81 judgments found.

A.B. Colaco v. Coffee Board

Country: India
Year: 2006
Court: High Court - Karnataka
Citation: Writ Petition No.39031 of 2003 (S-R)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Petitioner had worked for the Coffee Board (the “Board”), a statutory body working under the administrative control of the Department of Commerce, for 24 years prior to his retirement. The pension benefits for retiring employees under the Central Civil Services (Pension) Rule (the “Rules”) were fixed by the Board. The Central Government had effectuated a …Read more

Tags: Access to treatment, Aged persons, Elderly, Older persons, Primary care, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

C. Nagamuthu v. State of Tamil Nadu and Ors

Country: India
Year: 2006
Court: High Court - Madras
Citation: 2006-3-L W529; (2006) 2 MLJ 747
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination
Facts:

The Petitioner was a retired Works Inspector at the Public Works Department in the State of Tamil Nadu. He was enrolled under the Tamil Nadu Government Employees Health Fund Scheme (the Scheme). He was thus entitled to free medical treatment for himself and his dependents at approved hospitals. In 1998, the Petitioner’s son had to …Read more

Tags: Access to treatment, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Momentum Group v. Chairperson, Competition Commission

Country: South Africa
Year: 2006
Court: Competition Appeal Court
Citation: [2006] ZACAC 1; Competition Appeal Court Case No: 58/CAC/DEC05
Health Topics: Health care and health services, Health systems and financing, Hospitals
Facts:

On 2 September 2005, Momentum Group and African Life Health (ALH) applied to the Competition Commission (Commission) for the approval of a merger between them. On 9 November 2002, the merger was unconditionally approved by the Commission and referred to the Competition Tribunal (Tribunal) for final approval. On 12 December 2005, after a hearing with …Read more

Tags: Private hospitals
Download Judgment: English

Shri O.N. Chhibber v. Union of India

Country: India
Year: 2006
Court: Central Administrative Tribunal - Delhi
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

The applicant worked as a section officer in the Department of Foods and then became a pensioner post retirement. As a central government employee, he was entitled to reimbursement of medical expenses incurred by him or his family members under the Central Government Health Scheme (CGHS). In 2001 the applicant and the applicant’s wife incurred …Read more

Tags: Access to treatment, Emergency care, Heart disease, Private hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Ximenes-Lopes v. Brazil

Country: Brazil
Year: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 149 (July 4, 2006).
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

Damião Ximenes-Lopes, a person with mental illness, was hospitalized for psychiatric treatment at a private psychiatric clinic that operated within Brazil’s public health system. Ximenes-Lopes died three days following hospitalization while undergoing psychiatric treatment. He endured “inhuman and degrading” conditions and died under violent circumstances in the hands of hospital staff. Ximenes-Lopes’ sister filed a …Read more

Tags: Abuse, Clinics, Cruel treatment, Degrading treatment, Depression, Humiliating treatment, Inappropriate treatment, Inhuman treatment, Involuntary confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Private hospitals, Psychiatry, Psychology, Torture
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Chaoulli v. Quebec (Attorney General)

Country: Canada
Year: 2005
Court: Supreme Court
Citation: 2005 S.C.C. 35, [2005] 1 S.C.R. 791
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to liberty and security of person, Right to life
Facts:

Section 15 of the Health Insurance Act (HEIA) and s. 11 of the Hospital Insurance Act (HOIA) prohibited Quebec residents from taking out private health insurance for services covered by Quebec’s public health care plan. The two Appellants, Jacques Chaoulli and George Zeliotis, contested the validity of this prohibition.  They alleged that these prohibitions deprived …Read more

Tags: Access to treatment, Budget, Emergency care, Health expenditures, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Primary care, Private hospitals, Public hospitals, Secondary care, Social security
Download Judgment: English French

Jackson Women’s Health Organisation v. Brian W. Amy (State Health Officer, Mississippi)

Country: United States
Year: 2005
Court: United States District Court Southern District Of Mississippi Jackson Division
Citation: No CivA 3:04CV495LN, 2005 WL 1412125 (SDMiss 2005)
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health
Facts:

The plaintiff- Jackson Women’s Health Organisation filed a motion challenging a provision in the Mississippi Code stating, “abortion procedures after the first-trimester shall be performed only at an ambulatory surgical facility or hospitals licensed to perform that service, and for related purposes. The plaintiff alleged that this provision had effectively banned it from performing abortions …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Clinics, Counseling, Health care technology, Health facilities, Late-term abortion, Maternal health, Private hospitals, Public hospitals
Download Judgment: English

K.L. v. Peru

Country: Peru
Year: 2005
Court: Human Rights Committee
Citation: CCPR/C/85/D/1153/2003, Communication No. 1153/2003
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Right to health, Right to life, Right to privacy
Facts:

K.L was a 17 year old pregnant woman who was denied an abortion despite complications in her pregnancy. The foetus was anencephalic. Peruvian abortion laws allowed abortions in case there was a danger to the life or health of the mother. Anencephalic condition posed a life-threatening risk to K.L. The baby died after four days …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Childbirth, Children, Clinics, Counseling, Depression, Health facilities, Infant health, Infant mortality, Maternal health, Maternal mortality, Minor, Pediatric health, Pregnancy, Primary care, Private hospitals, Public hospitals, Termination of pregnancy, Therapeutic abortion, Trauma
Download Judgment: English

K.S. Mathew v. Union of India

Country: India
Year: 2005
Court: High Court - Delhi
Citation: 2005 (83) DRJ 714
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

KS Mathew, the Petitioner, was a Deputy Secretary in the Ministry of Civil Supplies when he retired. He was entitled to free medical aid under the Central Government Health Scheme (CGHS). After suffering a heart attack in 2001, he was admitted to Escort Heart Institute and Research Centre (EHIRC). EHIRC was a recognized hospital under …Read more

Tags: Access to treatment, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English