84 judgments found.

Victoria (City) v. Adams

Country: Canada
Year: 2009
Court: Court of Appeal for British Columbia
Citation: 2009 BCCA 563
Health Topics: Poverty
Human Rights: Right to housing, Right to liberty and security of person
Facts:

Municipal bylaws in the City of Victoria, British Columbia prevented homeless people from erecting shelters in public parks. Due to lack of available beds in shelters, homeless people set up a tent city in a public park. The City sought legal action to remove the tent city, claiming that it violated the city bylaws. The …Read more

Tags: Low income, Poor, Underprivileged
Download Judgment: English

Pediatric Clinic of Los Lagos v. Brazil

Country: Brazil
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 70/08, Petition 12.242, October 16, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Hospitals, Infectious diseases, Medical malpractice, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to life
Facts:

Ten children died as a result of the presumed medical negligence of the personnel at the Clínica Pediátrica da Região dos Lagos. The hospital received funds from the state via the public system of health of Brazil called Sistema Unico de Salud. The majority of children treated at the hospital were from families with “reduced …Read more

Tags: Childbirth, Children, Cleanliness, Clinics, Compensation, Damages, Duty of care, Inadequate treatment, Inappropriate treatment, Indigent, Infant health, Infant mortality, Low income, Minor, Negligence, Pediatric health, Poor, Pregnancy, Private hospitals, Remedies, Standard of care, Underprivileged
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Socio Economic Rights and Accountability Project v. Nigeria

Country: Nigeria
Year: 2008
Court: African Commission on Human and Peoples’ Rights
Citation: Communication No. 300/2005
Health Topics: Poverty
Human Rights: Right to education
Facts:

The Socio Economic Rights and Accountability Project (“SERAP”) sued the government of Nigeria, alleging that the state violated its citizens’ right to education because of large-scale corruption. The issue was whether the Communication submitted by SERAP was admissible or not. In 2005, it was alleged that the Nigerian Senate and the House of Representatives took …Read more

Tags: Indigent, Low income, Poor, Underprivileged
Download Judgment: English

Case RE 568073/RN

Country: Brazil
Year: 2007
Court: Federal Supreme Court
Citation: RE 568073/RN, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Court of Justice found that the State of Rio Grande do Norte had the obligation of providing high-cost medication, free of charge, to an indigent individual suffering from melanoma. The Court of Rio Grande do Norte had previously dismissed an interlocutory appeal brought by the state. The State of Rio Grande do Norte filed an extraordinary …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Essential medicines, Indigent, Low income, Poor, Underprivileged
Download Judgment: Portuguese

Defensor del Pueblo de la Nación v. Estado Nacional et al.

Country: Argentina
Year: 2007
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 18/9/2007, "Defensor del Pueblo de la Nación c/ Estado Nacional y otra (Provincia del Chaco) s/proceso de conocimiento," (D. 587. XLIII) (Arg.).
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Infectious diseases, Poverty, Water, sanitation and hygiene
Human Rights: Right to bodily integrity, Right to education, Right to food, Right to health, Right to life, Right to participation, Right to water and sanitation, Right to work
Facts:

Argentina’s Human Rights Ombudsman brought a claim against the National Government and the Province of Chaco to force Respondents to take the necessary measures to improve the deleterious living conditions of an indigenous community in Chaco that amounted to circumstances of extreme emergency. The Ombudsman claimed that the community lacked fundamental and basic necessities as …Read more

Tags: Access to health care, Access to treatment, Budget, Chagas, Clean water, Drinking water, Food shortages, Indigenous groups, Indigent, Low income, Malnutrition, Non-communicable diseases, Poor, Potable water, Safe drinking water, Starvation, Tuberculosis, Underprivileged
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Kranti v. Union of India & Ors

Country: India
Year: 2007
Court: Supreme Court
Citation: Appeal (civil) No. 2681/2007
Health Topics: Diet and nutrition, Disasters and emergencies, Health systems and financing, Poverty, Water, sanitation and hygiene
Human Rights: Right to food, Right to water and sanitation
Facts:

