Health (Right to)

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The claimant filed a tutela action against the Public Works of Cartagena alleging that they put into operation an uncompleted sewer system, producing overflowing black waters and unsanitary conditions in two neighborhoods. The complaint alleged a violation of Article 88 of the Colombian constitution protecting the right to public health and asked for injunctive relief to prevent irreparable harm, as established under Article 5 of the Decree 2591.

This tutela case concerned the requirement that the state provide health services to a group of children living in an impoverished area of Bogotá. Four hundred and eighteen families brought this action against the Ministry of Health and the District Secretary of Health seeking free vaccines against two strains of bacterial meningitis. The plaintiffs argued their case under Article 44 of the Colombian Constitution, which guarantees certain freedoms and protections to children, and under various treaties to which Colombia subscribed.

In August 2008, the Ministry of Health and Family Welfare’s NACO developed an “Office Memorandum” in response to a public interest litigation (PIL), in which the Supreme Court reviewed the steps taken by NACO to combat HIV/AIDS and the services being provided to patients. The Supreme Court had issued directives, including those aimed at improving the sufficiency of centres distributing second line anti-retroviral therapy (ART).

Inter-American Court Finds Right to Health Violation in the Context of Emergency Medical Services

On January 17, 2001, Vinicio Poblete Vilches was admitted to the Chilean public Hospital Sotero del Rio with severe respiratory failure. He was 76 years old and was sent to the Intensive Care Unit (ICU), where he was in an unconscious state for several days. He underwent surgery, was discharged and readmitted, and died in the hospital on February 7. The principal questions before the Inter-American Court were whether the state violated: 1) the human rights to health and life of Mr.

Kenyan High Court finds violations of rights to health, dignity, and personal integrity in maternal healthcare case

J.M. sought maternal health care in the Bungoma District Hospital, now the Bungoma County Referral Hospital. This hospital is a public health care facility that, in line with the President of Kenya’s 2013 Presidential Directive, was supposed to provide free maternal health care. At the hospital, J.M. was told to pay for medicine to induce her labor, and after her labor was induced, she was ordered to walk to the delivery room when her labor pains started. She followed the directive, found the delivery beds occupied, and had started to return to the labor ward, when she fainted.

Inter-American Court Enforces Positive Duty of Progressive Realization in Health Case on Persons Living with HIV

This case was presented by 49 victims—15 of whom had died while the case was being examined—and their family members, all of whom shared intersecting characteristics that made them more vulnerable to harm, such as living in poverty. The Court noted that Guatemala is the Central American country with the highest number of people living with HIV, approximately 52,000 people in 2018. The Guatemalan government attempted to address this crisis through legislation and public policy, including the availability of anti-retroviral therapy starting in 1999, but its response was inadequate.

 

The Egyptian Initiative or Personal Rights (EIPR), launched a campaign calling on the Egyptian prison authorities to provide, free of charge, sanitary pads to female...

UN finds rights violations in irregular migrant being denied essential health services

Nell Toussaint challenged Canada’s denial of health care coverage to undocumented immigrants under the under the federal government’s program of health care to immigrants, called the Interim Federal Health Benefit Program. After exhausting domestic remedies, Toussaint brought her claims to the United Nations Human Rights Committee (Committee) under the optional complaints procedure (first optional protocol) to the International Covenant on Civil and Political Rights, which Canada ratified in 1976.

Nazdeek has partnered with communities in Delhi to develop effective and accessible strategies for monitoring essential services that they are legally entitled to, seek redressal of individual right violations, and, at a collective level, advocate for systemic improvements in the delivery of...

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