Case III SA/Kr 148/10
Country: PolandYear: 2010
Court: Wojewódzki Sąd Administracyjny w Krakowie [Voivodeship Administrative Court – Krakow]
Citation: Case file No. III SA/Kr 148/10
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
The plaintiff lost his unemployed person status for three months due to his failure to appear at the Labor office on an appointed date and for not providing a reason afterwards for his missed appointment. He missed the appointment because he was confused about the appointment date. Losing his unemployment status resulted in him losing …Read more
Boyle v. SCA Packaging Ltd.
Country: United KingdomYear: 2009
Court: House of Lords
Citation: [2009] UKHL 37
Health Topics: Disabilities
Human Rights: Freedom from discrimination
Ms. Boyle brought a claim against her employer, SCA Packaging, under the Disability Discrimination Act 1995 (the 1995 Act). Ms. Boyle had been employed by SCA Packaging as a buyer/stock controller since 1969. In 1974, she consulted an ENT specialist about constant hoarseness in her throat. She was diagnosed with nodules on her vocal cords. …Read more
Case 2009-0023
Country: BelgiumYear: 2009
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4379 & No. 4396. C. C., n°2009-0023
Human Rights: Freedom from discrimination, Freedom of association
Three non-profit organizations concerned with Belgian healthcare and nursing brought forward a plea seeking to annul a 2007 law relating to the representation of homecare nurses within the Conventions Committee of Nurses. At a later date, another non-profit organization brought forth a plea challenging Articles 2-5 of the 2007 law. The Constitutional Court heard both …Read more
Case 2009-165
Country: BelgiumYear: 2009
Court: Constitutional Court [Court Constitutionelle]
Citation: No. 4573 & 4574. C. C., n°2009-165
Health Topics: Health care and health services
Human Rights: Right to work
The Flemish Community brought a claim against the Belgian state, challenging Article 21 of the 1967 Royal Decree (Article 21) concerning healthcare professionals. In assessing the matter, the State Board referred two interlocutory questions to the Constitutional Court. The first question was whether Article 21 unconstitutionally infringed on the jurisdiction of the Flemish Community by …Read more
Case 2009-584 DC
Country: FranceYear: 2009
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2009-584 DC, 16 July 2009
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medicines, Mental health
Human Rights: Right to health
This case concerned a constitutional challenge to Articles 1, 10, 23, 84, 91 and 133 of law no. 2009-879 of July 21 2009, Loi portant réforme de l’hôpital et relative aux patients, à la santé et aux territoires (Law reforming hospitals and relating to patients, health and the territories) (the Law) in the Conseil Constitutionnel. …Read more
European Roma Rights Centre (ERRC) v. Bulgaria
Country: BulgariaYear: 2009
Court: European Committee of Social Rights
Citation: Complaint No 48/2008
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
The European Roma Rights Centre (ERRC) brought a complaint alleging that the 2006 and 2008 amendments to Bulgaria’s Social Assistance Act of 1998 (‘the Act’) violated Article 13(1) of the RESC, taken alone or in conjunction with the non-discrimination provisions of Article E. Prior to these amendments, entitlement to social assistance benefits under the Act …Read more
Gerhard Schultz-Hoff v. Deutsche Rentenversicherung Bund; Stringer and Others v. Her Majesty’s Revenue and Customs
Country: Germany, United KingdomYear: 2009
Court: European Court of Justice
Citation: Joined Cases C-350/06 and C-520/06
Health Topics: Disabilities, Occupational health
Human Rights: Right to work
Mr. Schultz-Hoff, an employee of Deutsche Rentenversicherung Bund (DRB) with a recognized disability, became unfit to work in September 2004 and was on continuous sick leave until the termination of his employment on September 30, 2005. On May 13, 2005, during his sick leave, Mr. Schultz-Hoff requested that he take his remaining paid annual leave …Read more
J.S.C.H., et al. v. Mexico
Country: MexicoYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 02/09, Petitions 302-04 and 386-04, February 4, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Informed consent, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy, Right to social security, Right to work
This report addresses the admissibility of a petition that alleged Mexico failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to equal protection of the law and the right to humane treatment. J.S.C.H. and M.G.S. were discharged from the Mexican Army because of their HIV …Read more
Pensioners of BANDESA v. Guatemala
Country: GuatemalaYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 102/09, Petition 1380-06, October 29, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to social security
This case concerned a petition received by the Inter-American Commission on Human Rights (“IACHR”) from the Workers’ Pension Plan Association of the Banco Nacional de Desarrollo Agricola (National Agricultural Development Bank) (BANDESA). The petition was brought on behalf of 179 former BANDESA workers against the Republic of Guatemala. The petitioners alleged that the State of …Read more
Wong v. Commonwealth
Country: AustraliaYear: 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
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