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148 judgments found.

Case 185645, 185675, 185693, 185695

Country: France
Year: 1998
Court: Conseil D'Etat [Council of State]
Citation: C.E., n°185645, 185675, 185693, 185695, 27 April 1998
Health Topics: Health systems and financing
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to privacy
Facts:

French government issued a decree on 19 December 1996 which, according to article L.162-5-3 of the Social Security Code, requires doctors to pay back social security payment if they do not meet their expected health expenses. Doctors’ trade unions challenged this decree, on the ground that it creates a sanction towards doctors whereas they are …Read more

Tags: Health insurance, Health regulation, Health spending, Low income, Reimbursement, Social security, Subsidies, Underprivileged
Download Judgment: French

Case SU-225/98

Country: Colombia
Year: 1998
Court: Constitutional Court
Health Topics: Child and adolescent health, Health systems and financing, Infectious diseases, Medicines, Poverty, Water, sanitation and hygiene
Human Rights: Right to health, Right to life, Right to social security
Facts:

Through a representative, 418 parents, inhabitants of the sector of Puenta Aranda in Bogota, filed a tutela against the national and district health authorities alleging that the authorities’ failure to provide a free vaccination program against meningitis violated the duty to protect the health of their children. The Plaintiffs were poor, worked in the informal …Read more

Tags: Access to medicines, Child development, Children, Cleanliness, Health funding, Health spending, Immunization, Indigent, Infant health, Infant mortality, Informal economy, Low income, Meningitis, Minor, Out-of-pocket expenditures, Pediatric health, Poor, Social security, Subsidies, Underprivileged, Vaccination, Vaccines
Download Judgment: English Spanish

Meenakshi Pharma Distributors v. State of Karnataka and Others

Country: India
Year: 1998
Court: High Court - Karnataka
Citation: 1999 (2) KarLJ 164
Health Topics: Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Appellant, Meenakshi Pharma Distributors, had conducted various transactions with the authorities of the State of Karnataka for the sale of drugs. The contract stipulated that “if the payment is delayed beyond the period of 30 days, interest shall be payable at the rate of 15 per cent.” However, the trial court reduced the rate …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Budget, Essential medicines, Health expenditures, Health funding, Health spending, Indigent, Pharmaceuticals, Poor, Subsidies, Underprivileged
Download Judgment: English

B and Others v. Minister of Correctional Services and Others

Country: South Africa
Year: 1997
Court: High Court - Cape of Good Hope Provincial Division
Citation: 1997 (4) SA 441 (C); 1997 (6) BCLR 789 (C)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The Applicants were four prisoners living with HIV. They sought an order declaring that prisoners living with HIV who had reached the symptomatic stage of the disease and whose CD4 counts was less than 500 per milliliter of blood were entitled to receive appropriate antiretroviral treatment at the Government’s expense. They noted that Section 35(2)(e) …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Custody, Detention, Essential medicines, First-line treatment, Health expenditures, Health funding, Health spending, HIV, HIV positive, Imprisonment, Incarceration, Inmate, Jail, People living with HIV/AIDS, Pharmaceuticals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

C., C., et al. v. Ministerio de Salud y Acción Social de la Provincia de Buenos Aires

Country: Argentina
Year: 1997
Court: Civil and Commercial Court of Appeals of Bahía Blanca [Cámara de Apelaciones en lo Civil y Comercial de Bahía Blanca, Sala II]
Citation: C., C. y otros c/ Ministerio de Salud y Acción Social de la Provincia de Buenos Aires, C. Civ. y Com., Bahia Blanca, Sala II, LLBA1997, 1122, 2/9/1997 (Arg.).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

Persons living with HIV/AIDS had filed a guarantee of protection of individual constitutional rights (amparo protection) with the the lower court against the Ministry of Health, claiming that their HIV/AIDS medical treatment was willingly suspended, violating their right to health and jeopardizing their right to life. After the filing of the action, the treatment was …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Health expenditures, Health funding, Health spending, HIV, People living with HIV/AIDS, PLHIV
Download Judgment: English Spanish

Case 180838

Country: France
Year: 1997
Court: Conseil d'État (Council of State)
Citation: N° 180838 180839 180867. , 30 April 1997
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
Facts:

The national association for the ethics of liberal medicine (l’Association nationale pour l’éthique de la médecine libérale) requests the annulment of Articles 6, 11, 17, 19 and 20 of the Ordinance of 24 April 1996 on the medical control of health spending using an adjustment mechanism for medical expenses. Articles 17, 19 and 20 institute …Read more

Tags: Access to health care, Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health regulation, Health spending
Download Judgment: French

Case 1997-020

Country: Belgium
Year: 1997
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°19967-020f, 15 April 1997
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination
Facts:

The professional Union of Belgian and International Insurance Companies (“UPEA”) introduced a request to annul articles 24, 4, and 25 (the “impugned provisions”) of the law dated December 20, 1995 (the “contested law”), which pertained to mandatory healthcare and indemnity insurance. UPEA asserted that article 24, 4, of the contested law conferred to certain physician …Read more

Tags: Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Social security, Subsidies
Download Judgment: English French Flemish

Julian, et al. v. New Zealand

Country: New Zealand
Year: 1997
Court: United Nations Human Rights Committee
Citation: Communication No. 601/1994
Health Topics: Disabilities, Health systems and financing
Facts:

Julian (J), a former fighter pilot, and Drake (D), who had become a naturalized New Zealand citizen in 1964, had been incarcerated by Japan during the Second World War in conditions where torture and maltreatment took place regularly. It was claimed that, as a direct consequence of this, they still suffered residual disabilities and incapacities. …Read more

Tags: Differently abled, Disabled, Handicapped, Health expenditures, Health funding, Health spending
Download Judgment: English

R v. Gloucestershire County Council and Anr., ex parte Barry

Country: United Kingdom
Year: 1997
Court: House of Lords
Citation: [1997] 2 All ER 1 (HL); [1997] 2 W.L.R. 459; [1997] A.C. 584
Health Topics: Disabilities, Health systems and financing
Human Rights: Right to health
Facts:

Michael Barry was an 81-year-old man who suffered from a number of disabilities and lived alone within the Gloucestershire County Council (the Council). Barry was originally assessed as requiring a number of home care services, but after budgetary cuts the Council informed Barry that they would no longer be able to perform cleaning and laundry …Read more

Tags: Budget, Disabled, Handicapped, Health expenditures, Health facilities, Health funding, Health insurance, Health spending, Out-of-pocket expenditures, Subsidies
Download Judgment: English

Soobramoney v. Minister of Health

Country: South Africa
Year: 1997
Court: Constitutional Court
Citation: [1997] ZACC 17; 1998 (1) SA 765 (CC); 1997 (12) BCLR 1696
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
Facts:

The appellant was a 41-year old, unemployed, diabetic man who suffered from ischaemic heart disease, cerebro-vascular disease, and renal failure. His condition was chronic and irreversible. In order to continue address this condition and prolong his life, he required regular renal dialysis treatment. The appellant had made all efforts to continue treatment privately, but was …Read more

Tags: Access to treatment, Budget, Diabetes, Health care technology, Health expenditures, Health funding, Health spending, Heart disease, Indigent, Low income, Noncommunicable diseases, Poor, Secondary care, Stroke
Download Judgment: English