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148 judgments found.

Waldman v. The Medical Services Commission of British Columbia, et al.

Country: Canada
Year: 1997
Court: Supreme Court of British Columbia
Citation: [1997] B.C.J. No. 1793, 150 D.L.R. (4th) 405, [1998] 5 W.W.R. 9.
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to liberty and security of person, Right to work
Facts:

Three doctors challenged the Medical Services Commission of British Columbia’s (“the Commission’s”) variable fee-for-service rates, which were based on province of residence and physician seniority. In 1994, the Commission enacted interim measures under which new billers (medical practitioners who applied to the Commission after February 11, 1994) were issued restricted billing numbers. New billers were …Read more

Tags: Budget, Health care professionals, Health expenditures, Health funding, Health insurance, Health regulation, Health spending
Download Judgment: English

Case 1316B/1995

Country: Hungary
Year: 1996
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health
Facts:

A petition was filed challenging the constitutionality of Section 24 Paragraph 4 of Government Decree 103/1995 (VIII. 25.) on Certain Issues of Social Security Funding of Health Care and its Annex No. 6. It was argued that as a result of these provisions, equal in patient care as a constitutional right, was violated. Financing was …Read more

Tags: Access to health care, Budget, Health expenditures, Health facilities, Health funding, Health insurance, Health spending, Public hospitals, Secondary care, Subsidies
Download Judgment: English

Macedonian Trade Union Association to the Constitutional Court

Country: Macedonia
Year: 1996
Court: Constitutional Court
Citation: 23/1996-0-0
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

The Macedonian Trade Union Association and the Trade Union of Construction, Construction Material Industry and Design of the Republic of Macedonia challenged the constitutionality of Articles 11, 16 paragraph 3 and 203-a of the Law on amending and supplementing the Law on Health Care (“the Law”). Article 11 of the Law required insured workers to …Read more

Tags: Access to health care, Employment, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Primary care, Social security
Download Judgment: English Macedonian

The Belgian Professional Association of Urologists, et al. v. The Council of Ministers

Country: Belgium
Year: 1996
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1996-037f, 13 June 1996
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
Facts:

Article 21 of the law dated December 21, 1994 (“article 21”) changed mandatory insurance payments so as to not grant fees (or, in certain cases, to grant lesser fees) to urologists or other non-radiologists specialists for diagnostic medical imagery services. However, fees remained payable to radiologists for those same services. The Belgian Professional Association of Urologists …Read more

Tags: Diagnostics, Examination, Health care professionals, Health care technology, Health care workers, Health data, Health expenditures, Health insurance, Health regulation, Health spending, Social security
Download Judgment: English French Flemish

Case 56/1995 (IX.15.) AB

Country: Hungary
Year: 1995
Court: Constitutional Court
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to property
Facts:

Petitioners challenged several amendments to statutes regulating employee benefit entitlements, which were inexorably connected to their social security entitlements under Hungary’s “mixed system” of social security (insurance and solidarity). The challenged amendments (1) provided that an employee was entitled to 25 sick days per year, for 5 of which she was not entitled to remuneration, …Read more

Tags: Employment, Health expenditures, Health funding, Health insurance, Health spending, Out-of-pocket expenditures, Social security, Subsidies
Download Judgment: English

R v. Cambridge Health Authority, ex parte Beckwith

Country: United Kingdom
Year: 1995
Court: Court of Appeal, Civil Division
Citation: [1995] 2 All ER 129 (CA); [1995] EWCA Civ 49
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Informed consent, Medicines
Human Rights: Right to health, Right to life
Facts:

The child “B” had a long history of unsuccessful treatments fo her cancer. In January 1995,  B suffered a further relapse of acute myeloid leukaemia. Both the doctor who oversaw B’s treatment since the initial diagnosis and the doctor who performed a prior bone marrow transplant agreed that the child had approximately six to eight …Read more

Tags: Access to treatment, Budget, Cancer, Children, Experimental treatment, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health insurance, Health spending, Leukemia, Minor, Noncommunicable diseases, Patient choice, Pediatric health, Private hospitals, Public hospitals, Second-line treatment, Subsidies, Tertiary care
Download Judgment: English

Case 537B/1994

Country: Hungary
Year: 1994
Court: Alkotmánybíróság (Constitutional Court)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
Facts:

Petitioner challenged the constitutionality of a portion of a decree covering the financing of health services, which included a “professional” factor in determining the amount of funding for local governments. This provided more funding for doctors with higher skills, as opposed to merely the number of years spent as a public servant or the number …Read more

Tags: Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health spending, Primary care, Secondary care
Download Judgment: English Hungarian

Case 430-93

Country: Guatemala
Year: 1993
Court: Constitutional Court (constituted into an extraordinary amparo tribunal)
Citation: Corte Constitucional de Guatemala, Causa No. 430 – 93, Gaceta de Jurisprudencia No. 31
Health Topics: Health systems and financing
Human Rights: Right to health
Facts:

This case was a constitutional writ for the protection of human rights (amparo), which the petitioner sought because the Government had issued a series of agreements (Governmental Agreements 118-93 and 120 – 93) through which the Ministry of Public Health and Social Assistance was stripped of a part of its budget, in order to pay …Read more

Tags: Budget, Health expenditures, Health funding, Health spending
Download Judgment: English Spanish

Case 00280

Country: Costa Rica
Year: 1992
Court: Corte Suprema de Justicia de Costa Rica [Costa Rica Supreme Court]
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 07 de Febrero 1992, Sentencia 00280, Expediente: 90-001401-0007-CO (1992) (Costa Rica).
Health Topics: Disasters and emergencies, Health care and health services, Infectious diseases, Medicines
Human Rights: Right to health
Facts:

Petitioner brought an action against the Social Security Service of Costa Rica, asserting that the institution arbitrarily stopped providing patients with pharmaceuticals for the treatment of HIV/AIDS, in violation of petitioner’s constitutional right to health. The petitioner sought the recognition of an obligation on the part of the Social Security Service of Costa Rica to …Read more

Tags: Access to medicines, AIDS, Health expenditures, Health funding, Health spending, HIV, People living with HIV/AIDS
Download Judgment: English Spanish

Case T-484/92

Country: Colombia
Year: 1992
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

The Petitioner, a Colombian national living with HIV, filed an appeal for legal protection against the Colombian Social Security Institute. The Petitioner claimed that his right to medical services was threatened when a doctor at the Cali Social Security Institute informed him that his treatment would cease in 30 days. However, medical directors at the …Read more

Tags: Access to treatment, AIDS, Health expenditures, Health funding, Health spending, Indigent, Low income, People living with HIV/AIDS, PLHIV, Poor, Social security, Underprivileged
Download Judgment: English Spanish