatment, Militias, Poisoning, Rape, Refugees, Safe drinking water, Sexual abuse, Sexual assault, Sexual violence, Torture, Violence against women, Water pollution
Download Judgment: English

Wong v. Commonwealth

Country: Australia
Year: 2009
Court: High Court
Citation: (2009) 236 CLR 573; [2009] HCA 3
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to favorable working conditions, Right to health, Right to social security, Right to work
Facts:

Wong and Selim were “vocationally registered general practitioner(s)” within s 3F of the Health Insurance Act 1973 (Cth) (the Act). Both were found to have engaged in “inappropriate practice” by a Professional Services Review Committee (the Committee) established under Pt VAA (ss 80-106ZR) of the Act. The effect of the Committee’s findings was to require …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Compensation, Employment, Health funding, Health insurance, Health regulation, Inadequate treatment, Inappropriate treatment, Military, Out-of-pocket expenditures, Reimbursement, Social security, Subsidies
Download Judgment: English

Aleksanyan v. Russia

Country: Russia
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 46468/06; [2009] ECHR 1226
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person
Facts:

A, a Russian national, was a former practicing member of the Moscow bar. On 29 March 2006 a Moscow district court authorized the criminal prosecution of A in connection with his alleged participation in the embezzlement of property and shares of several oil companies in the late 1990s. On 5 April 2006 Russian authorities searched …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Blind, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Essential medicines, First-line treatment, HIV, HIV positive, HIV status, Incarceration, Inhuman treatment, Inmate, Jail, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Andrea Mortlock v. United States

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
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Case 1157/2007-II

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
Download Judgment: Spanish

Case 16/2008

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
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Case 211

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
Download Judgment: English
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