148 judgments found.

Ombudsperson of the Republic of Macedonia to the Constitutional Court

Country: Macedonia
Year: 2007
Court: Constitutional Court
Citation: 45/2006-0-0
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The Ombudsperson of the Republic of Macedonia (the Ombudsperson) challenged a provision from the Law on Amending and Supplementing the Law on Health Insurance (the Law). The Law provided that insurees would have a right to basic health services from health facilities that had concluded a contract with the Health Insurance Fund (the Fund), but …Read more

Tags: Access to health care, Access to treatment, Budget, Health facilities, Health funding, Health insurance, Health spending, Out-of-pocket expenditures, Primary care, Reimbursement, Secondary care, Tertiary care
Download Judgment: English Macedonian

Trevethick v. Ministry of Health (Decision No. 1)

Country: New Zealand
Year: 2007
Court: Human Rights Review Tribunal
Citation: [2007] NZHRRT 7
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
Facts:

This case concerned whether there was unlawful discrimination under New Zealand’s Human Rights Act (1993) (“HRA”), where legislation provided financial support for a disability arising from an accident, but not for a disability arising from a degenerative process or the manifestation of a disease. Ms. Trevethicks (Plaintiff) suffered from multiple sclerosis. She could only drive …Read more

Tags: Disabled, Health expenditures, Health funding, Health spending, Neurological diseases, Noncommunicable diseases, Out-of-pocket expenditures, Physically challenged, Reimbursement, Social security, Subsidies
Download Judgment: English

Afdeling Bestuursrechtspraak van de Raad van State [Administrative Jurisdiction of the Council of State], 11 October 2006, nr200600633/1, LJN:AY9897

Country: Netherlands
Year: 2006
Court: Afdeling bestuursrechtspraak van de Raad van State (Administrative Jurisdiction Department of the Council of State)
Citation: 11 October 2006, nr200600633/1, LJN:AY9897
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Medicines, Public safety, Sexual and reproductive health
Facts:

According to the Benefit Entitlement Act (“BEA”), health care providers who offer medically necessary care to illegal immigrants must be compensated for their expenses. To achieve this, the BEA increased the budget of the Ministry of Health, Welfare and Sports (“the Ministry”). Instead of managing the compensation fund itself, the Ministry appointed the Foundation Koppeling …Read more

Tags: Access to health care, Access to treatment, Asylum, Childbirth, Emergency care, Health expenditures, Health funding, Health spending, Immigrants, Immigration, Indigent, Pediatric health, Poor, Pregnancy, Refugees, Reimbursement, Subsidies, Threat of violence, Underprivileged, Vaccination
Download Judgment: English Dutch

Association pour l’acces a l’avortement v. Quebec (Procureur general)

Country: Canada
Year: 2006
Court: Cour Supérieure du Québec (Quebec Superior Court)
Citation: 2006 Q.C.C.S. 4694
Health Topics: Health systems and financing, Hospitals, Sexual and reproductive health
Facts:

This case is a class action against the Quebec government aimed at obtaining a reimbursement for voluntary terminations of pregnancy services obtained in private clinics. After the 1988 landmark case of R v Morgentaler found a right to elective abortion, the Ministry of Health had been slow in developing ministerial guidance on family planning. At …Read more

Tags: Abortion, Budget, Clinics, Health expenditures, Health insurance, Health spending, Out-of-pocket expenditures, Reimbursement, Termination of pregnancy
Download Judgment: English French

Case 3015/2006

Country: Spain
Year: 2006
Court: Supreme Court
Citation: STS 3015/2006
Health Topics: Health systems and financing, Infectious diseases, Medicines
Human Rights: Right to health
Facts:

Appellant alleged that a resolution issued by the General Directorate of Pharmacy and Chemical Products (GDPCP) violated provisions in Spain’s Law of Medicines and General Law of Health by restricting the distribution of the pharmaceutical Rebetol for reasons other than objective reasons of health. When new pharmaceutical drugs were developed in Spain, owners of the …Read more

Tags: Access to drugs, Access to medicines, Essential medicines, Health insurance, Health regulation, Health spending, Hepatitis, Pharmaceuticals, Pricing, Social security, Subsidies
Download Judgment: English Spanish

Case 572 (T.D.Z. Case)

Country: Bulgaria
Year: 2006
Court: Sofia City Court
Citation: Sofia CC 2006 - Decision No. 572. 1st instance of T.D.Z. Case
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to health
Facts:

T.D.Z. suffered from cancer and was prescribed an active treatment in 1998, which obtained good results. In 2002, T.D.Z. required chemical injections in order to induce binding menopause after which she was required to take hormone replacements. The Ministry of Health, however, was unable to provide T.D.Z. with the injections (Zodalex®) for April and May …Read more

Tags: Access to drugs, Access to medicines, Budget, Cancer, Compensation, Cruel treatment, Damages, Depression, Employment, Essential medicines, Health funding, Health regulation, Health spending, Inadequate treatment, Inhuman treatment, Non-pecuniary damage, Out-of-pocket expenditures, Pharmaceuticals, Reimbursement, Social security
Download Judgment: English

Case I A Ca 1266/05

Country: Poland
Year: 2006
Court: Appellate Court - Poznań
Citation: Case File No. I A Ca 1266/05 (May 23, 2006)
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to social security
Facts:

Since 1999, plaintiff Teaching Hospital and defendant National Healthcare Fund entered into contracts that committed the National Healthcare Fund to finance the obstetric pathology services provided by Teaching Hospital. The contracts between the plaintiff and defendant contained a maximum annual amount that the National Healthcare Fund would finance for the subsequent year, however due to …Read more

Tags: Budget, Emergency care, Health expenditures, Health facilities, Health funding, Health insurance, Health spending, Reimbursement, Tertiary care
Download Judgment: English Polish

Covarrubias v Canada (Minister of Citizenship and Immigration)

Country: Canada
Year: 2006
Court: The Federal Court of Appeal
Citation: 2006 FCA 365
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom of movement and residence, Right to health, Right to life
Facts:

The appellants were Mexican citizens who arrived in Canada and made a claim for refugee protection. Before their claim was heard, the male appellant was diagnosed with end-stage renal failure and was immediately put on life-sustaining hemodialysis treatment. The Immigration and Refugee Board (‘Board’) denied their claim for refugee protection. Among other findings, the Board …Read more

Tags: Access to health care, Access to treatment, Budget, Examination, Health care technology, Health expenditures, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Immigrants, Immigration, Indigent, Kidney disease, Low income, Noncommunicable diseases, Out-of-pocket expenditures, Poor, Refugees, Testing, Underprivileged
Download Judgment: English

EN and Others v. Government of RSA and Others (No. 1)

Country: South Africa
Year: 2006
Court: High Court - Durban and Coast Local Division
Citation: 2006 (6) SA 543 (D); 2007 (1) BCLR 84 (D)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Right to health
Facts:

An urgent application was filed on behalf of fifteen prisoners living with HIV/AIDS who required antiretroviral (ARV) treatment while incarcerated at the Westville Correctional Centre (WCC) in KwaZulu-Natal province. The Applicants were acting in their individual capacities and as representatives of the class of prisoners incarcerated at WCC. The sixteenth applicant was the Treatment Action …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