N.T.V., a recipient of auxiliary reproductive technology (ART), submitted an application to declare invalid part of an order issued by the Ministry of Healthcare on February 26, 2003. The order (No. 67) approved instruction on the usage of various methods of ART. In particular, N.T.V. objected to paragraph 6, which prevents the establishment of paternity …Read more

Appellee was diagnosed with HIV in 1994. In 1996, he began a relationship with appellant, during which time he used condoms but did not inform appellant of his HIV-positive status. The condom broke on several occasions, and ultimately appellant became pregnant and HIV-positive, and when she gave birth to their daughter, the daughter also was …Read more

The Constitutional Court considered the constitutionality of the Belarusian law On Making Alterations and Addenda to the Law of the Republic of Belarus ‘On guarantees on social protection of orphan children, children left without parental care, and also individuals who belong to the category orphan children and children left without parental care’ (“Orphan Law”). The …Read more

The plaintiff, in representation of his daughter Yanet Marien Dupuy, brought the case to the National First Instance Civil Court [Juzgado Nacional de Primera Instancia en lo Civil n° 52] against the Modelo Quilmes Hospital [Sanatorio Modelo Quilmes] and the Social Help Office for the National Congress Personal [Dirección de Ayuda Social para el Personal del …Read more

The plaintiff brought the case to the Federal Criminal Court of Lomas de Zamora [Juzgado Federal en lo Criminal y Correccional N° 2] against the responsible of the Federal Program of Health [Programa Federal de Salud (P.R.O.F.E.)] who were not providing the medicines and dialysis equipment for the treatment of her seven year old daughter, …Read more

Appellants, a married couple who are members of an indigenous community known as the “Basarwa,” sought reversal of a High Court decision that had denied members of the Basarwa communities a constitutional right to utilize at their own expense a borehole located within the Central Kalahari Game Reserve (CKGR) for purposes of extracting and using …Read more

The plaintiff brought the case to the First Instance Court of Paraná [Juzgado de Instrucción n° 7 de Paraná] aginst the Helath Insurance Institute of Entre Ríos [Instituto de Obra Social de la Provincia de Entre Ríos – IOSPER] because it refused to provide comprehensive coverage to the autism treatment that the plaintiff’s son needed. …Read more

A constitutional amparo (writ of injunctive relief) petition was brought the petitioner on behalf of his minor daughter against the Department Director of the Sexually Transmitted Infections/A.I.D.S. (“STI/AIDS”) Program, alleging violations of his daughter’s rights to life, to health, to “legal certainty,” and to petition, as guaranteed by the Bolivian Constitution. The petitioner’s daughter lived …Read more

The applicant, G.Z. was diagnosed with Gaucher’s disease at the age of three. Gaucher’s disease was a rare disease which can only be successfully treated with the drug Cerezyme. If the disease was not treated, it could result in early death. G.Z’s parents claimed 100% reimbursement of the purchase costs of Cerezyme on G.Z’s behalf. …Read more

The QPC (Question prioritaire de constitutionnalité) process was created in France in 2008. It allows for preliminary rulings on the conformity of a legal provision with the Constitution. This disposition challenged the 2002 law (Paragraph I of section 1 of the Act of March 4th 2002) that states “No one shall claim he has sustained …Read more