Loading, please wait...
210 judgments found.


Mechenkov v. Russia

Country: Russia
Year: 2008
Court: European Court of Human Rights
Citation: App. No. 35421/05, Eur. Ct. H.R. 122 (2008).
Health Topics: Health care and health services, Health information, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Applicant, a Russian national serving a prison sentence and suffering from tuberculosis and chronic hepatitis C, alleged the state violated his Article 3 rights under the European Convention on Human Rights (ECHR) because he was denied the necessary medical treatment. He also alleged that he was  held with inmates suffering from active tuberculosis and hepatitis …Read more

Tags: Access to health care, Access to treatment, Custody, Degrading treatment, Detainee, Detention, Health records, Hepatitis, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Medical records, Prison conditions, TB, Tuberculosis
Download Judgment: English

Solomakhin v. Ukraine

Country: Ukraine
Year: 2008
Court: European Court of Human Rights
Citation: [2012] ECHR 24429/03
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity, Right to privacy
Facts:

The applicant, Sergey Solomakhin, visited Donetsk City Hospital on November 23rd, 1998. There, he was diagnosed with an acute respiratory disease and prescribed out-patient treatment. On his next visit, the hospital conducted a diphtheria vaccine reaction test, and he did not react to the diphtheria antigens. On November 28th, 1998, he was vaccinated against diphtheria. …Read more

Tags: Compensation, Damages, Diagnostics, Drug quality, Drug safety, Examination, Hepatitis, Inappropriate treatment, Involuntary treatment, Noncommunicable diseases, Patient choice, Public hospitals, Respiratory diseases, Testing, Unauthorized treatment, Vaccination, Vaccines
Download Judgment: English

M. Chinnaiyan v. Sri Gokulam Hospital and another

Country: India
Year: 2007
Court: National Consumer Disputes Redressal Commission
Citation: III (2007) CPJ 228 NC;
Health Topics: Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity
Facts:

R. Lalitha, late wife of the Petitioner, M. Chinnaiyan underwent an operation in Sri Gokulam Hospital, the 1st Respondent (R1). In the post operative period, two units of blood from Queen Mary’s Laboratory, the 2nd Respondent (R2), was transfused into her. Soon thereafter, she developed many infections and tested positive for HIV. She later died …Read more

Tags: Blood transfusion, Duty of care, Examination, Negligence, Patient choice, Reimbursement, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing
Download Judgment: English

Khudobin v. Russia

Country: Russia
Year: 2007
Court: European Court of Human Rights
Citation: Application No. 59696/00; (2006) ECHR 898
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person
Facts:

Mr. Khudobin, a Russian national, filed an application against the Russian Government for allegedly violating several articles of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). The applicant was arrested after he was caught supplying heroin to an undercover police agent. He was placed in custody during pre-trial investigations and …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug enforcement, Examination, Hepatitis, Heroin, HIV, HIV positive, HIV status, Inhuman treatment, Insanity, Lung disease, Measles, Mental disorder, Mental illness, Morphine, Neurological diseases, Noncommunicable diseases, People living with HIV/AIDS, PLHIV, Pneumonia, Prison conditions, Psychiatry, Pulmonary diseases, Respiratory diseases
Download Judgment: English Azeri French Georgian

Defensor del Pueblo de la Nación v. Estado Nacional et al.

Country: Argentina
Year: 2007
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 18/9/2007, "Defensor del Pueblo de la Nación c/ Estado Nacional y otra (Provincia del Chaco) s/proceso de conocimiento," (D. 587. XLIII) (Arg.).
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Infectious diseases, Poverty, Water, sanitation and hygiene
Human Rights: Right to bodily integrity, Right to education, Right to food, Right to health, Right to life, Right to participation, Right to water and sanitation, Right to work
Facts:

Argentina’s Human Rights Ombudsman brought a claim against the National Government and the Province of Chaco to force Respondents to take the necessary measures to improve the deleterious living conditions of an indigenous community in Chaco that amounted to circumstances of extreme emergency. The Ombudsman claimed that the community lacked fundamental and basic necessities as …Read more

Tags: Access to health care, Access to treatment, Budget, Chagas, Clean water, Drinking water, Food shortages, Indigenous groups, Indigent, Low income, Malnutrition, Non-communicable diseases, Poor, Potable water, Safe drinking water, Starvation, Tuberculosis, Underprivileged
Download Judgment: English Spanish

