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

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

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

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

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

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

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) with the Federal First Instance Court against the Province of Buenos Aires and the State for them to provide comprehensive coverage for her sclerosis multiple treatment because she didn’t have the economic resources to afford the medicine. The State provided her 3 boxes …Read more

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

The State of Mato Grosso filed an extraordinary appeal against the decision of the Court of Justice of Mato Grosso. The Court of Justice found that the State was responsible for providing free medication for the treatment of HIV/AIDS to a needy individual, even though the medication was not included in the list of medication …Read more

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