210 judgments found.

Case AI 840928/SP

Country: Brazil
Year: 2011
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: AI 840928/SP,
Health Topics: Health care and health services
Human Rights: Right to health, Right to social security
Facts:

The State of São Paulo filed an interlocutory appeal against the decision of the lower court (Tribunal de Justicia del Estado de São Paulo) that recognized the Public Prosecutor’s Office as a legitimate party to bring civil actions to protect “unavailable individual interests.” The state argued that the decision contravened articles 129 (institutional functions of the …Read more

Tags: Access to health care, Health regulation, Low income, Poor, Social security
Download Judgment: English Portuguese

Pliva v. Mensing

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 2567 (2011)
Health Topics: Health information, Health systems and financing, Medicines
Facts:

Metoclopramide is a drug commonly used to treat digestive tract problems such as diabetic gastroparesis and gastroesophageal reflux disorder. In 1980, the Food and Drug Administration (FDA) first approved metoclopramide tablets under the brand name Reglan. Generic manufacturers also began producing metoclopramide five years later. Over its usage history, evidence accumulated that long-term metoclopramide use …Read more

Tags: Disclosure, Drug quality, Drug safety, Generic drugs, Health regulation, Labeling, Non-disclosure
Download Judgment: English

R.R. v. Poland

Country: Poland
Year: 2011
Court: European Court of Human Rights
Citation: App. No. 27617/04, Eur. Ct. H.R. Rep. 648 (2011).
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to privacy
Facts:

The applicant Ms. R.R., a Polish citizen, brought an action against the then Malopolska Regional Medical Insurance Fund and Dr. S.B. for failure to perform timely prenatal examinations and allow her the possibility of deciding whether to terminate her pregnancy with the conditions provided by law for the malformation of her child (Turner syndrome). The …Read more

Tags: Abortion, Access to health care, Access to treatment, Criminalization, Cruel treatment, Degrading treatment, Family planning, Genetic disease, Health care technology, Health funding, Health regulation, Inhuman treatment, Out-of-pocket expenditures, Private hospitals, Public hospitals, Termination of pregnancy, Testing, Torture
Download Judgment: English Polish

A, B and C v. Ireland

Country: Ireland
Year: 2010
Court: European Court of Human Rights
Citation: A, B, and C v. Ir., App. No. 25579/05, Eur. Ct. H.R. 2032 (2010).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy
Facts:

Three applicants, two Irish nationals and one Lithuanian national, travelled to the United Kingdom in 2005 to have an abortion, each applicant believing they were not entitled to an abortion in Ireland. The first applicant decided to have an abortion to avoid jeopardizing her chances of reuniting her four previous children who were in foster …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to drugs, Access to health care, Access to medicines, Access to treatment, Awareness, Cancer, Criminalization, Degrading treatment, Depression, Family planning, Freedom of information, Health care professionals, Health care workers, Health education, Health regulation, Humiliating treatment, Noncommunicable diseases, Pregnancy, Suicide, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

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

Country: New Zealand
Year: 2010
Court: Court of Appeal
Citation: [2011] NZCA 246
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to life, Right to privacy
Facts:

This case is an appeal from the High Court. An appeal from this case was dismissed by the Supreme Court in [2012] NZSC 68. A cross-appeal was filed by the respondent, the Right to Life New Zealand Inc (RTL), which asserted the lower court erred by finding the unborn child had no right to life and …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Clinics, Conscientious objection, Counseling, Diagnostics, Health care professionals, Health care workers, Health facilities, Health records, Health regulation, Medical records, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Cambie Surgeries Corp. v. British Columbia (Medical Services Commission)

Country: Canada
Year: 2010
Court: Court of Appeal for British Columbia
Citation: 2010 BCCA 396
Health Topics: Health systems and financing
Facts:

In British Columbia (“BC”), the Medical Protections Act (“MPA”) prevents physicians who have opted out of BC’s public health care scheme from charging patients more than the amount charged for services under the public fee schedule. The Cambie Surgeries Corporation (“Cambie”) faced complaints of overbilling patients and “double dipping” – billing both the patient and …Read more

Tags: Health expenditures, Health funding, Health insurance, Health regulation, Out-of-pocket expenditures, Reimbursement
Download Judgment: English

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 2010-060

Country: Belgium
Year: 2010
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4742. C. C., n°2010-060, 27 May 2010
Health Topics: Health systems and financing, Hospitals
Human Rights: Right to work
Facts:

Six applicants brought forth a plea challenging the constitutionality of Article 50 of a 2008 law concerning diverse healthcare matters. The applicants sought to annul the modified “reference amounts” system introduced by Article 50. Three of the applicants, the Groupement des Unions professionelles belges de Médecins specialistes, the Association Belge des Syndicats Médicaux, and the …Read more

Tags: Budget, Health expenditures, Health facilities, Health regulation, Health spending, Public hospitals
Download Judgment: French Flemish

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
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