The applicant, a Ugandan national, was HIV positive and claimed that if the United Kingdom forced her to return to Uganda then she would not have sufficient access to medical treatment for her condition. She claimed that this result would violate her rights under Articles 3 (prohibiting torture and inhuman or degrading treatment or punishment) …Read more

M was Zimbabwean citizen diagnosed as HIV positive, who was living in the United Kingdom while his appeal of a decision to return him to Zimbabwe was ongoing. Because of his illness, he applied to the local health authority to assess his needs for accommodation. The authority declined to provide accommodation to M. It determined …Read more

This case was brought against the Central Unit of State Acquisition of Medication and Related Goods for supplying generic versions of antiretroviral drugs that were allegedly of lower quality than their original versions. The complainants alleged that their constitutional right to health had been violated. The complainants had lost at the trial court level and …Read more

Herceptin was a drug used to treat an aggressive form of breast cancer called Her2, and it cost roughly $68000 to $70000 for a 12 month course.  The first defendant, the Pharmaceutical Management Agency (Pharmac), was responsible for determining which pharmaceutical treatments would wholly or partially be subsidised by District Health Boards (DHBs). From 2001, …Read more

This case has been affirmed on appeal to the Supreme Court of Cassation. The Plaintiff was diagnosed with breast cancer in 1998. As part of her treatment, she was prescribed hormone medication and received a mastectomy. At one point, she was prescribed Zoladex, which which causes temporary cessation of ovarian function. . Although prescribed this medication, …Read more

A Chief of Police contracted Hepatitis C while intervening in the attempted suicide of a prisoner. The the Court of Justice of São Paulo held that the state and its health system were responsible for providing him, an individual in financial need, with medications to treat his Hepatitis C. The State of São Paulo filed an extraordinary …Read more

The Court of Justice found that the State of Rio Grande do Norte had the obligation of providing high-cost medication, free of charge, to an indigent individual suffering from melanoma. The Court of Rio Grande do Norte had previously dismissed an interlocutory appeal brought by the state. The State of Rio Grande do Norte filed an extraordinary …Read more

The applicant, a Russian national, filed several European Convention on Human Rights Article 3 violations (inhuman or degrading treatment) during his prison term. He claimed that his serious medical state (ischaemic heart disease, exertional angina, hypertension, myopia and chronic bronchitis) was not treated appropriately, that he was beaten by investigating officers and cellmates (alleging broken …Read more

The applicant, a politician was arrested and detained in a detention centre. He was accused of treason and use of armed forces against the State. The applicant absconded and went into hiding but was caught and arrested. The applicant alleged that he was ill-treated and not allowed to see a doctor during the period of …Read more

The Municipality of Caxias do Sul brought an interlocutory appeal against the Court of Justice of Rio Grande do Sul’s decision, refusing to admit an extraordinary appeal. The Court of Justice found that the federal, state and municipal governments possessed joint liability, stemming from their duty to provide free pharmaceuticals for the treatment of serious …Read more