Case RE 399664/SP

Country: Brazil
Year: 2007
Court: Federal Supreme Court
Citation: Recurso Extraordinario, RE 399664/SP, Supremo Tribunal Federal [Federal Supreme Court] (2007).
Health Topics: Health care and health services, Health systems and financing, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

A Chief of Police contracted Hepatitis C while intervening in the attempted suicide of a prisoner. The the Court of Justice of São Paulo held that the state and its health system were responsible for providing him, an individual in financial need, with medications to treat his Hepatitis C. The State of São Paulo filed an extraordinary …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Budget, Health expenditures, Health funding, Health regulation, Health spending, Low income, Poor
Download Judgment: Portuguese

Laura Albán-Cornejo v. Ecuador

Country: Ecuador
Year: 2007
Court: Inter-American Court of Human Rights
Citation: Inter-Am. Ct. H.R. (ser. C) No. 171 (Nov. 22, 2007).
Health Topics: Health care and health services, Infectious diseases, Medical malpractice
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to life
Facts:

On December 13, 1987, Laura Susana Albán-Cornejo was admitted to a private health institution from expressed symptoms of bacterial meningitis. On December 17, 1987, Albán-Cornejo suffered severe pain for which the resident physician prescribed a 10 mg. dose of morphine. The next day, while under medical treatment, Albán-Cornejo died. The parents, who were with their …Read more

Tags: Compensation, Damages, Duty of care, Inappropriate treatment, Meningitis, Negligence, Remedies, Standard of care
Download Judgment: English Spanish

Titiahonjo v. Cameroon

Country: Cameroon
Year: 2007
Court: United Nations Human Rights Committee
Citation: CCPR/C/91/D/1186/2003
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons, Sexual and reproductive health, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right to due process/fair trial, Right to liberty and security of person, Right to life, Rights to the benefits of culture
Facts:

The author of the communication was the wife of the alleged victim, a Cameroon citizen. The author alleged that a group of police officers broke into her house without a warrant, claiming to be looking for a gun,  and began beating her husband (as well as battering the author, who was in an advanced state …Read more

Tags: Abuse, Access to drugs, Access to health care, Access to medicines, Access to treatment, Assault, Childbirth, Cleanliness, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Pregnancy, Prison conditions, Solitary confinement, Starvation, Torture, Violence against women
Download Judgment: English

Testa v. Croatia

Country: Croatia
Year: 2007
Court: European Court of Human Rights
Citation: App. No. 20877/04, 47 Eur. H.R. Rep. 29 (2008)
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Infectious diseases, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to privacy
Facts:

Applicant, a Croatian prisoner, alleged that the prison authorities violated her rights under Article 3 of the Convention because she was not provided with adequate medical treatment and necessary medical check-ups for her illness (chronic hepatitis), nor did she receive an adequate diet or sufficient opportunity to take necessary rest. Consequently, she lost control over …Read more

Tags: Access to health care, Access to treatment, Cleanliness, Cruel treatment, Degrading treatment, Diet, Hepatitis, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Liver disease, Malnutrition, Sewage, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English Croatian

E.M. and others v. Romania

Country: Romania
Year: 2007
Court: The European Court of Human Rights
Citation: Application no. 20192/07 E.M. and others against Romania
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health care and health services, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to life
Facts:

The applicants in this case were the wife and children of Mr. I.M. who was diagnosed with icterus and went through investigations and treatment. After being hospitalized, it was confirmed that he had “cholestatic jaundice due to cholestatic calculus – left renal lithiasis clinically significant for approximately three days”; he and his family hadn’t been …Read more

Download Judgment: English

Pramod Bhagwan Nayak v. State of Gujarat

Country: India
Year: 2006
Court: High Court - Gujarat
Citation: (2007) 1 GLR 796
Health Topics: Child and adolescent health, Health care and health services, HIV/AIDS, Infectious diseases, Poverty, Prisons, Public safety, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

The petitioner was challenging an order of detention for allegedly engaging in trafficking of women and girls. The grounds of the order were that petitioner was an “immoral traffic offender” which is “a person who habitually commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, …Read more

Tags: AIDS, Assault, Children, Contraception, Criminalization, Custody, Detention, Examination, Family planning, HIV, Minor, Poor, Sex workers, Sexual abuse, Sexual assault, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing, Underprivileged
Download Judgment: English

