Originally, three individuals living with HIV brought action against Hospital Simón Bolívar and the District’s Secretary of Health for the Hospital’s refusal to provide them with the necessary medications and treatment for their condition upon petitioners’ inability to afford payment of the medications and services. The petitioners claimed violations of their rights to health, life …Read more

Adoptive father of child with cerebral paralysis brought case against the State of Argentina and its dependent agencies to force them to fulfill their obligations under Arts. 3 (second paragraph) and 4 of Law N° 24.901 (subsidized healthcare system) , and Art. 23 of the International Convention on the Rights of the Child (Right of …Read more

The appellant owed the respondent and her daughter a maintenance debt that had accumulated to about 1.25 million New Shekel, having previously failed to pay regular maintenance and child support payments to his wife and daughter.  Being unable to afford this amount as a lump sum, he sought to have the Head of the Execution …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) in the name of her son, who suffered from Kostmann’s disease, a severe bone marrow defect. Because of this disease, the plaintiff’s son was entirely dependent on a medicine called Neutromax 300. From June 1996 to December 1998, the National Bank of Antineoplastic …Read more

Dina Rosa Vieira brought the case against the municipality of Porto Alegre for failing to provide medication for the treatment of AIDS. Vieira was destitute and unable to afford the medication herself. The first instance court ruled in favor of Vieira and ruled that in light of the constitutional principles protecting the right to health …Read more

Mrs. Grootboom and other respondents were homeless and living in appalling conditions. Many had applied for subsidized low-cost housing through the municipality and had been on the waiting list for a period of up to seven years. While waiting for the assignment, they decided to move and illegally live on someone’s private land. Respondents were …Read more

The constitutionality of law n° 99-641 of July 23, 1999 Loi portant création d’une couverture maladie universelle (Act Creating Universal Health Coverage), was challenged in the Conseil Constitutionnel. The Act was structured as follows: Article 1 created universal health insurance, guaranteeing everyone care under a health insurance scheme. Low income earners were given the right …Read more

In 1991, representatives of the indigenous Enxet-Lamenxay and Kayleyphapopyet-Riachito communities commenced administrative proceedings against the Government of Paraguay to recover what they claimed was ancestral land that Paraguay had largely sold to foreigners in the years between 1885 and 1950. The petitioners described the land as “their main sustenance came from hunting, fishing, and gathering.” The …Read more

Five youths, three of whom were minors, were “street children” abducted, tortured, and killed by State security agents.  The children lived in a sector of the city where violence and crime rate were high and where State officials commit illegal acts against “street children,” including “threats, arrests, cruel, inhuman and degrading treatment and homicides as …Read more

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