The case was brought by BT on behalf of herself and on behalf of the estate of her late husband, AT, against the defendant, a general practitioner, who was AT’s doctor from 26 November 1991 to 22 January 1993. The case arose as a result of the defendant’s alleged negligent failure to diagnose AT’s HIV …Read more

Mr. Lustig-Prean and Mr. Beckett were discharged from the Royal Navy on the basis of their sexual orientation. In June 1994, Mr. Lustig-Prean was approached by military service police and, wanting to avoid further and less discrete investigations, Mr. Lustig-Prean admitted that he was homosexual. In May 1993, Mr. Beckett admitted to his superiors that …Read more

Agnes Rae was passively exposed to cigarette smoke as a civilian employee at the Wishaw Police office during 1979 to 1994. She became ill as a result of this exposure. The Strathclyde Regional Council were the largest employer in Scotland at the time of this matter, and employed their own Occupational Health Department. In 1999, …Read more

The petitioners were a group of persons living with HIV. They filed a writ of amparo against Venezuela’s Ministry of Health and Social Assistance (the Ministry). The Petitioners asked the Court to enjoin the Ministry to provide, free of charge: (1) the regular and periodic delivery of antiretroviral drugs and medication for opportunistic diseases; (2) …Read more

Under Article 20(2) of the Interim Constitution 2063 in Nepal, every woman in Nepal had the fundamental right to reproductive health. However, there were no effective health services addressing the issue of uterine prolapse, a serious ailment affecting nearly 600,000 women in Nepal. The Petitioners, among others, Pro-Public, an organization working in the area of …Read more

M was charged with sexual offenses. Following an adjournment of M’s trial his counsel sought full disclosure of all therapeutic records and notes relating to the complainant in possession of a counseling organization. An order for partial disclosure was made and M sought further disclosure of psychiatric records. However, in the interim Bill C-46 had …Read more

Mr. X, the Appellant, was about to get married when it was found that he was living with HIV. “The marriage was called off on the ground of blood test conducted at the respondent’s hospital in which the appellant was found to be HIV(+).” As members of the Appellant’s family and community came to know …Read more

McGinley (M) and Egan (E) were servicemen who had been present on a Pacific island in 1958 when atmospheric tests of nuclear weapons had been carried out (five in M’s case and one in that of E). During the tests service personnel had been ordered to line-up in the open and to face away from …Read more

This case concerned the impact of Hungary’s constitutional guarantee of the right to life on its parliament’s ability to pass abortion laws. Petitioners submitted that Hungary’s Act LXXIX/1992 on the Protection of Foetal Life (“the Act”), regarding permissible abortion, was unconstitutional. The Act allowed a pregnant woman to have an abortion if she was “in …Read more

Applicant’s father served as a catering assistant in the British Royal Air Force and had been present at Christmas Island during four nuclear tests. Applicant was diagnosed with leukemia at an early age. Her records of admission to hospital included, under the heading “Summary of Possible Causative Factors” that her father was exposed to radiation. …Read more

Mr. Francois X, a pharmacist practicing in the Rosny-sou-Bois commercial center, along with his employer, the Plus Pharmacie association, requested the annulment of decree no 96-531 of June 14 1996. The decree related to advertisement of medications and other products for medical use. The decree modifies the public health code to insert a new article …Read more

The Defendant, Lawrence Berkeley Laboratory (“Lawrence”) conducted mandatory pre-placement examinations of their employees. This mandatory exam took place after an employment offer but prior to the start of job duties. Each of the plaintiffs (current and former workers of the Defendant) had undergone this mandatory pre-placement exam. During these exams, plaintiffs completed medical history questionnaires …Read more

The Appellants, Doe and Roe, brought this claim alleging that the respondent, Marsh, violated their right to privacy under the US Constitution. Doe and Roe were HIV positive individuals active in various HIV/AIDS support and advocacy organizations; both had participated in educational seminars for social workers and educators focused on HIV prevention. The seminars were …Read more

The applicant, a Finnish national, had been married to X, who was not a Finnish national, at the time the events occurred. They were both infected with the human immunodeficiency virus (HIV). X was convicted for rape and during the criminal proceedings the court gave orders requiring the applicant’s medical advisers to give evidence. In …Read more

Applicant, a Swedish national who lived with her youngest son was unable to work as a result of dental problems which caused her severe pain, and anxiety about a dispute with her landlord. She contacted a psychiatric clinic in order to receive a medical certificate which would enable her to claim sickness benefit from the …Read more

