148 judgments found.

Case 03/2011

Country: Uruguay
Year: 2009
Court:
Citation: Third Civil Appellate Court [Tribunal Apelaciones Civil Tercer Turno]
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The claimant, Mr. Oscar Fontes, brought a protection action against the Ministry of Public Health (the “Ministry”) for its failure to provide him with the drug Cetuximab, as prescribed by his doctor for treatment of colon cancer. The drug was not included on the Therapeutic Drug Registry, and the Ministry denied his request. The claimant …Read more

Tags: Access to drugs, Access to medicines, Cancer, Essential medicines, Health regulation, Out-of-pocket expenditures, Pharmaceuticals, Social security
Download Judgment: English Spanish

Case 2009-170

Country: Belgium
Year: 2009
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4607. C. C., n°2009-170, 29 October 2009
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination
Facts:

The applicants were two, non-authorized physicians registered with the Saint-Vincent-Sainte-Elisabeth Hospital Center. Non-authorized physicians, unlike authorized physicians, work in private settings and do not fall within the public national healthcare system. The applicants challenged the constitutionality of Article 46 of a 2006 law passed on health provisions, in that it treated authorized and non-authorized doctors …Read more

Tags: Access to health care, Emergency care, Examination, Health insurance, Health regulation, Out-of-pocket expenditures, Private hospitals, Public hospitals, Social security, Testing Health facilities
Download Judgment: French Flemish

Case 2009-171

Country: Belgium
Year: 2009
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4611. C. C., n°2009-171
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Facts:

The applicant pharmaceutical company , which marketed cheaper, generic drugs, brought forward a claim against the “Institut national d’assurance maladie-invalidité” (National Institute for Health and Disability Insurance). The lower court referred a question to the Constitutional Court about whether Article 191 of the law concerning compulsory health insurance and benefits violated the principle of equality, …Read more

Tags: Generic drugs, Health funding, Health insurance, Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Download Judgment: French Flemish

Case 4053-2009

Country: Guatemala
Year: 2009
Court: Constitutional Court [Corte Constitucional]
Citation: Corte Constitucional de Guatemala, Exp. No. 4053-2009
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life, Right to social security
Facts:

Julio César Bravo Villata, a minor, was a beneficiary of the Guatemalan Social Security Institute.  He suffered from cerebral paralysis due to a respiratory arrest that occurred at the time of birth (a “congenital defect”) and his parents were told that once the child turned five, his treatment would be suspended. The Board of Directors …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Disabled, Handicapped, Health expenditures, Health insurance, Health spending, Minor, Pediatric health, Social security
Download Judgment: English Spanish

Case 4448-2008

Country: Guatemala
Year: 2009
Court: Constitutional Court [Corte Constitucional]
Citation: No. 4448-2008 (26 febrero 2009)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life, Right to social security
Facts:

This case was filed by the Human Rights Ombudsman of Guatemala acting on behalf of patients who suffer from vitiligo, psoriasis, fungoid mycosis, alopecia, lichen planus, uremic pruritus, and sclerodermas, against the Board of Directors of the Guatemalan Social Security Institute. He argued that the patients were informed that the company that was providing services …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Diagnostics, Health insurance, Health spending, Skin disease, Social security
Download Judgment: English Spanish

Case 445/2009

Country: Spain
Year: 2009
Court: Supreme Court of Justice of Castilla-La Mancha
Citation: STSJCM 12-3-2009
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to social security
Facts:

The appellant, a beneficiary of defendant public health institution Health Service of Castilla-La Mancha (“SESCAM”), received three fertility treatment cycles (two in a private institution and one in a public health institution) with negative results. The appellant then sought new fertility treatments from SESCAM, arguing that she was entitled to funding for three treatments of …Read more

Tags: Access to treatment, Assisted reproductive technology, Fertility, Health care technology, Health insurance, Health regulation, Health spending, In vitro fertilization, Infertility, Social security
Download Judgment: English

Case 660/2009

Country: Spain
Year: 2009
Court: Supreme Court of Justice of Castilla-Leon
Citation: STSJCL 660/2009. Almudena v. Health Managing Area of the Primary Health Care of Burgos
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

This case concerned social security reimbursement for private health care in Spain. The plaintiff suffered from an eating disorder, a personality disorder, and alcoholism. She sought treatment through Spain’s public health service for years. She was eventually discharged and referred to a public hospital, where she spent a year. She then sought reimbursement for the …Read more

Tags: Access to healthcare, Access to treatment, Health expenditures, Health funding, Health spending, Out-of-pocket expenditures, Reimbursement, Social security, Subsidies
Download Judgment: English

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

European Roma Rights Centre (ERRC) v. Bulgaria

Country: Bulgaria
Year: 2009
Court: European Committee of Social Rights
Citation: Complaint No 48/2008
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
Facts:

The European Roma Rights Centre (ERRC) brought a complaint alleging that the 2006 and 2008 amendments to Bulgaria’s Social Assistance Act of 1998 (‘the Act’) violated Article 13(1) of the RESC, taken alone or in conjunction with the non-discrimination provisions of Article E. Prior to these amendments, entitlement to social assistance benefits under the Act …Read more

Tags: Employment, Health insurance, Health regulation, Indigenous groups, Social security
Download Judgment: English

Gerhard Schultz-Hoff v. Deutsche Rentenversicherung Bund; Stringer and Others v. Her Majesty’s Revenue and Customs

Country: Germany, United Kingdom
Year: 2009
Court: European Court of Justice
Citation: Joined Cases C-350/06 and C-520/06
Health Topics: Disabilities, Occupational health
Human Rights: Right to work
Facts:

Mr. Schultz-Hoff, an employee of Deutsche Rentenversicherung Bund (DRB) with a recognized disability, became unfit to work in September 2004 and was on continuous sick leave until the termination of his employment on September 30, 2005. On May 13, 2005, during his sick leave, Mr. Schultz-Hoff requested that he take his remaining paid annual leave …Read more

Tags: Disabled, Employment, Social security, Workers' compensation
Download Judgment: English
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