210 judgments found.

Thompson, et al. v. Ontario

Country: Canada
Year: 2013
Court: Ontario Superior Court of Justice
Citation: 2013 ONSC 5392
Health Topics: Health care and health services, Health systems and financing, Mental health, Public safety
Human Rights: Freedom from discrimination, Right to life
Facts:

The Court examined the constitutionality of Brian’s Law, which was passed in 2000 after a man named Brian Smith was fatally shot by an untreated schizophrenic. The law included expanded committal criteria and allowed for involuntary admission for individuals who had experienced “substantial mental deterioration,”even if they were not necessarily a danger to others. In …Read more

Tags: Community-based care, Compulsory commitment, Compulsory confinement, Examination, Health regulation, Incapacity, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Psychiatry, Schizophrenia, Threat of violence
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

Minister of Health and Social Services v. Medical Association of Namibia

Country: Namibia
Year: 2012
Court: Supreme Court
Citation: [2012] NASC 7; SA 13/2010 and 21/2010
Health Topics: Health systems and financing, Medicines
Facts:

The Minister of Health and Social Services issued regulations for the Medicines Act that created a licensing scheme for medical practitioners to be able to continue to dispense certain medicine. It also established a three-month transitional grace period, where medical practitioners already dispensing medicine could apply for the license and continue dispensing medicine while their …Read more

Tags: Access to drugs, Access to medicines, Health care professionals, Health care workers, Health regulation, Pharmaceuticals
Download Judgment: English

National Federation of Independent Business v. Sebelius

Country: United States
Year: 2012
Court: Supreme Court
Citation: 132 S. Ct. 2566 (2012)
Health Topics: Health care and health services, Health systems and financing, Poverty
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to property
Facts:

After significant political struggles, the US Congress enacted the Patient Protection and Affordable Care Act in 2010. This act had two components, 1) it obligated individuals to maintain “‘minimum essential’ health insurance coverage” through an individual mandate, 2) it contained an expansion of the federal Medicaid program that is run by US states. The constitutionality …Read more

Tags: Access to health care, Access to treatment, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Indigent, Low income, Poor
Download Judgment: English

Panaitescu v. Romania

Country: Romania
Year: 2012
Court: The European Court of Human Rights
Citation: ECHR 152 (2012)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

The son of the former applicant continued the application after his death. The applicant’s father was diagnosed with cancer in 2005 and had a surgery for removal of a tumour from his kidney. He was first suggested vitamins and saline solution. Later on, when he went to an oncology institute, he was recommended two drugs. …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Cancer, Clinics, Experimental treatment, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Private hospitals, Public hospitals, Reimbursement, Subsidies
Download Judgment: English

Right to Life New Zealand Inc. v. Abortion Supervisory Committee

Country: New Zealand
Year: 2012
Court: Supreme Court
Citation: [2012] NZSC 68
Health Topics: Health care and health services, Health information, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

This case is an appeal from the Court of Appeal’s decision of [2011] NZCA 246.  Under the Contraception, Sterlisation and Abortion Act 1997 (the Act), a woman in New Zealand is eligible for an abortion if two certifying consultants agree the pregnancy will seriously harm that woman’s physical or mental health.  The Abortion Supervisory Committee (the …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Confidentiality, Counseling, Health care professionals, Health care workers, Health records, Health regulation, Maternal health, Medical records, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Case 12/PUU-VIII/2010

Country: Indonesia
Year: 2011
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Right to a clean environment, Right to health, Right to housing
Facts:

The Plaintiffs were nurses and heads of rural health centers in the East Kalimantan Province of Indonesia. They challenged two provisions of Law No. 36 of 2009 Concerning Health. These were Article 108(1), which allowed only certain “health workers” to prescribe and distribute medicines, and Article 190(1), which made it an offence for workers in …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Alternative medicine, Drug quality, Drug safety, Drug testing, Emergency care, Health care professionals, Health care workers, Health facilities, Health regulation, Pharmaceuticals, Primary care, Traditional medicine
Download Judgment: English Indonesian

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 393/2011

Country: Uruguay
Year: 2011
Court: Second Chamber of the Court of Civil Appeals [Tribunal de Apelaciones en lo Civil de Segundo Turno]
Citation: Decision No. 393/2011, 2nd Chamber of the Court of Civil Appeals, Montevideo, December 21, 2011.
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines
Human Rights: Right to health
Facts:

This case was an appeal brought by the National Monetary Fund (“FNR”, for its initials in Spanish) in a protection action before the Second Chamber of the Court of Civil Appeals. The action was brought against Resolution No. 67, which had found for the claimant, determining that coverage for the drug “NEXAVAR-DROGA SORAFENIB”, should be …Read more

Tags: Access to drugs, Access to medicines, Cancer, Health regulation, Liver disease, Non-communicable diseases, Out-of-pocket expenditures, Pharmaceuticals, Reimbursement, 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
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