46 judgments found.

Pentiacova and Ors. v. Moldova

Country: Moldova
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 14462/03; (2005) 40 EHRR SE23
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to life, Right to property
Facts:

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

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Budget, Emergency care, Essential medicines, Health care technology, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Kidney disease, Noncommunicable diseases, Out-of-pocket expenditures, Public hospitals
Download Judgment: English French Romanian

Case 1294-2004-R

Country: Bolivia
Year: 2004
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Citation: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia], Constitutional Judgment 12/94/2004-R, August 12, 2004 (Bol.)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to health, Right to life, Right to social security
Facts:

The National Commission on Benefits of the National Health Treasury (CNS) provided free medical insurance for the elderly. Alejandro Cuba Plaza, a beneficiary of CNS, was diagnosed with “terminal chronic kidney failure” and treated with ongoing hemodialysis at Obrero Hospital. After 52 weeks of treatment, CNS ordered the Director of Obrero Hospital to transfer Plaza …Read more

Tags: Access to health care, Access to treatment, Aged persons, Budget, Elderly, Health care technology, Health funding, Health insurance, Health regulation, Health spending, Kidney disease, Long-term care, Low income, Older persons, Out-of-pocket expenditures, Poor, Private hospitals, Public hospitals, Senior citizens, Social security, Subsidies, Tertiary care
Download Judgment: English Spanish

Competition Commission v. South African Medical Association

Country: South Africa
Year: 2004
Court: Competition Tribunal
Citation: Case No. 23/CR/Apr04
Health Topics: Health care and health services, Health systems and financing
Facts:

The Competition Commission (Commission) initiated an investigation into the conduct of the South African Medical Association (SAMA) in relation to the setting of tariffs for health care services provided by its members. SAMA is a non-profit association that is the representative association of medical practitioners in South Africa. SAMA dealt with both professional and business …Read more

Tags: Health care technology, Pricing
Download Judgment: English

International Federation of Human Rights Leagues (FIDH) v. France

Country: France
Year: 2004
Court: European Committee of Social Rights
Citation: Complaint No. 13/2003, 40 Eur. H.R. Rep. SE25 (2005).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
Facts:

Changes in French domestic law required foreign nationals to have lawfully resided in France for three continuous months and to satisfy an economic means test in order to qualify for benefits under the country’s universal medical coverage (CMU) program. The benefits for lawful nationals included health insurance with a potential to receive supplemental insurance. Conversely, …Read more

Tags: Access to health care, Access to treatment, Children, Health care technology, Health expenditures, Health funding, Health insurance, Health spending, Immigration, Migrants, Minor
Download Judgment: English

Sanchez Villalobos, Ana Victoria and Others v. Costa Rica

Country: Costa Rica
Year: 2004
Court: Inter-American Commission on Human Rights
Citation: Sanchez Villalobos v. Costa Rica, Case 12.361, Inter-Am. Comm’n H.R., Report No. 25/04, OEA/Ser.L/V/II.122, doc. 5 rev. 1 (2004).
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to health, Right to life, Right to privacy
Facts:

Petitioner, a man seeking treatment for infertility, alleges on behalf of others seeking treatment that the Government of Costa Rica’s prohibition on access to in vitro fertilization, one of the treatments available, constitutes violations of Articles 1, 2, 4, 5, 8, 11(2), 17, 24, 25, 26 and 32 of the American Convention on Human Rights, …Read more

Tags: Access to treatment, Assisted reproductive technology, Family planning, Fertility, Health care technology, In utero fertilization, In vitro fertilization, Infertility, Pregnancy
Download Judgment: English Spanish

Centre For Enquiry Into Health And Allied Themes (CEHAT) v. Union Of India & Others

Country: India
Year: 2003
Court: Supreme Court
Citation: Writ Petition (Civil) No. 301 of 2000
Health Topics: Health care and health services, Health information, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination
Facts:

In 1996, the government of India had passed the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1995 (the “PNDT Act”) which was aimed at preventing the misuse of sex determination technology to abort girl children before birth.  Female feticide had become an increasingly frequent practice in India despite the implementations of reforms that attempted …Read more

Tags: Abortion, Advertising, Awareness, Family planning, Health care technology, Health education, Sex-selective abortion, Termination of pregnancy, Testing, Violence against women
Download Judgment: English

Díaz, Brígida v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación]
Citation: D.2031.XXXVIII
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health
Facts:

Brigida Díaz was told by her doctors that she urgently needed surgical intervention to replace her pacemaker. Her original pacemaker had been covered by a social welfare scheme, and she had used these funds to replace it once. However, by the time she was told that her pacemaker needed to be replaced a second time, …Read more

Tags: Access to health care, Access to treatment, Health care technology, Heart disease, Indigent, Low income, Out-of-pocket expenditures, Poor, Reimbursement, Social security, Subsidies, Underprivileged
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Sentges v. Netherlands

Country: Netherlands
Year: 2003
Court: European Court of Human Rights
Citation: Application No. 27677/02
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to privacy
Facts:

S, a Netherlands national, was born in 1986. S suffered from Duchenne Muscular Dystrophy (DMD), a disease characterized by progressive muscle degeneration, loss of the ability to walk and often the loss of lung or cardiac functions. S was unable to stand, walk, or lift his arms and his manual and digital functions were virtually …Read more

Tags: Access to health care, Handicapped, Health care technology, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Physically challenged
Download Judgment: English

Zheng Xuefeng and Chen Guoqing v . People’ s Hospital of Jiangsu Province [郑雪峰、陈国青诉江苏省人民医院医疗服务合同纠纷案)]

Country: China
Year: 2003
Court: Intermediate People’s Court of Nanjing City [中华人民共和国江苏省南京市中级人民法院]
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The Plaintiffs Zhen Xuefeng and Chen Guoqing were a married couple seeking a fertility treatment. They signed a contract regarding such assisted reproduction with defendant People’s hospital of Jiangsu Province (“People’s hospital”). The contract did not specify which of two fertilization techniques (Intra-Cytoplasmic Sperm Injection (“ICSI”) or In Vitro Fertilization (“IVF”)) would be used, however …Read more

Tags: Assisted reproductive technology, Compensation, Damages, Emergency care, Fertility, Health care technology, In utero fertilization, In vitro fertilization, Inappropriate treatment, Infertility, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Public hospitals, Remedies, Unauthorized treatment
Download Judgment: English Chinese

Case 00-14564

Country: France
Year: 2001
Court: Cour de cassation [Court of Cassation]
Citation: Cass. civ I, n°00-14564, 9 October 2001
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to health
Facts:

A doctor, Y, was treating Mrs. X during her pregnancy. Y suspected a breech presentation (buttocks- or feet-first presentation rather than the normal head-first presentation) during the 8th month of pregnancy. The mother wanted a home birth. On 12 January, the child was born in a home birth and as a result of inadequate medical …Read more

Tags: Awareness, Caesarean, Child development, Children, Disabled, Emergency care, Handicapped, Health care technology, Inadequate treatment, Inappropriate treatment, Informed choice, Minor, Non-evidence based treatment, Patient choice, Pediatric health, Standard of care
Download Judgment: French