EN and Others v. Government of the RSA and Others

Country: South Africa
Year: 2006
Court: High Court - Durban and Coast Local Division
Citation: 2006 (6) SA 575 (D); 2007 (1) BCLR 84 (SAHC Durban 2006)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Right to due process/fair trial, Right to life
Facts:

This is an application for leave to appeal an interim implementation order. In the main application fifteen prisoners were successful in compelling the State to provide them, and other similarly situated prisoners living with HIV/AIDS, with antiretroviral (ARV) treatment while they were incarcerated at the Westville Correctional Centre (WCC) in KwaZulu-Natal province. The Respondents filed …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Detention, First-line treatment, HIV positive, Imprisonment, Incarceration, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

EN and Others v. Government of RSA and Others (No. 1)

Country: South Africa
Year: 2006
Court: High Court - Durban and Coast Local Division
Citation: 2006 (6) SA 543 (D); 2007 (1) BCLR 84 (D)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Right to health
Facts:

An urgent application was filed on behalf of fifteen prisoners living with HIV/AIDS who required antiretroviral (ARV) treatment while incarcerated at the Westville Correctional Centre (WCC) in KwaZulu-Natal province. The Applicants were acting in their individual capacities and as representatives of the class of prisoners incarcerated at WCC. The sixteenth applicant was the Treatment Action …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Custody, Detention, Essential medicines, First-line treatment, Health expenditures, Health funding, Health spending, HIV, HIV positive, Imprisonment, Incarceration, Inmate, Jail, People living with HIV/AIDS, Pharmaceuticals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Henares, et al. v. Land Transportation Franchising and Regulatory Board, et al.

Country: Philippines
Year: 2006
Court: Supreme Court
Citation: G.R. No. 158290
Health Topics: Chronic and noncommunicable diseases, Environmental health, Infectious diseases
Human Rights: Right to a clean environment
Facts:

The Petitioners sought to require the Land Transportation Franchising and Regulatory Board and the Department of Transport and Communications to use compressed natural gas (CNG) in their public utility vehicles. They alleged that particulate matter emitted from vehicles had caused serious health problems and lowered the overall quality of life, and contended that this problem …Read more

Tags: Air pollution, Contamination, Environmental degradation, Environmental hazards, Pollution, Respiratory diseases, TB, Tuberculosis
Download Judgment: English

R (on the application of Axon) v. Secretary of State for Health and Anr.

Country: United Kingdom
Year: 2006
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2006] EWHC 37 (Admin)
Health Topics: Child and adolescent health, Health care and health services, Health information, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom of expression, Right of access to information, Right to family life, Right to privacy
Facts:

The Applicant, Sue Axon, alleged that the Family Planning Association violated the rights of parents under article 8 of the European Convention on Human Rights (ECHR) (right to respect for private and family life). The Association provided confidential advice and treatment regarding contraception, sexually transmitted infections and abortion to persons under the age of sixteen …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Birth control, Childbirth, Children, Confidentiality, Contraception, Contraceptives, Disclosure, Family planning, Maternal health, Maternal mortality, Minor, Non-disclosure, Notification, Parental consent, Parental notification, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Termination of pregnancy
Download Judgment: English

Sesana v. Attorney General

Country: Botswana
Year: 2006
Court: High Court - Lobatse
Citation: Misca. No. 52 of 2002
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Infectious diseases, Informed consent, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to participation, Right to property
Facts:

In March 2002, the Botswana Government terminated certain basic services to the Central Kalahari Game Reserve (CKGR), including access to: Drinking water; Maintenance of borehole water; Rations to registered destitute; Rations to registered orphans; Transport for the applicants’ children to and from school; and Healthcare to the applicants through mobile clinics and ambulance services. The …Read more

Tags: Access to health care, Access to treatment, Child development, Children, Drinking water, Food, Forced displacement, Hunger, Indigenous groups, Indigent, Informed choice, Low income, Minor, Poor, Potable water, Primary care, Refugees, Starvation, Underprivileged
Download Judgment: English

