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197 judgments found.
Country:
United States Year: 1995
Court: 3rd Circuit Court of Appeal
Citation: 72 F.3d 1133 (1995)
Health Topics:
HIV/AIDS,
Infectious diseases,
Occupational health Human Rights: Right to favorable working conditions,
Right to privacy Facts: The Appellant, Doe, was an HIV-positive employee of Respondent SEPTA. Doe brought this constitutional challenge after SEPTA reviewed his prescription drug records for the purpose of monitoring its employee prescription plan. Doe claimed that SEPTA infringed his right to privacy implicit in the right to due process in the Fourteenth Amendment to the Constitution. Doe …Read more
Tags: AIDS,
Confidentiality,
Disclosure,
Employment,
Health information,
HIV,
HIV positive,
HIV status,
Medical records,
People living with HIV/AIDS,
PLHIV,
Secrecy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
United States Year: 1995
Court: 7th Circuit Court of Appeal
Citation: 72 F.3d 518 (1995)
Health Topics:
Health information,
HIV/AIDS,
Infectious diseases,
Prisons,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to privacy Facts: 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
Tags: AIDS,
Confidentiality,
Cruel and unusual punishment,
Detention,
Disclosure,
Gay,
Health information,
HIV,
HIV positive,
HIV status,
Homosexual,
Imprisonment,
Incarceration,
Inmate,
Jail,
Medical records,
Non-disclosure,
People living with HIV/AIDS,
PLHIV,
Secrecy,
Sexual orientation,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Torture
Country:
Canada Year: 1995
Court: Supreme Court
Citation: [1995] 3 S.C.R. 674, [1995] S.C.J. No. 79
Health Topics:
HIV/AIDS,
Infectious diseases,
Medical malpractice,
Sexual and reproductive health Facts: The plaintiff was infected with HIV through an artificial insemination (“AI”) procedure performed by the defendant physician in 1985, before the various methods of HIV transmission were widely known. The physician performed 35 AI procedures on the plaintiff between 1981 and January 1985. The physician did not warn the plaintiff about the possibility of HIV …Read more
Tags: Assisted reproductive technology,
Compensation,
Damages,
Duty of care,
HIV,
HIV positive,
In utero fertilization,
Negligence,
Non-pecuniary damage,
People living with HIV/AIDS,
PLHIV,
Remedies,
Sexually transmitted diseases,
Sexually transmitted infections,
Standard of care,
STDs,
STIs,
Tort,
Transmission
Country:
Canada Year: 1994
Court: Federal Court - Trial Division
Citation: [1994] 3 F.C. 38
Health Topics:
Disabilities,
Health care and health services,
HIV/AIDS,
Medicines,
Occupational health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to work Facts: Simon Thwaites filed a complaint against the Canadian Armed Forces (CAF), alleging that it discriminated against him under the Canadian Human Rights Act (CHRA) by restricting his employment because of his HIV-positive status. Thwaites enlisted in the CAF in 1980 and by 1986 had risen to the rank of master seaman, a position that primarily …Read more
Tags: Access to treatment,
Antiretrovirals,
ARVs,
Disabled,
Employment,
Gay,
Health care professionals,
Health care workers,
HIV,
HIV positive,
HIV status,
Homosexual,
Job safety,
LGBTI,
Military,
People living with HIV/AIDS,
PLHIV,
Sexual orientation
Country:
Australia Year: 1994
Court: United Nations Human Rights Committee
Citation: CCPR/C/50/D/488/1992
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: 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
Tags: Access to health care,
Access to treatment,
AIDS,
Awareness,
Criminalization,
Gay,
Health education,
Health promotion,
HIV,
HIV positive,
HIV status,
Homosexual,
Law enforcement,
LGBTI,
Most-at-risk,
People living with HIV/AIDS,
PLHIV,
Queer,
Sexual orientation,
Sodomy
Country:
United States Year: 1994
Court: 2nd Circuit Court of Appeal
Citation: 15 F.3d 264 (1994)
Health Topics:
Health information,
HIV/AIDS,
Infectious diseases,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to privacy Facts: 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
Tags: AIDS,
Confidentiality,
Disclosure,
Employment,
Gay,
Health information,
HIV,
HIV positive,
HIV status,
Homosexual,
LGBTI,
Medical records,
Non-disclosure,
People living with HIV/AIDS,
PLHIV,
Secrecy,
Sexual orientation,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
United States Year: 1994
Court: 6th Circuit Court of Appeal
Citation: 21 F.3d 733 (1994)
