30 judgments found.

Okwanda v. Minister of Health and Medical Services, et al.

Country: Kenya
Year: 2013
Court: High Court - Nairobi
Citation: Petition No. 94 of 2012
Health Topics: Aging, Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to housing, Right to social security, Right to water and sanitation
Facts:

Petitioner, an elderly retired person, was diagnosed with diabetes and Benign Hypertrophy (a life-threatening terminal disease). Petitioner claimed that that the cost of the medication was prohibitive and that he was in need of urgent medical attention. Petitioner sought assistance of the court to enforce his fundamental rights to the highest attainable standard of health …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Aged persons, Diabetes, Diet, Elderly, Food, Health spending, Hunger, Indigent, Low income, Malnutrition, Noncommunicable diseases, Older persons, Out-of-pocket expenditures, Poor, Senior citizens, Underprivileged
Download Judgment: English

Case D-358/2009

Country: Belarus
Year: 2011
Court: Constitutional Court
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to education, Right to favorable working conditions, Right to food, Right to health, Right to housing, Right to social security, Right to work
Facts:

Exercising its obligatory preliminary control powers, the Constitutional Court of the Republic of Belarus considered the constitutionality of the Law of the Republic of Belarus on Making Alterations and Addenda to Certain Laws of the Republic of Belarus on Social Protection of the Disabled People (the Law). The law made amendments and additions to previous …Read more

Tags: Aged persons, Disabled, Elderly, Handicapped, Health funding, Informed choice, Long-term care, Non-consensual testing and treatment, Older persons, Patient choice, Physically challenged, Senior citizens, Social security
Download Judgment: English Belarusian

Fyodorov and Fyodorova v. Ukraine

Country: Ukraine
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 39229/03
Health Topics: Aging, Informed consent, Mental health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

Two Ukrainian nationals lodged this complaint against the Ukraine under Article 34 of the Convention for the Protection of Human Rights (the “Convention”) in 2003. The applicants alleged that they were ill-treated by the police and that no effective investigations of the event took place. One of the applicants also alleged that he had been …Read more

Tags: Aged persons, Assault, Compulsory commitment, Compulsory confinement, Compulsory examination, Cruel treatment, Degrading treatment, Elderly, Forced examination, Health care professionals, Humiliating treatment, Inhuman treatment, Involuntary commitment, Involuntary confinement, Involuntary examination, Law enforcement, Mandatory confinement, Mandatory examination, Mental disorder, Mental illness, Older persons, Patient choice, Police, Psychiatry, Psychology, Senior citizens
Download Judgment: English Russian

Case 857/B/2005 AB

Country: Hungary
Year: 2010
Court: Constitutional Court
Health Topics: Aging, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

Petitioner sought a declaration that a certain provision of a government decree regulating minimum pension amounts was unconstitutional because it (a) regulated a fundamental right which could only be done by statute and (b) provided a social security benefit too low to maintain human dignity, which was guaranteed by the Constitution.

Tags: Aged persons, Budget, Elderly, Health funding, Health insurance, Health regulation, Health spending, Older persons, Out-of-pocket expenditures, Senior citizens, Social security
Download Judgment: English

Case 95

Country: Romania
Year: 2010
Court: National Council for Combating Discrimination
Citation: Decision No. 95 of 9 June 2010
Health Topics: Aging, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
Facts:

The petitioner, the National Council for Combating Discrimination, alleged that Order No. 1352/2009 (the” challenged order”) issued by the Ministry of Health, the defendant, violated the paragraph 1 of Article 1 and Article 10, pt (b) of Governmental Ordinance No. 137/2000, which prevented and sanctioned all forms of discrimination. The petitioner claimed that the challenged …Read more

Tags: Access to health care, Aged persons, Elderly, Health funding, Health regulation, Older persons, Out-of-pocket expenditures, Senior citizens, Social security
Download Judgment: English

