40 judgments found.

Asociación de Esclerosis Múltiple de Salta v. Ministerio de Salud – Estado Nacional

Country: Argentina
Year: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 891. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
Facts:

The 939/00 Obligatory Medical Program provided medication to persons suffering from multiple sclerosis and isolated demyelinating syndrome, a precondition of multiple sclerosis. The National Ministry of Health passed a resolution to amend this program. The resolution had the effect of excluding from the program all isolated demyelinating syndrome sufferers and any multiple sclerosis sufferers who had …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Drug safety, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Neurological diseases, Social security, Subsidies
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International Association Autism Europe v. France

Country: France
Year: 2003
Court: The European Committee of Social Rights
Citation: Case No. 13/2002
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to education
Facts:

The complainant alleged that France is failing to adhere to its obligations under the European Social Charters. They stated that children and young adults did not have adequate access to educational services. Further, it was alleged that the provisions for early intervention, teacher training, funding and accessibility of mainstream education was insufficient. It was also …Read more

Tags: Budget, Child development, Disabilities, Disabled, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Minor, Neurological diseases, Social security
Download Judgment: English

Re BWV, ex parte Gardner

Country: Australia
Year: 2003
Court: Supreme Court of Victoria
Citation: (2003) 7 VR 487
Health Topics: Aging, Chronic and noncommunicable diseases, Controlled substances, Diet and nutrition, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to life
Facts:

This case was brought by the Public Advocate of Victoria as limited guardian of BWV, a woman aged 68 years, suffering from a fatal form of dementia (most likely Pick’s disease). At the time of bringing the case, BWV had not appeared conscious, nor had she had any cortical activity for approximately three years. Evidence …Read more

Tags: Aged persons, Elderly, Food, Forced treatment, Incompetence, Involuntary treatment, Long-term care, Mandatory treatment, Mental competence, Neurological diseases, Non-consensual testing and treatment, Older persons, Palliative care, Patient choice, Senior citizens
Download Judgment: English

Nitecki v. Poland

Country: Poland
Year: 2002
Court: European Court of Human Rights
Citation: Application No. 65653/01
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

Applicant Mr. Zdzislaw Nitecki was a Polish national diagnosed with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, in 1976. In June 1999, he was prescribed the drug Rilutek to treat his ALS. He appealed to the Kujawsko-Pomorski Health Insurance Fund (“Fund”) to reimburse his out-of-pocket costs, noting that, as a pensioner, he …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Budget, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Low income, Neurological diseases, Noncommunicable diseases, Out-of-pocket expenditures, Pharmaceuticals, Poor, Pricing, Reimbursement, Subsidies, Underprivileged
Download Judgment: English

Orlando, Susana Beatriz v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: O. 59. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Medicines, Poverty
Human Rights: Right to health
Facts:

A 55-year-old woman suffering from multiple sclerosis brought case against the Government of Argentina and the Province of Buenos Aires for acts and omissions that prevented the provision of the medications necessary for her condition that she could not afford. The petitioner’s illness did not fall within the provincial government’s jurisdiction for coverage. Therefore, the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Blind, Disabilities, Handicapped, Low income, Neurological diseases, Poor, Underprivileged
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Pretty v. United Kingdom

Country: United Kingdom
Year: 2002
Court: European Court of Human Rights
Citation: App. No. 2346/02, 35 Eur. H.R. Rep. 1 (2002).
Health Topics: Chronic and noncommunicable diseases, Health care and health services
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to bodily integrity, Right to life, Right to privacy
Facts:

Applicant, a U.K. national, alleged that English law violated her rights under Articles 2 (right to life), 3 (freedom from torture or to inhuman or degrading treatment or punishment), 8 (right to respect for his private and family life) and 9 (right to freedom of thought, conscience and religion) of the European Convention on Human …Read more

Tags: Cruel treatment, Degrading treatment, Inhuman treatment, Neurological diseases, Noncommunicable diseases, Torture
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Joined Cases of Geraets-Smits and Peerboom

Country: Netherlands
Year: 2001
Court: European Court of Justice
Citation: C-157/99
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom of movement and residence, Right to social security
Facts:

In the Netherlands, the sickness insurance scheme was based principally on the Law on Sickness Funds (the “ZFW”), the Law on General Insurance for Special Sickness Costs and the Law on Access to Sickness Insurance. Such insurance scheme required prior authorization for treatment which was not carried out by a contracted provider; almost all contracted …Read more

Tags: Access to health care, Access to treatment, Diagnostics, Emergency care, Examination, Health insurance, Health regulation, Neurological diseases, Reimbursement
Download Judgment: English

R (on the application of Pretty) v. Director of Public Prosecutions

Country: United Kingdom
Year: 2001
Court: House of Lords
Citation: [2001] UKHL 61; [2002] 1 All ER 1
Health Topics: Chronic and noncommunicable diseases, Health care and health services
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to life, Right to privacy
Facts:

The applicant, a U.K. national, alleged that section 2(1) of the Suicide Act 1961, which contained an offence of aiding and abetting suicide under English law, violated her rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention), in particular Articles 2 (right to life), 3 (freedom from torture …Read more

Tags: Cruel treatment, Degrading treatment, Inhuman treatment, Neurological diseases, Noncommunicable diseases, Suicide, Torture
Download Judgment: English

R v. Parker

Country: Canada
Year: 2000
Court: Ontario Court of Appeal
Citation: [2000] OJ No. 2787, 135 OAC 1
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Hospitals, Informed consent, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

Terrance Parker suffered from severe epilepsy since he was a young child. He could substantially reduce the incidence of seizures by smoking marihuana, but he had no legal source of marihuana. Parker was charged with cultivating marihuana under the Narcotic Control Act and with possession of marihuana under the new Controlled Drugs and Substances Act. …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Alternative medicine, Clinical testing, Clinical trials, Criminalization, Drug enforcement, Drug safety, Drug use, Epilepsy, Experimental treatment, Harm reduction, Manufacturing, Marijuana, Neurological diseases, Patient choice, People who use drugs
Download Judgment: English

Lowns v. Woods; Procopis v. Woods

Country: Australia
Year: 1996
Court: Supreme Court of New South Wales
Citation: [1996] Aust Torts Reports 81
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health information, Medical malpractice, Medicines
Facts:

The plaintiff is the father of a child who suffered from seizures and who received brain damage due to a particular seizure. During that particular seizure, the mother had sent another child to call the local doctor, one of the defendants, who did not come. As New Zealand imposes a statutory duty on doctors to …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Compensation, Damages, Duty of care, Emergency care, Inadequate treatment, Minor, Negligence, Neurological diseases, Pediatric health, Remedies, Standard of care, Tort
Download Judgment: English
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