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Infectious diseases,
Medicines,
Prisons Human Rights: Right of access to information,
Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: 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
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Antiretrovirals,
ARVs,
Confidentiality,
Cruel and unusual punishment,
Detention,
Disclosure,
Examination,
First-line treatment,
Health data,
Health information,
Heart disease,
Imprisonment,
Inmate,
Jail,
Medical records,
Non-disclosure,
Noncommunicable diseases,
Pharmaceuticals,
Second-line treatment,
Secondary care,
Secrecy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Tertiary care,
Torture
Country:
United States Year: 1994
Court: 10th Circuit Court of Appeal
Citation: 26 F.3d 989 (1994)
Health Topics:
Health information,
HIV/AIDS,
Infectious diseases Human Rights: Right to privacy Facts: The Appellant brought this appeal challenging the District Court’s grant of summary judgment declaring that the Appellant had not suffered an “injury in fact” and therefore had no standing. The Appellant was arrested at a retail store and the arresting police officer discovered, through a piece of paper in the Appellant’s wallet, that the Appellant …Read more
Tags: AIDS,
Confidentiality,
Disclosure,
Health information,
HIV,
HIV positive,
HIV status,
People living with HIV/AIDS,
PLHIV,
Secrecy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
United States Year: 1994
Court: Court of Appeals of Georgia
Citation: 443 SE 2d 491 (1994)
Health Topics:
Health information,
HIV/AIDS,
Sexual and reproductive health Human Rights: Right to privacy Facts: The plaintiff brought suit for invasion of privacy against the defendant, a broadcasting company, for the failure to adequately digitize the claimant’s image in a televised show on the topic of AIDS. The plaintiff was diagnosed with AIDS in 1987. While originally depressed and in poor condition after diagnosis, the plaintiff had a turnaround in …Read more
Tags: AIDS,
Confidentiality,
Disclosure,
Gay,
HIV,
HIV positive,
HIV status,
Homosexual,
LGBTI,
Non-disclosure,
People living with HIV/AIDS,
PLHIV,
Secrecy
Country:
Colombia Year: 1992
Court: Constitutional Court
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Poverty Human Rights: Freedom from discrimination,
Right to health,
Right to life Facts: The Petitioner, a Colombian national living with HIV, filed an appeal for legal protection against the Colombian Social Security Institute. The Petitioner claimed that his right to medical services was threatened when a doctor at the Cali Social Security Institute informed him that his treatment would cease in 30 days. However, medical directors at the …Read more
Tags: Access to treatment,
AIDS,
Health expenditures,
Health funding,
Health spending,
Indigent,
Low income,
People living with HIV/AIDS,
PLHIV,
Poor,
Social security,
Underprivileged
Country:
France Year: 1992
Court: European Court of Human Rights
Citation: App. No. 18020/91, 14 Eur. H.R. Rep. 483 (1992).
Health Topics:
Health care and health services,
Health systems and financing,
HIV/AIDS,
Infectious diseases,
Medical malpractice Human Rights: Right of access to information,
Right to due process/fair trial Facts: The applicant was given a number of blood transfusions and was found to have been infected with the AIDS virus. He alleged that he had been infected a result negligent delay of the Minister for Solidarity, Health and Social Protection in implementing appropriate rules for the supply of blood products. After having made unsuccessful efforts …Read more
Tags: AIDS,
Blood transfusion,
Compensation,
Damages,
HIV,
HIV positive,
HIV status,
Negligence,
People living with HIV/AIDS,
PLHIV,
Remedies,
Sexually transmitted diseases,
Sexually transmitted infections,
Smallpox,
STDs,
STIs,
Transmission
Country:
United States Year: 1991
Court: 9th Circuit Court of Appeal
Citation: 941 F.2d 780 (1991)
Health Topics:
Disabilities,
Health care and health services,
Health information,
HIV/AIDS,
Hospitals,
Infectious diseases Human Rights: Freedom from discrimination,
Right to privacy Facts: John Doe brought a lawsuit against the Federal Bureau of Investigation (FBI) and Agent Held alleging that they discriminated against him by ceasing to send agents to him for physical examinations because of his AIDS. John Doe was a physician who gave physical examinations to FBI agents and to potential agents in the hiring process. …Read more
