167 judgments found.

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 2010-2 QPC

Country: France
Year: 2010
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2010-2 QPC, June 11th 2010
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to social security
Facts:

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

Tags: Abortion, Abortion counseling, Access to health care, Children, Compensation, Disabled, Handicapped, Health insurance, Health regulation, Infant health, Minor, Misdiagnosis, Therapeutic abortion
Download Judgment: English French German Italian Spanish

Case 2605-2009

Country: Guatemala
Year: 2010
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 2605-2009, January 5, 2010
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to due process/fair trial, Right to health, Right to life, Right to social security
Facts:

This case was an appeal of a constitutional protection (amparo) action before the Constitutional Court filed by the Public Defender of Human Rights, acting on behalf of Luisa Fernanda Morales Tumax, against the Board of Directors of the Guatemalan Institute of Social Security. The patient, a minor, received a kidney transplant in 2000, when she …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Children, Clinics, Health insurance, Health regulation, Kidney disease, Minor, Pediatric health, Public hospitals, Social security
Download Judgment: English Spanish

Case 4111-2009

Country: Guatemala
Year: 2010
Court: Constitutional Court [Corte Constitucional]
Citation: Corte Constitucional Case No. 4111-2009, January 28, 2010.
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to social security
Facts:

This case was an appeal of a constitutional protection (amparo) action before the Constitutional Court filed by the Public Defender of Human Rights, acting on behalf of Maritza Ninnette Cuellar Morales, against the Board of Directors of the Guatemalan Social Security Administration. The Board denied the claimant medical coverage for her spinal condition, based on …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Disabled, Health insurance, Health regulation, Public hospitals, Reimbursement, Social security
Download Judgment: English Spanish

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 A42561808

Country: Latvia
Year: 2010
Court: Supreme Court
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines
Facts:

G.Z., the applicant, was diagnosed with type 1 Gaucher’s disease. The only treatment is a medication, Imiglucerase, which was not in the list of the State Reimbursed Medicines but is on the European Medicines Agency list of registered medicines. G.Z. brought a claim to fully compensate the purchase costs (LVL 81,900) of the medication against …Read more

Tags: Access to drugs, Access to medicines, Essential medicines, Health expenditures, Health insurance, Health spending, Out-of-pocket expenditures, Reimbursement
Download Judgment: English

Case III SA/Kr 148/10

Country: Poland
Year: 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
Facts:

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

Tags: Access to health care, Employment, Health insurance, Health regulation
Download Judgment: English Polish

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

Centrale Raad van Beroep [Central Appeals Tribunal], 20 October 2010, LJN:BO3581

Country: Netherlands
Year: 2010
Court: Central Administrative Tribunal
Citation: Centrale Raad van Beroep, 20 October 2010, LJN BO3581, 09/365 AWBZ & 09/3626 AWBZ
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Mental health
Human Rights: Right to education, Right to privacy, Right to social security
Facts:

A., a boy born in the Netherlands to a Nigerian immigrant mother, was diagnosed with an autistic disorder and an intellectual deficiency. As a result, A. required counseling programs as a supplement to traditional schooling by the Dutch Care Needs Assessment Centre (“CAC”). A. made a request for a residence permit under the Dutch Aliens …Read more

Tags: Child development, Children, Counseling, Health insurance, Immigration, Mental disability, Mental retardation, Migrants, Minor
Download Judgment: English Dutch
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