Applicant was a Swedish citizen who slipped and fell at work. She made a claim for compensation under the Industrial Injury Insurance Act from the State Insurance Office. The applicant’s lawyer made a routine request for her file and it was revealed that the State Office had been in correspondence with the women’s clinic and …Read more

While a prisoner in custody of the defendant, the plaintiff was informed by the prison nurse in the presence of other prisoners that he was to undergo a blood test for HIV and that he had the right to refuse such test. This information was repeated to the plaintiff in a closed consulting room, but …Read more

Respondent, Redmond, received counseling from a licensed clinical social worker after a “traumatic incident” in which she shot and killed a man while on duty as a police officer. Petitioner, Allen, the administrator of the estate of the deceased, filed an action in the Federal District Court seeking damages and alleging that Respondent had violated …Read more

In 1977, Julie Breen had a bilateral augmentation mammoplasty which involved the insertion of a silicone implant in each of her breasts. She later developed a complication in the way of bilateral breast capsules. In 1978, she sought the opinion of Dr. Cholmondeley Williams, who had not performed the original procedure. Dr. Williams advised Breen …Read more

The plaintiff is the father of a child who suffered from seizures and who received brain damage due to a particular seizure. During that particular seizure, the mother had sent another child to call the local doctor, one of the defendants, who did not come. As New Zealand imposes a statutory duty on doctors to …Read more

Plaintiff, Yin, brought an action against her employer, the State of California Employment Department, to prohibit them from requiring her to release her medical records, submit to an examination, and be subject to discipline for refusing to do so. Yin had a “prolonged and egregious history of absenteeism and a record of on-the-job illnesses.” She …Read more

Mr. XX, the Plaintiff, worked for the Gun Club Corporation, the Respondent, from 16 March 1992 until 1 July 1994. On 28 April 1994, Dr. Alvaro Murra Erazo, who was working for the Respondent, administered an HIV test to the Plaintiff. After receiving a positive result, the Plaintiff was advised by Dr. Murra to resign …Read more

The Appellee, Anderson, brought this challenge against two prison officials at the cell house in which he was placed. Anderson alleged that a superintendent and a guard violated his constitutional right to privacy and the Illinois AIDS Confidentiality Act by revealing that he was infected with the AIDS virus to an inmate sleeping in Anderson’s …Read more

Two prominent tobacco companies challenged the constitutionality of the Tobacco Products Control Act (the Act), which regulated the advertisement of tobacco products and their requisite health warnings. They also challenged an amendment to the Tobacco Products Control Regulations (the Regulations) which imposed a total advertising ban, prohibited the use of tobacco trade marks on non-tobacco …Read more

Grandmother of a child orphaned at the hands of the military government of Argentina who was then falsely adopted filed claims against the government citing ICCPR Articles 7 (freedom from torture, including psychological), 23 (family) and 24 (child protections) rights violations. Ximena Vicario’s parents disappeared when she was 9 months old and she was cared …Read more

Both applicants were living together as a couple and later got married. They both suffer from a history of mental illness. Mrs. McMichael gave birth to a son, A. She had a history of severe and recurrent mental illness and, on advice that the child would be at risk if he were to go home …Read more

The applicants, two tobacco companies in Canada, sought a stay in the form of interlocutory relief from compliance with the Tobacco Products Control Regulations, amendment until the Supreme Court renders its decision on the validity of the Tobacco Products Control Act (“the Act”). The Act came into force on January 1, 1989 with the purpose …Read more

Nicholas Toonen was a gay man, HIV/AIDS activist, and LGBT rights activist living in Tasmania. Tasmania criminalized same-sex sexual conduct among men under ss 122 and 123 its criminal code; it was the last remaining state or territory of Australia to do so, the remainder having repealed such laws. Toonen brought a communication before the …Read more

The Appellant, Doe, brought this suit against the City of New York  (the City) and the City of New York Commission on Human Rights (the Commission) alleging that they breached his constitutional right to privacy. Doe filed an action with the Commission against his former employer, Delta Air Lines (Delta), alleging that Delta did not …Read more

The Appellant, Doe, a prisoner incarcerated in Kentucky, brought this challenge alleging his constitutional rights under the Eighth and Fourteenth Amendments were violated by Policy 13.5 (the Policy), a Kentucky rule which restricted the eligibility of inmates for “at-request” HIV testing. In January 1989, at an initial medical screening following his incarceration, Doe requested that …Read more