132 judgments found.

Case 2945-2003-AA/TC

Country: Peru
Year: 2004
Court: Constitutional Court
Citation: Sentencia 2945-2003-AA/TC (2004). (Azanca Alhelí Meza García v. Ministry of Health)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The petitioner filed a writ of amparo (appeal for legal protection) against the Ministry of Health of Peru. She sought free administration of comprehensive medical treatment for HIV, including both the continuous delivery of necessary medicines and the performance of periodic CD4 cell count and viral load tests upon medical indication and/or the patient’s urgent …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Essential medicines, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, HIV, HIV positive, Indigent, Low income, Most-at-risk, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Poor, Social security, Testing, Underprivileged
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Case 358-2004

Country: Mexico
Year: 2004
Court: Supreme Court of Justice of the State of Michoacán [Supremo Tribunal de Justicia del Estado de Michoacán]
Citation: No. 358/2004, appeal of criminal process 257/2003
Health Topics: Child and adolescent health, Mental health, Poverty, Sexual and reproductive health, Violence
Human Rights: Right to family life, Right to life
Facts:

O.M. is a Mexican woman who left her newborn son in a garbage can in the municipal headquarters of Santa Clara del Cobre after having given labor in the public restrooms. The woman placed toilet paper on the newborn child’s mouth cavity and nostrils to prevent others from hearing the newborn child cry, cut his …Read more

Tags: Child mortality, Childbirth, Family planning, Incapacity, Incompetence, Indigenous groups, Infant mortality, Insanity, Low income, Poor, Pregnancy, Psychology, Rape, Sexual assault, Sexual violence, Underprivileged, Viability
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NS (Afghan women) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2004
Court: Immigration Appeal Tribunal
Citation: [2004] UKIAT 00328
Health Topics: Health care and health services, Mental health, Poverty, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life
Facts:

An Afghani woman (appellant) seeks asylum in the United Kingdom. The Appellant and her husband lived and worked in Kabul, Afghanistan with their three young children. After war broke out in 1992 and the destruction of the family home, the Appellant and her family left Kabul and moved to Takhar, a town in northern Afghanistan …Read more

Tags: Access to health care, Access to treatment, Assault, Asylum, Indigent, Low income, Mental illness, Poor, Rape, Refugees, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Suicide, Violence against women
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Öneryildiz v. Turkey

Country: Turkey
Year: 2004
Court: European Court of Human Rights
Citation: Application No. 48939/99; (2005) 41 EHRR 20; [2004] ECHR 657; 18 BHRC 145, (2005); [2004] Inquest LR 108
Health Topics: Disasters and emergencies, Environmental health, Health information, Poverty, Water, sanitation and hygiene
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life, Right to housing, Right to life
Facts:

A household-rubbish tip, or dump, was created in the Ümraniye district of Istanbul. Illegal dwellings were constructed around the rubbish tip. A report found that the rubbish tip posed health risks and the possibility of explosion. In April 1993 there was a methane explosion which triggered a landslide. Nine of the applicants’ family members were …Read more

Tags: Awareness, Cleanliness, Cleansliness, Contamination, Environmental hazards, Forced displacement, Garbage, Indigent, Law enforcement, Low income, Manmade disaster, Pollution, Poor, Sewage, Trash, Underprivileged, Waste, Waste management
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Secretary of State for the Home Department v. Wayoka Limbuela and Ors.

Country: United Kingdom
Year: 2004
Court: Court of Appeal, Civil Division
Citation: [2004] EWCA Civ 540
Health Topics: Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to housing, Right to social security
Facts:

This case concerned what level of destitute asylum seekers must have reached before their condition signified a violation of Article 3 of the European Convention on Human Rights and Fundamental Freedoms (“Convention”), which prohibits torture and cruel or inhuman or degrading treatment. A violation of Article 3 required the Secretary of State for the Home …Read more

Tags: Access to health care, Access to treatment, Asylum, Degrading treatment, Health expenditures, Health funding, Humiliating treatment, Immigrants, Immigration, Indigent, Inhuman treatment, Migrants, Poor, Refugees, Social security, Underprivileged
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Suo Moto v. State of Rajasthan