Case 0012-09-SIS-CC, Case 0007-09-IS

Country: Ecuador
Year: 2009
Court: Constitutional Court [Corte Constitutcional]
Citation: Corte Constitucional Judgment N. 0012-09-SIS-CC, Case No. 0007-09-IS, October 8, 2009.
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to social security
Facts:

This case addressed an individual’s right to health care and reimbursement for health services from the National Social Security Institute (Instituto Ecuatoriano de Seguridad Social, IESS) as a type of retirement benefit.  The action was specifically filed against Econ. Fernando Guijarro Cabezas, General Director of IESS. This case was filed against Ecuador’s Social Security Institute …Read more

Tags: Access to health care, Aged persons, Emergency care, Health insurance, Older persons, Public hospitals, Reimbursement, Senior citizens, Social security
Download Judgment: English Spanish

Case C-727/09

Country: Colombia
Year: 2009
Court: Colombian Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Plena octubre 14, 2009, M.P.: María Victoria Calle Correa, Sentencia C-727/09 (Colom.).
Health Topics: Aging, Health care and health services, Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to favorable working conditions, Right to health, Right to social security
Facts:

Petitioner Hernán Antonio Barrero Bravo brought action challenging the constitutionality of Law 860 (Reform of the Social Security System law), alleging its violation of articles 48 (principle of progressive realization), 49 (principle of non-retrogression of social rights) and 53 (principle of non-retrogression in the protection given by the previous law) of the Constitution in changing …Read more

Tags: Access to health care, Access to treatment, Aged persons, Elderly, Health expenditures, Health insurance, Health regulation, Long-term care, Older persons, Senior citizens, Social security
Download Judgment: Spanish

Khrapunskiy v. Doar

Country: United States
Year: 2009
Court: New York Court of Appeals
Citation: 12 N.Y.3d 478 (2009)
Health Topics: Aging, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
Facts:

The Plaintiffs, aged, blind or disabled persons and legal resident aliens of New York State, brought these proceedings against the Commissioner of the New York State Office of Temporary and Disability Assistance (OTDA) after they became ineligible for Supplementary Security Income (SSI) from the federal government and Additional State Payments (ASP) provided by the State. …Read more

Tags: Aged persons, Blind, Disabled, Elderly, Handicapped, Older persons, Physically challenged, Senior citizens, Social security, Subsidies
Download Judgment: English

Dodov v. Bulgaria

Country: Bulgaria
Year: 2008
Court: European Court of Human Rights
Citation: Dodov v. Bulg., App. No. 59548/00, 47 Eur. H.R. Rep. 41 (2008).
Health Topics: Aging, Health care and health services, Health systems and financing, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Applicant, Mr. Dodov is a Bulgarian national. His mother, Mrs. Stoyanova, suffered from Alzheimer’s disease and disappeared from a state-owned nursing home and was never found. Efforts by applicant to bring criminal and civil proceedings against the hospital staff for negligence in causing the disappearance of his mother did not yield results. Relying on Article …Read more

Tags: Aged persons, Compensation, Damages, Duty of care, Elderly, Inadequate treatment, Inappropriate treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Neurological diseases, Nursing home, Older persons, Remedies, Senior citizens, Standard of care, Tort
Download Judgment: English Armenian Bulgarian French

Walter Obodzinsky, et al. v. Canada

Country: Canada
Year: 2007
Court: United Nations Human Rights Committee
Citation: Communication No. 1124/2002, U.N. Doc. CCPR/C/89/D/1124/2002 (2007)
Health Topics: Aging, Chronic and noncommunicable diseases
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to acquire nationality, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to privacy
Facts:

The author, an elderly Canadian national in poor health, alleged that citizenship revocation proceedings against him violated his rights under articles 6, 7, 9, 14, and 17 of the International Covenant on Civil and Political Rights (the “Covenant”). The author was a Polish national who came to Canada in 1946 under a government order where …Read more

Tags: Aged persons, Cruel treatment, Degrading treatment, Elderly, Heart disease, Humiliating treatment, Immigration, Inhuman treatment, Older persons, Senior citizens, Torture
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