189 judgments found.

Case 1.240

Country: Romania
Year: 2010
Court: Curtea Cnstituţională (Constitutional Court)
Citation: Decision No. 1.240 of 7 October 2007
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health
Facts:

Two merged cases challenged the constitutionality of a law on health sector reform. The law provided care for insured person under the Health Insurance Fund. However, to be an insured person required that the person has paid all dues, including retroactive payments, even if that meant paying for coverage when no services were provided. These …Read more

Tags: Access to health care, Access to treatment, Health expenditures, Health funding, Health insurance
Download Judgment: English Romanian

Case 1.657

Country: Romania
Year: 2010
Court: Constitutional Court [CURTEA CONSTITUŢIONALĂ]
Citation: DECISION No. 1.657 of 28 December 2010
Health Topics: Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

The case was introduced by a group of 54 deputies under Article 146 of the Constitution seeking a constitutionality review of the 2011 State Budget Law. Alleged violations from the 2011 State Budget Law included: (1) the Government submitted the 2011 State Budget law two months later than the deadline mandated in the Constitution for …Read more

Tags: Budget, Health expenditures, Health funding, Health spending, Social security
Download Judgment: English Romanian

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 3-4-1-8-09

Country: Estonia
Year: 2010
Court: Supreme Court
Citation: Constitutional Judgment 3-4-1-8-09, Supreme Court (16 March 2010
Health Topics: Child and adolescent health, Health systems and financing
Facts:

In 2009, the state legislative body passed the 2009 Supplementary Budget Act and Related Acts Amendment Act (“Supplementary Budget Act”), which amended a series of statutes in order to limit the state budget deficit. The Tallinn City Council filed a petition with the Estonian Supreme Court, asking it to declare certain provisions of the Supplementary …Read more

Tags: Budget, Children, Health expenditures, Health funding, Health regulation, Health spending, Social security
Download Judgment: English

Case 838

Country: Romania
Year: 2010
Court: Constitutional Court
Citation: Decision No. 838 of 24 June 2010
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person
Facts:

An explanatory statement challenged certain provisions of the Law No. 95/2006 on the Health Sector Reform (the “Health Law”) and the Governmental Ordinance No. 92/2003 on the Tax Procedure Code (the “Government Ordinance”) as being unconstitutional under the Romanian constitution (the “Constitution). These provisions provided for mandatory social security contributions and “[a]lthough allowing the functioning …Read more

Tags: Health expenditures, Health funding, Health insurance, Health spending, Social security, Subsidies
Download Judgment: English Romanian

Case 857/B/2005 AB

Country: Hungary
Year: 2010
Court: Constitutional Court
Health Topics: Aging, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

Petitioner sought a declaration that a certain provision of a government decree regulating minimum pension amounts was unconstitutional because it (a) regulated a fundamental right which could only be done by statute and (b) provided a social security benefit too low to maintain human dignity, which was guaranteed by the Constitution.

Tags: Aged persons, Budget, Elderly, Health funding, Health insurance, Health regulation, Health spending, Older persons, Out-of-pocket expenditures, Senior citizens, Social security
Download Judgment: English

Case 95

Country: Romania
Year: 2010
Court: National Council for Combating Discrimination
Citation: Decision No. 95 of 9 June 2010
Health Topics: Aging, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
Facts:

The petitioner, the National Council for Combating Discrimination, alleged that Order No. 1352/2009 (the” challenged order”) issued by the Ministry of Health, the defendant, violated the paragraph 1 of Article 1 and Article 10, pt (b) of Governmental Ordinance No. 137/2000, which prevented and sanctioned all forms of discrimination. The petitioner claimed that the challenged …Read more

Tags: Access to health care, Aged persons, Elderly, Health funding, Health regulation, Older persons, Out-of-pocket expenditures, Senior citizens, Social security
Download Judgment: English

Case T-045/10

Country: Colombia
Year: 2010
Court: Constitutional Court of Colombia
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Primera de Revisión febrero 2, 2010, M.P.: María Victoria Calle Correa, Sentencia T-045/10 (Colom.).
Health Topics: Disasters and emergencies, Health care and health services, Mental health, Violence
Human Rights: Freedom from discrimination, Right to health
Facts:

An amparo action (appeal for legal protection) was brought against the Ministry of Social Protection by the Colombian Commission of Jurists (Comisión Colombiana de Juristas) on behalf of three women (Diana Carmenza Redondo, Argénida Torres, and María Romero), who were victims of massacres orchestrated by either paramilitaries or guerrillas, who were thereafter displaced from their communities, …Read more

Tags: Access to health care, Access to treatment, Armed conflict, Counseling, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Diagnostics, Forced displacement, Health expenditures, Health funding, Health regulation, Humiliating treatment, Inhuman treatment, Mental illness, Military, Refugees
Download Judgment: Spanish

Case T-974/10

Country: Colombia
Year: 2010
Court: Constitutional Court
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Séptima de Revisión de Tutelas noviembre 30, 2010, M.P.: Jorge Ignacio Pretelt Chaljub, Sentencia T-974/10 (Colom.).
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Mental health, Poverty
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to education, Right to health
Facts:

The applicant, a Colombian woman, tutela action (appeal for legal protection) on behalf of her daughter against EPS Coomeva, a health care provider in Colombia. The child was diagnosed with cognitive disabilities, which required, according to the Fundación Integrar de Medellín, an institution specialized in the care of patients, that the child receive special education …Read more

Tags: Access to health care, Access to treatment, Child development, Children, Disabled, Health expenditures, Health funding, Health insurance, Low income, Mental retardation, Minor, Out-of-pocket expenditures, Pediatric health, Physically challenged, Poor, Subsidies, Underprivileged
Download Judgment: Spanish