This case was heard by the Inter-American Court of Human Rights. Their opinion is available here. Leaders of the Yakye Axa indigenous community of the Enxet-Lengua people filed suit against the Republic of Paraguay claiming that the Paraguayan State violated Articles 4 (right to life) and 25 (judicial protection), in conjunction with Article 1(1) (obligation …Read more

Oscar Álvarez, a 46 year old man who was disabled, unable to work and facing economic difficulties, filed an guarantee of protection of individual constitutional rights (amparo protection) against the Province of Buenos Aires and the National State. The plaintiff stated that he suffered from paralysis, both for congenital reasons and as a result of an accident. …Read more

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

The plaintiff, Maria Constantina Capizzano de Galdi, filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Welfare Institute (“Instituto de Obra Social”) in order to restore the medical service that was no longer offered to her. The plaintiff’s medical services were suspended by the respondent by a resolution for failure …Read more

Illegal migrants who had applied for regularization were de facto condoned on the territory pending their application, but were not entitled to full social services; they were only entitled to urgent medical care. In contrast, asylum seekers who were appealing a rejection and foreigners residing legally in the country were entitled to full social services. …Read more

Before the promulgation of the Voluntary Interruption of Pregnancy Act, 78 senators made a referral to the French constitutional court challenging the constitutionality of the new bill according to article 61 of the French Constitution. The Act had three components. It extended to 12 weeks the period of time a woman could have an abortion …Read more

The Court evaluated the constitutionality of article 19, para. 2 of the legislative decree 25 July 1998 no. 286 (Consolidating act on Immigration and Norms concerning the Status of Foreigners) (the Decree) which implicitly allowed the expulsion of a foreigner entering Italian territory without documentation and staying for the sole reason of completing essential medical …Read more

Doris Fabiola Reinoso Barroso was the daughter of Esteban Reinoso (the Plaintiff) a Colombian Petroleum Company (the Respondent) pensioner, who enjoyed medical assistance services covered by the Respondent. Although she was an adult, Ms. Barroso was listed as a beneficiary of the Plaintiff on these medical assistance services, as her paranoid schizophrenia meant that she …Read more

Cesar Augusto Medina Lopera (the Plaintiff) requested the Health Security Company Comfenalco (H.S.C, the Respondent), to affiliate him to the Social Security System in Health as beneficiary of his life partner, Jairo Castaño Suescún, who was a contributor to this H.S.C. The Respondent denied the affiliation and argued that, in accordance with Colombian Political Constitution, …Read more

Originally, three individuals living with HIV brought action against Hospital Simón Bolívar and the District’s Secretary of Health for the Hospital’s refusal to provide them with the necessary medications and treatment for their condition upon petitioners’ inability to afford payment of the medications and services. The petitioners claimed violations of their rights to health, life …Read more