State of Rio Grande do Sul v. Luiz Marcelo Dias

Country: Brazil
Year: 2006
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: State of Rio Grande do Sul v. Luiz Marcelo Dias, RE 393175-0/RS, Supremo Tribunal Federal [Federal Supreme Court] (2006).
Health Topics: Health care and health services, Infectious diseases, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The State of Rio Grande do Sul filed an extraordinary appeal against the decision of the lower court, which found the State was responsible for providing medication free of charge, to an individual with HIV who could no longer afford the medications. The State argued that it was not responsible for the provision of free …Read more

Tags: Access to medicines, AIDS, Antiretrovirals, ARVs, Budget, Health spending, HIV, People living with HIV/AIDS
Download Judgment: Portuguese

Miguel Castro-Castro Prison v. Peru

Country: Peru
Year: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R., Judgment, Inter-Am. Ct. H.R. (ser. C) No. 160 (Nov. 25, 2006).
Health Topics: Diet and nutrition, Disasters and emergencies, Health care and health services, Health information, Hospitals, Infectious diseases, Medicines, Mental health, Prisons, Sexual and reproductive health, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to privacy
Facts:

During the conflict between armed groups and government forces that lasted from the 1980s until 2000, the government of Alberto Fujimori issued a law decree on April 6, 1992, ordering “the reorganization of the National Penitentiary Institute (INPE) and put[ting] the National Police of Peru in charge of the control of security at the penitentiaries.” …Read more

Tags: Abuse, Access to drugs, Access to medicines, Access to treatment, Armed conflict, Assault, Childbirth, Clean water, Cleanliness, Compulsory examination, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Dehydration, Detainee, Detention, Diet, Drinking water, Emergency care, Execution, Forced examination, Health records, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Involuntary examination, Jail, Law enforcement, Maternal health, Medical records, Military, Militias, Police, Pregnancy, Prison conditions, Rape, Safe drinking water, Sexual abuse, Sexual assault, Sexual violence, Solitary confinement, TB, Torture, Tuberculosis, Violence against women
Download Judgment: English

Case 3015/2006

Country: Spain
Year: 2006
Court: Supreme Court
Citation: STS 3015/2006
Health Topics: Health systems and financing, Infectious diseases, Medicines
Human Rights: Right to health
Facts:

Appellant alleged that a resolution issued by the General Directorate of Pharmacy and Chemical Products (GDPCP) violated provisions in Spain’s Law of Medicines and General Law of Health by restricting the distribution of the pharmaceutical Rebetol for reasons other than objective reasons of health. When new pharmaceutical drugs were developed in Spain, owners of the …Read more

Tags: Access to drugs, Access to medicines, Essential medicines, Health insurance, Health regulation, Health spending, Hepatitis, Pharmaceuticals, Pricing, Social security, Subsidies
Download Judgment: English Spanish

Melnik v. Ukraine

Country: Ukraine
Year: 2006
Court: European Court of Human Rights
Citation: App. No. 72286/01, Eur. Ct. H.R. (2006).
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Mental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The applicant, a private citizen of Ukraine, was convicted in the Vinnytsia District Court for the unlawful possession of a quantity of opium with the premeditated intent to sell along with a group of persons. The District Court sentenced the applicant to five years imprisonment. During the trial, the applicant had refused the representation of …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Cleanliness, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Drug abuse, Drug use, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Opioids, Opium, People who use drugs, Prison conditions, Substance abuse, TB, Tuberculosis
Download Judgment: English

Staykov v. Bulgaria

Country: Bulgaria
Year: 2006
Court: The European Court of Human Rights
Citation: Application No. 49438/99
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person
Facts:

The applicant was arrested. He was charged with murder of an 81 year old. He was detained. All his applications for release were denied before and after his conviction. He stated that the case against him was weak, there was no risk of flight and his health was deteriorating. He was finally released on bail. …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Health facilities, Imprisonment, Inhuman treatment, Inmate, Jail, Lung disease, Noncommunicable diseases, Prison conditions, Tuberculosis
Download Judgment: English

POPOV v. RUSSIA

Country: Russia
Year: 2006
Court: The European Court of Human Rights
Citation: CASE OF POPOV v. RUSSIA
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant was detained on 14 May 2002for a murder he was suspected of committing, without an order of detention given tom him and with a notification made to his mother. After he was transferred to remand prison in Moscow, his advocate complained to the prosecutor that there had been a procedural error in identification …Read more

Download Judgment: English

Mr. X v. Chairman, State Level Police Recruitment Board and Ors

Country: India
Year: 2005
Court: High Court - Andhra Pradesh
Citation: 2006 (2) ALD 513; 2006 (2) ALT 82
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination, Right to life, Right to work
Facts:

