49 judgments found.

Mohd Ahmed (Minor) v. Union of India, et al.

Country: India
Year: 2014
Court: High Court of Delhi
Citation: W.P.(C) 7279/2013
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Poverty
Facts:

Petitioner was a 7-year-old boy suffering from a rare genetic disease called Gaucher Disease (a type of Lysosomal Storage Disorder) which, if left untreated, would render him unlikely to survive. Although Enzyme Replacement Therapy (ERT), a monthly, lifelong treatment, would afford him a normal life, the drug, due to low demand arising from the rarity …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Child mortality, Children, Essential medicines, Genetic disease, Health expenditures, Health funding, Health regulation, Health spending, Indigent, Low income, Minor, Noncommunicable diseases, Out-of-pocket expenditures, Pediatric health, Pharmaceuticals, Poor, Pricing, Social security, Subsidies, Tertiary care, Underprivileged
Download Judgment: English

Center for Health Human Rights and Development (CEHURD) v. Attorney General

Country: Uganda
Year: 2012
Court: Constitutional Court
Citation: Constitutional Petition No. 16 of 2011
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

The petitioners claimed that the lack of provision of basic health maternal commodities in Government Health Facilities and the negligent, unethical behavior of health workers toward expectant mothers in those facilities resulted in violations of the Constitution of the Republic of Uganda (the “Constitution”). Specifically, the petitioners claimed violations of the right to health and …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Childbirth, Children, Cruel treatment, Degrading treatment, Essential medicines, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health spending, Humiliating treatment, Inadequate treatment, Inappropriate treatment, Indigent, Infant health, Infant mortality, Inhuman treatment, Low income, Maternal health, Maternal mortality, Midwifery, Negligence, Out-of-pocket expenditures, Pediatric health, Poor, Pregnancy, Primary care, Public hospitals, Remedies, Subsidies, Underprivileged
Download Judgment: English

Laidlow v The Minister of Citizenship and Immigration

Country: Canada
Year: 2012
Court: Federal Court
Citation: (2012) FC 144
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to health, Right to life
Facts:

The applicant was a citizen of Saint Vincent and the Grenadines who entered Canada on a visitor visa, and remained in Canada illegally after his visa had expired. During this time, he was hospitalized after losing his eyesight and memory. He was diagnosed with a benign tumor affecting his brain and pituitary gland. The tumor …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Blind, Essential medicines, Examination, Health expenditures, Health facilities, Health funding, Health regulation, Health spending, Immigrants, Immigration, Refugees, Testing
Download Judgment: English

Ochieng v. Attorney General

Country: Kenya
Year: 2012
Court: High Court of Kenya (Nairobi)
Citation: Petition No. 409 of 2009
Health Topics: HIV/AIDS, Medicines
Human Rights: Right to health, Right to life, Right to privacy
Facts:

The petitioners were Kenyan citizens living with HIV/AIDS. They petitioned seeking a declaration that the fundamental rights of life, human dignity and health as protected and envisaged by the Constitution, encompassed access to affordable and essential drugs and medicines, including generic HIV/AIDS drugs. The petitioners also sought a declaration that the Anti-Counterfeit Act, 2008 and …Read more

Tags: Access to drugs, Access to health care, AIDS, Essential medicines, Generic drugs, HIV, HIV positive, Intellectual property, Patents, People living with HIV/AIDS, Pricing, TRIPS
Download Judgment: English

Patricia Asero Ochieng, et al. v. Attorney General, et al.

Country: Kenya
Year: 2012
Court: High Court at Nairobi
Citation: Petition 409 of 2009
Health Topics: Child and adolescent health, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Petitioners were citizens of Kenya living with HIV. They claimed that provisions of the Anti-Counterfeiting Act, 2008 (the Act) severely restricted access to affordable, essential medicines, including generic medicines for HIV-related diseases, in violation of their fundamental rights to life, dignity and health protected under articles 26(1), 28 and 43 of the Constitution of …Read more

Tags: Access to drugs, Access to medicines, AIDS, Antiretrovirals, ARVs, Children, Drug quality, Drug safety, Essential medicines, Generic drugs, HIV, HIV positive, Intellectual property, Manufacturing, Minor, Patents, Pediatric health, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Poor, Pricing, Spurious medicines, Transmission, Underprivileged
Download Judgment: English

Case 179/2011

Country: Uruguay
Year: 2011
Court: Tribunal Apelaciones Civil 4ºTº
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

Appellant Ministry of Public Health (“MSP”) refused to provide the medicine CETUXIMAB to the plaintiff, arguing that, although it was obligated to ensure public health, it had no legal power to dispense medication directly to the population and that its refusal to provide the medicine was  also consistent with the fact that the drug was …Read more

Tags: Access to drugs, Access to medicines, Cancer, Essential medicines, Health funding, Health insurance, Health regulation, Low income, Pharmaceuticals, Social security
Download Judgment: English Spanish

Case 52/2011

Country: Uruguay
Year: 2011
Court: Civil Appeals Court, 1st District [Tribunal Apelaciones Civil 1ºTº]
Citation: Docket No. 52/2011
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to health, Right to social security
Facts:

The appellant, joined by his spouse and children, filed suit against defendant Catholic Workers Circle of Uruguay, an affiliated collective medical assistance institution, to recover for loss of earning capacity and moral damages. The appellant’s doctor (co-defendant) at Catholic Workers Circle had diagnosed the appellant with a benign brain tumor and prescribed radiation therapy in …Read more

Tags: Access to drugs, Access to medicines, Cancer, Essential medicines, Health care professionals, Health care workers, Health facilities, Health funding, Health insurance, Health regulation, Inappropriate treatment, Negligence, Out-of-pocket expenditures, Pharmaceuticals, Pricing, Reimbursement
Download Judgment: English Spanish

Case 108-2010-R

Country: Bolivia
Year: 2010
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

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

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Children, Essential medicines, Health expenditures, Health funding, HIV, HIV positive, Indigent, Low income, Minor, Pediatric health, People living with HIV/AIDS, PLHIV, Poor, Subsidies
Download Judgment: English Spanish

Case 2009-12-03

Country: Latvia
Year: 2010
Court: Constitutional Court
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
Facts:

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

Tags: Access to drugs, Access to medicines, Access to treatment, Budget, Children, Disabled, Essential medicines, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Minor, Out-of-pocket expenditures, Pediatric health, Pharmaceuticals, Pricing, Reimbursement, Subsidies
Download Judgment: English Latvian

Case 42755708

Country: Latvia
Year: 2010
Court: District Court of Administrative Cases
Citation: A02405-10/18
Health Topics: Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
Facts:

The Plaintiff bought 13 packs of Sprycel, also known as desatinib, during the year and sought reimbursement for their costs. A local university hospital doctors council concluded that the Plaintiff would not survive without Sprycel treatment. According to the law of Latvia, the Plaintiff was reimbursed up to LVL 10 000 for his purchase of …Read more

Tags: Access to treatment, Budget, Essential medicines, Health expenditures, Health regulation, Health spending, Out-of-pocket expenditures, Pricing, Reimbursement
Download Judgment: English Latvian
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