The plaintiffs were residents of a group of islands heavily affected by the 2004 tsunami. They argued that they were facing a number of problems which the local administration could take steps to mitigate and that the problems required immediate governmental action. They argued that, while there were relief funds, these funds were not being …Read more

Tags: Budget, Clean water, Cleanliness, Dehydration, Diet, Drinking water, Flooding, Food, Food shortages, Health expenditures, Health funding, Health spending, Humanitarian crisis, Hunger, Indigent, Low income, Malnutrition, Natural disaster, Poor, Potable water, Safe drinking water, Starvation, Underprivileged
Download Judgment: English

State of Pernambuco v. Geni Lira de Sales

Country: Brazil
Year: 2007
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: State of Pernambuco v. Geni Lira de Sales, AI 676044/PE, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The State of Pernambuco filed an interlocutory appeal against the Court of Justice of Pernambuco’s decision, refusing to admit an extraordinary appeal. The Court of Justice of Pernambuco found that the State was responsible for providing medication and health services to a needy individual suffering from chronic disease. The State argued that the constitutional obligation …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Low income, Poor, Underprivileged
Download Judgment: Portuguese

Afdeling Bestuursrechtspraak van de Raad van State [Administrative Jurisdiction of the Council of State], 11 October 2006, nr200600633/1, LJN:AY9897

Country: Netherlands
Year: 2006
Court: Afdeling bestuursrechtspraak van de Raad van State (Administrative Jurisdiction Department of the Council of State)
Citation: 11 October 2006, nr200600633/1, LJN:AY9897
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Medicines, Public safety, Sexual and reproductive health
Facts:

According to the Benefit Entitlement Act (“BEA”), health care providers who offer medically necessary care to illegal immigrants must be compensated for their expenses. To achieve this, the BEA increased the budget of the Ministry of Health, Welfare and Sports (“the Ministry”). Instead of managing the compensation fund itself, the Ministry appointed the Foundation Koppeling …Read more

Tags: Access to health care, Access to treatment, Asylum, Childbirth, Emergency care, Health expenditures, Health funding, Health spending, Immigrants, Immigration, Indigent, Pediatric health, Poor, Pregnancy, Refugees, Reimbursement, Subsidies, Threat of violence, Underprivileged, Vaccination
Download Judgment: English Dutch

Applicant v. The Central Agency for the Reception of Asylum Seekers [Rechtbank’s Gravenhage, zittingplaats Amsterdam [District Court of Gravenhage, sitting at Amsterdam], 25 August 2006, LJN:AZ2923]

Country: Netherlands
Year: 2006
Court: District Court of Gravenhage
Citation: LJN:AZ2923
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Mental health, Poverty
Human Rights: Right to health, Right to housing
Facts:

The Applicant was a multi-handicapped child suffering from “Down Syndrome, a congenital heart defect and a delayed thyroid disorder”. He was being treated for his condition and, in the absence of treatment, it was expected that his physical and mental condition would deteriorate.  Applicant had applied for a grant of residence, which was denied by …Read more

Tags: Access to health care, Access to treatment, Asylum, Child development, Children, Disabled, Handicapped, Immigration, Infant health, Mental disability, Mental retardation, Migrants, Minor, Pediatric health, Physically challenged, Poor, Underprivileged
Download Judgment: English Dutch

Covarrubias v Canada (Minister of Citizenship and Immigration)

Country: Canada
Year: 2006
Court: The Federal Court of Appeal
Citation: 2006 FCA 365
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom of movement and residence, Right to health, Right to life
Facts:

The appellants were Mexican citizens who arrived in Canada and made a claim for refugee protection. Before their claim was heard, the male appellant was diagnosed with end-stage renal failure and was immediately put on life-sustaining hemodialysis treatment. The Immigration and Refugee Board (‘Board’) denied their claim for refugee protection. Among other findings, the Board …Read more

Tags: Access to health care, Access to treatment, Budget, Examination, Health care technology, Health expenditures, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Immigrants, Immigration, Indigent, Kidney disease, Low income, Noncommunicable diseases, Out-of-pocket expenditures, Poor, Refugees, Testing, Underprivileged
Download Judgment: English
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