Tags: AIDS,
Clinics,
Confidentiality,
Disabled,
Employment,
Examination,
Handicapped,
Health care professionals,
Health care workers,
HIV,
HIV positive,
Law enforcement,
People living with HIV/AIDS,
PLHIV
Country:
United States Year: 1991
Court: 11th Circuit Court of Appeal
Citation: 941 F.2d 1495 (1991)
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Infectious diseases,
Informed consent,
Prisons Human Rights: Freedom from discrimination,
Right to privacy Facts: The Appellants brought this challenge to the constitutionality of an Alabama statute which authorized the Alabama Department of Correction’s (DOC) policy of mandatory testing of all present and future Alabama state prisoners for HIV antibodies, as well as the forced segregation of HIV-positive inmates. Two classes were involved in the action: the Appellant class, which …Read more
Tags: Access to health care,
Access to treatment,
AIDS,
Compulsory testing,
Confidentiality,
Cruel and unusual punishment,
Detention,
Disclosure,
Health information,
HIV,
HIV positive,
HIV status,
Imprisonment,
Incarceration,
Inmate,
Involuntary testing,
Jail,
Mandatory testing,
Medical records,
Non-consensual testing and treatment,
Non-disclosure,
People living with HIV/AIDS,
PLHIV,
Primary care,
Secrecy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Torture
Country:
United States Year: 1991
Court: United States District Court, D. Massachusetts
Citation: Glanz v. Vernick 756 F. Supp. 632 (D. Mass. 1991)
Health Topics:
Health care and health services,
HIV/AIDS,
Hospitals Human Rights: Freedom from discrimination,
Right to health Facts: In 1989, plaintiff’s decedent, Raymond Vadnais brought this suit against defendants, Dr. Vernick and Beth Israel, alleging discrimination in violation of Section 504 of the Rehabilitation Act of 1973. Mr. Vadnais claimed that Dr. Vernick, an employee of the Beth Israel’s Ear Nose and Throat Clinic, refused to perform elective ear surgery on him because …Read more
Tags: Access to health care,
Access to treatment,
Clinics,
HIV positive,
HIV status,
Public hospitals
Download Judgment:
Country:
United States Year: 1990
Court: 5th Circuit Court of Appeal
Citation: 909 F.2d 820 (1990)
Health Topics:
Health information,
HIV/AIDS,
Infectious diseases Human Rights: Freedom from discrimination,
Right to favorable working conditions,
Right to privacy Facts: Appellant Leckelt, a licensed practical nurse, was discharged by his hospital employer when he refused to provide the hospital with his HIV antibody test results. In his capacity as a nurse, Leckelt performed a number of functions, including administering medication orally and by injection, and working in the intensive care unit and the emergency room. …Read more
Tags: AIDS,
Confidentiality,
Disclosure,
Employment,
Health information,
HIV,
HIV positive,
HIV status,
People living with HIV/AIDS,
PLHIV,
Secrecy,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
India Year: 1989
Court: High Court - Bombay
Citation: AIR 1990 Bom 355
Health Topics:
HIV/AIDS,
Infectious diseases Human Rights: Freedom of movement and residence,
Right to due process/fair trial,
Right to liberty and security of person Facts: The Goa, Daman and Diu Public Health Act, 1985 (the Act) under Section 53(1)(vii) (the Section) gave the State Government the power to “isolate persons found to be positive for Acquired Immuno Deficiency Syndrome (AIDS), for such period and on such conditions as may be considered necessary.” The Section contained other provisions, including mandatory isolation …Read more
Tags: AIDS,
HIV,
HIV positive,
HIV status,
People living with HIV/AIDS,
PLHIV,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
Colombia Year:
Court: Constitutional Court [Corte Constitucional]
Citation: Constitutional Court, Fifth Revision Chamber, January 16, 2004, Magistrate: Dr. Rodrigo Escobar Gil, Ruling T-011/04
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
HIV/AIDS,
Medicines Human Rights: Right to health,
Right to life,
Right to social security Facts: Jose Vicente Moreno, the plaintiff, was affiliated with the health promoting entity E.P.S. of the I.S.S. del Valle (“E.P.S of I.S.S.”). Due E.P.S. of I.S.S.’s failure to provide medical services that the plaintiff required for the treatment of a catastrophic illness, he filed an transfer request before the health promoting entity Comfenalco E.P.S. (“E.P.S. Comfenalco”), …Read more