Table 1.
Characteristics of 42 amparo claims decided by Uruguayan circuits of appeal in 2015
| Categories | Number of successful claims (n=31) (% of successful claims) | Number of unsuccessful claims (n=11) (% of unsuccessful claims) | |
|---|---|---|---|
| Essentiality | • In WHO’s 2017 Model List of Essential Medicines | 2 (6%) | 1 (9%) |
| • In the National Medicines Formulary (FTM) for any indication | 5 (16%) | 2 (18%) | |
| Indications | • Oncological diseases | 20 (65%) | 9 (82%) |
| • Unspecified indication(s) | 6 (19%) | 0 | |
| • Idiopathic pulmonary fibrosis (degenerative lung disease) | 2 (6%) | 1 (9%) | |
| • Nephrotic syndrome | 1 (3%) | 0 | |
| • Lupus | 0 | 1 (9%) | |
| • Inflammatory bowel disease | 1 (3%) | 0 | |
| • Multiple sclerosis | 1 (3%) | 0 | |
| Human rights | • Right to life | 30 (97%) | 3 (27%) |
| recognized in the | • Right to an adequate standard of living and health | 1 (3%) | 0 |
| court decisions | • Right to the highest attainable standard of physical and mental health | 28 (90%) | 3 (27%) |
| • Right to freedom from discrimination | 29 (94%) | 3 (27%) | |
| • Right to equality before the law | 17 (55%) | 0 | |
| • No explicit rights | 0 | 6 (55%) | |
| International law | • International Covenant on Economic, Social and Cultural Rights | 18 (55%) | 2 (18%) |
| recognized in the | • American Convention on Human Rights | 18 (55%) | 2 (18%) |
| court decisions | • Universal Declaration of Human Rights | 12 (36%) | 0 |
| • Additional Protocol to the American Convention on Human Rights | 12 (36%) | 1 (9%) | |
| • None | 10 (30%) | 9 (82%) |