The Belgian Professional Association of Urologists, et al. v. The Council of Ministers
Country: BelgiumYear: 1996
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1996-037f, 13 June 1996
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
Article 21 of the law dated December 21, 1994 (“article 21”) changed mandatory insurance payments so as to not grant fees (or, in certain cases, to grant lesser fees) to urologists or other non-radiologists specialists for diagnostic medical imagery services. However, fees remained payable to radiologists for those same services. The Belgian Professional Association of Urologists …Read more
Case 1995-080f
Country: BelgiumYear: 1995
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1995-080f, 14 December 1995
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Freedom of association, Right to due process/fair trial, Right to property
The petitioners challenged Article 28 of the law dated March 30, 1994, which instituted a system intended to guarantee the claims of the National Institute for Health an Disability Insurance (“INAMI”) on clinical pathology laboratories. The provisions at issue “[allowed] the health treatment Service of INAMI to require insuring organizations to retain the amounts that …Read more
Case 56/1995 (IX.15.) AB
Country: HungaryYear: 1995
Court: Constitutional Court
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to property
Petitioners challenged several amendments to statutes regulating employee benefit entitlements, which were inexorably connected to their social security entitlements under Hungary’s “mixed system” of social security (insurance and solidarity). The challenged amendments (1) provided that an employee was entitled to 25 sick days per year, for 5 of which she was not entitled to remuneration, …Read more
Kerojärvi v. Finland
Country: FinlandYear: 1995
Court: European Court of Human Rights
Citation: App. No. 17506/90, 32 Eur. H.R. Rep. 8 (2001).
Health Topics: Disabilities, Health systems and financing, Occupational health
Human Rights: Right of access to information, Right to due process/fair trial
The applicant was a Finnish national who had retired from the military after receiving a shrapnel wound in his back during his service in the wars between Finland and the Soviet Union. Although the State Office for Accident Compensation (Compensation Office) acknowledged that the shrapnel wound was a “military injury” for purposes of compensation under …Read more
Askan Das Batra v. Attorney General
Country: ZambiaYear: 1993
Court: Supreme Court
Citation: (1993-1994) Z.R. 41 (S.C.)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
The Appellant was employed by the Zambian Government as an accountant with the Ministry of Legal Affairs. Upon recommendation for further evaluation of his medical condition he travelled to the United Kingdom where he underwent elective heart surgery. He then claimed reimbursement of his medical expenses from his employer under the Conditions of Service for …Read more
Case 62/1993
Country: HungaryYear: 1993
Court: Constitutional Court
Health Topics: Aging, Health systems and financing
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Freedom of religion, Right to health, Right to social security
The petitioners challenged the constitutionality of a law (Act XII of 1991 on Revision of Certain Pensions and Terminating Certain Pension Supplements (the “Act”)) that annulled the distribution of pension supplements which were given to individuals based on certain honors or honorary titles associated with achievements in science, sport or art, or service in specific …Read more
Fernández, Encarnación Pilar v. Secretaría de Seguridad Social (ANSES)
Country: ArgentinaYear: 1993
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Fallos 316/797
Health Topics: Health care and health services, Health systems and financing
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Social Security Agency [Administración Nacional de la Seguridad Social- ANSES]. The plaintiff claimed that her right to life and health was threatened by the Administration, because they didn’t pay her pension in time and therefore she couldn’t access medical …Read more
Schuler-Zgraggen v. Switzerland
Country: SwitzerlandYear: 1993
Court: European Court of Human Rights
Citation: Application No. 14518/89, (1993) 16 EHRR 405
Health Topics: Disabilities, Health information, Health systems and financing, Infectious diseases
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to social security
Schuler (S), who had contributed to the state invalidity insurance from her wages when working, contracted tuberculosis and was granted an invalidity pension when it was determined that she was unfit for work. She gave birth to a son in 1984 and, after being required to undergo a medical examination, her pension was cancelled with …Read more
Case T-484/92
Country: ColombiaYear: 1992
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
The Petitioner, a Colombian national living with HIV, filed an appeal for legal protection against the Colombian Social Security Institute. The Petitioner claimed that his right to medical services was threatened when a doctor at the Cali Social Security Institute informed him that his treatment would cease in 30 days. However, medical directors at the …Read more
Brooks v. Canada Safeway Ltd.
Country: CanadaYear: 1989
Court: Supreme Court
Citation: [1989] 1 S.C.R. 1219
Health Topics: Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to favorable working conditions, Right to social security
Canada Safeway Ltd. maintained a group insurance plan that included weekly benefits for loss of pay due to accident or illness. The plan excluded pregnant women from coverage during a seventeen week period before, during, and after pregnancy. During that period, the plan excluded pregnant women suffering from both pregnancy and non-pregnancy-related afflictions. For part …Read more