47 judgments found.

Treatment Action Campaign & Five Others v. M.E.C. of Health & Three Others

Country: South Africa
Year: 2007
Court: High Court - Cape of Good Hope Provincial Division
Citation: 7991/07 (unreported)
Health Topics: Hospitals
Human Rights: Freedom of association, Right to health, Right to work
Facts:

A public sector strike took place in 2007. The State contended that not all employees of the State have a right to participate in such a public sector strike, in particular those engaged in essential services. The State subsequently obtained an order in which an interdict was granted to the effect that essential services employees …Read more

Tags: Access to treatment, Diagnostics, Examination, Health facilities, Public hospitals, Secondary care, Tertiary care
Download Judgment: English

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

Radovan Zecevic to the Constitutional Court

Country: Macedonia
Year: 2006
Court: Constitutional Court
Citation: 60/2006-0-0
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The Petitioner, Radovan Zecevic, challenged a provision from the Law on Health Insurance (the Law) which excluded any health conditions resulting from the conduct of a criminal offence or a misdemeanour from being funded under the Law. Zecevic argued that the provision was contrary to the right to equality, the right to social security, and …Read more

Tags: Access to health care, Access to treatment, Emergency care, Health funding, Health insurance, Health regulation, Primary care, Secondary care, Social security, Tertiary care
Download Judgment: English Macedonian

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

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

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

Minister of Health and Social Services v. Lisse

Country: Namibia
Year: 2005
Court: Supreme Court
Citation: [2005] NASC 8
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to work
Facts:

Dr. Lisse, a private medical practitioner, challenged the Minister of Health and Social Services’ (Minister) decision to deny him authorization to conduct surgeries at the Windhoek State Hospital. Lisse was a registered medical practitioner and specialist obstetrician and gynecologist authorized to practice under the Medical and Dental Professions Act, 1993.  He opened a private practice …Read more

Tags: Access to health care, Access to treatment, Cleanliness, Clinics, Emergency care, Health care professionals, Health care technology, Health care workers, Health facilities, Health insurance, Health regulation, Inappropriate treatment, Negligence, Patient choice, Private hospitals, Public hospitals, Secondary care, Social security, Tertiary care
Download Judgment: English

R.D. Gupta v. DDA and Ors

Country: India
Year: 2005
Court: High Court - Delhi
Citation: 116 (2005) DLT 666; 2005 (79) DRJ 730
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

RD Gupta, the Petitioner, was employed as a junior engineer with the Delhi Development Authority (DDA), the Respondent. He was governed by the Delhi Development Authorities Medical Scheme, 1988 (the Scheme). He underwent surgery for umbilical hernia at the Apollo Hospital (Apollo), “empanelled with the DDA.” On submitting the medical bills for reimbursement, the Petitioner …Read more

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

Sarojini Sawhney v. Punjab University

Country: India
Year: 2005
Court: High Court - Punjab and Haryana
Citation: (2006) 142 PLR 175
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 petitioner was a widow whose husband was an employee of the respondent university before his death. The petitioner had an independent income of 7000 rupees per month. She filed a claim for the reimbursement of medical expenses incurred during the treatment of her husband. However, the respondent university refused this claim stating that she …Read more

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