Country: India
Year: 2004
Court: High Court - Rajasthan
Citation: AIR 2005 Raj 82; RLW 2005 (2) Raj 1437
Health Topics: Environmental health, Health information, Health systems and financing, Infectious diseases, Poverty, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to life, Right to water and sanitation
Facts:

The case was regarding multiple suo moto orders issued by the Rajasthan High Court to the municipal authorities of the city of Jaipur to clean-up, restore and maintain the city which was plagued with trash, open sewage and polluted water bodies. Specific orders were issued to remove and dispose of the plastic and polyethylene bags …Read more

Tags: Awareness, Clean water, Cleanliness, Drinking water, Environmental degradation, Environmental hazards, Garbage, Health education, Health expenditures, Health promotion, Health spending, Low income, Pollution, Poor, Potable water, Safe drinking water, Sewage, Trash, Underprivileged, Waste, Waste management, Water pollution
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Adviento v Canada (Minister of Citizenship and Immigration)

Country: Canada
Year: 2003
Court: Federal Court
Citation: 2003 FC 1430
Health Topics: Chronic and noncommunicable diseases, Health information, Health systems and financing, Medicines, Poverty
Human Rights: Right to health
Facts:

The applicant was a citizen of the Philippines who entered Canada in 1990 under the Foreign Domestic Program, later renamed the Live-In Caregiver Program. She remained legally employed as a caregiver until her employment authorization expired in 1998. Nonetheless, she continued to stay and work in Canada. In 1994, the applicant was diagnosed with kidney …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Essential medicines, Examination, Health expenditures, Health facilities, Health funding, Health insurance, Kidney disease, Low income, Noncommunicable diseases, Out-of-pocket expenditures, Pharmaceuticals, Poor, Testing, Underprivileged
Download Judgment: English

Díaz, Brígida v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación]
Citation: D.2031.XXXVIII
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health
Facts:

Brigida Díaz was told by her doctors that she urgently needed surgical intervention to replace her pacemaker. Her original pacemaker had been covered by a social welfare scheme, and she had used these funds to replace it once. However, by the time she was told that her pacemaker needed to be replaced a second time, …Read more

Tags: Access to health care, Access to treatment, Health care technology, Heart disease, Indigent, Low income, Out-of-pocket expenditures, Poor, Reimbursement, Social security, Subsidies, Underprivileged
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Maria Mamerita Mestanza Chavez v. Peru

Country: Peru
Year: 2003
Court: Inter-American Commission on Human Rights
Citation: Report No. 66/00, Case 12.191, October 3, 2000; OEA/Ser./L/V/II.111, doc. 20 rev., 16 April 2001
Health Topics: Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
Facts:

A group of NGOs lodged a petition with the Commission alleging that Peru violated Maria Mamérita Mestanza Chávez’s rights on account of a forced sterilization that resulted in her death. Peru implemented a family planning policy involving compulsory and systematic sterilization in order to modify the reproductive behavior of the population. Poor, indigenous, and rural …Read more

Tags: Childbirth, Compulsory sterilization, Compulsory treatment, Forced sterilization, Forced treatment, Inadequate treatment, Indigenous groups, Indigent, Infertility, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Mandatory treatment, Maternal health, Maternal mortality, Negligence, Non-consensual testing and treatment, Poor, Pregnancy, Sterilization, Unauthorized treatment
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R (on the application of Q) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2003
Court: Court of Appeal, Civil Division
Citation: [2003] All ER (D) 409 (Oct); [2003] EWHC 2507 (Admin); [2004] QB 36 [2003]; EWCA Civ 364, [2003] 2 All ER 905
Health Topics: Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to housing, Right to social security
Facts:

F, M, D, B, J and Q were six asylum-seekers who had sought assistance from the Secretary of State under the Nationality, Immigration and Asylum Act, 2002. As per section 55 of the Act, the Secretary of State may not provide support to an asylum-seeker, if the Secretary “is not satisfied that the claim was …Read more

Tags: Asylum, Immigration, Indigent, Inhuman treatment, Migrants, Poor, Refugees
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