Overview of recent cases before the European Court of Human Rights (August 2019 – January 2020)
| Published date | 01 March 2020 |
| Author | Marcin Wujczyk |
| DOI | 10.1177/1388262720913659 |
| Date | 01 March 2020 |
| Subject Matter | Case commentaries |
Case commentary
Overview of recent cases
before the European Court
of Human Rights
(August 2019 – January 2020)
Marcin Wujczyk
Jagiellonian University, Poland
The obligation to reside in the territory of a state as a prerequisite
for granting benefit to a disabled person (Fedulov v. Russia)
1
This is an analysis of the judgment of the European Court of Human Rights published on 8
October 2019. The applicant claimed that the failure to fulfil his statutory rights to receive drugs
necessary for his cancer treatment free of charge and the refusal to grant him compensation for this
refusal constituted a violation of Art. 1 of Protocol 1 to the Convention.
The facts of the case
The applicant, Igor Pavlovich Fedulov, suffers from advanced prostate cancer.
2
In connection with
his illness he was granted the status of a disabled person and, as a result, became entitled to certain
drugs free of charge based on prescriptions issued by a competent physician. In February 2007, the
applicant was entered in the federal register of persons entitled to public social security, including
the receipt of drugs free of charge.
However, the applicant was supplied with the necessary drug only once. At the other times, the
free drugs were not available at the pharmacy that was supposed to issue them to patients. At the
same time, the pharmacy retained the prescriptions issued for the applicant in order to provide
‘deferred service’(отсроченное обслуживание) and promised to notify him of the availability of
the free drug as soon as it became available. The applicant was also inf ormed that he could
Corresponding author:
Dr. Marcin Wujczyk, Assistant Professor, Department of Labour Law and Social Security, Jagiellonian University, Krako
´w,
Poland.
E-mail: marcin.wujczyk@uj.edu.pl
1. Application no. 65550/13.
2. Ibid [6].
European Journal of Social Security
2020, Vol. 22(1) 71–82
ªThe Author(s) 2020
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DOI: 10.1177/1388262720913659
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