The right to health

Patricia Asero Ochieng, Maurine Atieno and Joseph Munyi v The Republic, (High Court of Kenya, 20 April 2012)

The Kenyan High Court found that certain provisions of the Kenyan 2008 Anti-Counterfeit Act violate the right to life, human dignity and health as guaranteed under the Kenyan Constitution. The Court obliged the Kenyan Government to reconsider a provision of the Act to remedy the situation.

García Meza Azanca Alhelí vs. Peru's Health Ministry, Peru, 2003

The Constitutional Court ordered the inclusion of the appellant in the group of patients who will receive comprehensive medical treatment against HIV/AIDS by the Ministry of Health, which includes the provision of medicines and relevant analysis, as required by the treating physicians and hospital. The State of Peru is encouraged to view the costs of the provision of medical treatment not as expenditure but as a priority investment. The hospital is obliged to report back to the court every six months.