Mr. X, the Petitioner,  was an armed reserve police constable and had applied for the post of stipendiary cadet trainee sub-inspector of police (civil). He passed the physical test and the written exam, on the basis of which he was provisionally selected for the post. During the medical examination, however, he tested positive for HIV. …Read more

Tags: HIV positive, HIV status, Occupational health and safety, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Leonel v. American Airlines

Country: United States
Year: 2005
Court: 9th Circuit Court of Appeal
Citation: 400 F.3d 702 (2005)
Health Topics: Disabilities, Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination
Facts:

The Appellants, Leonel and others, were persons living with HIV. They applied for and were granted offers for flight attendant positions with American Airlines (American). Upon discovery of their HIV-positive status, American rescinded Appellants’ job offers, citing their failure to disclose information during their medical examinations. The Appellants had originally been given conditional offers of …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
Download Judgment: English

Pehle v. Farm Bureau Life Insurance

Country: United States
Year: 2005
Court: 10th Circuit Court of Appeal
Citation: 397 F.3d 897 (2005)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice
Facts:

Gary and Renna Pehle (“Appellants”), husband and wife, applied for life insurance with the Farm Bureau Life Insurance Company (“Farm Bureau”) in Wyoming in 1999. As part of the application process, the Pehle’s submitted a blood test. The test was contracted to LabOne, an independent company located in Kansas. Both Appellants tested positive for Human …Read more

Tags: AIDS, Duty of care, Health records, HIV, HIV positive, HIV status, Medical records, Negligence, Sexually transmitted diseases, Testing
Download Judgment: English

N (FC) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 31
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health
Facts:

N, a Ugandan woman, came to London in Mach 1998 seeking asylum. Her application for asylum was rejected and the Secretary of State proposed to expel her. N was suffering from advanced HIV/AIDS, but had achieved a stable condition due to the extensive medical treatment and medication she had been receiving in the UK. If …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Degrading treatment, Essential medicines, First-line treatment, HIV, HIV positive, HIV status, Immigration, Inhuman treatment, Migrants, People living with HIV/AIDS, PLHIV, Refugees, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

State of Mato Grosso v. Marina de Almeida Andrade

Country: Brazil
Year: 2005
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: State of Mato Grosso v. Marina de Almeida Andrade, RE 400040/MT, Supremo Tribunal Federal [Federal Supreme Court] (2005).
Health Topics: Health care and health services, Health systems and financing, Infectious diseases, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The State of Mato Grosso filed an extraordinary appeal against the decision of the Court of Justice of Mato Grosso. The Court of Justice found that the State was responsible for providing free medication for the treatment of HIV/AIDS to a needy individual, even though the medication was not included in the list of medication …Read more

Tags: Access to medicines, AIDS, Antiretrovirals, ARVs, Budget, Health spending, HIV, People living with HIV/AIDS
Download Judgment: Portuguese

Luis Rolando Cuscul Pivaral, et al. (Persons Living with HIV/AIDS) v. Guatemala

Country: Guatemala
Year: 2005
Court: Inter-American Commission on Human Rights
Citation: Cuscul v. Guat., Case 642/03, Inter-Am. Comm’n H.R., Report No. 32/05, OEA/Ser.L/V/II.124, doc. 5 (2005).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to due process/fair trial, Right to health, Right to life
Facts:

Petitioners, Luis Rolando Cuscul Pivaral and 38 others living with HIV/AIDS, alleged violations of Articles 4 (life), 8 (fair trial), 24 (equal protection), 25 (judicial protection), 26 (progressive development of economic, social and cultural rights) in conjunction with rights referred to in Article 1(1) of the American Convention on Human Rights because the State failed …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, HIV
Download Judgment: English

Storck v. Germany

Country: Germany
Year: 2005
Court: European Court of Human Rights
Citation: Storck v. F.R.G., App. No. 61603/00, 43 Eur. H.R. Rep. 96 (2005).
Health Topics: Disabilities, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Applicant, a German national, alleged violations under Article 5 (right to liberty and security of person), Article 6 § 1 (right to a fair hearing) and Article 8 (right to respect for his private and family life) of the European Convention on Human Rights concerning her involuntary placement and medical treatment in a private clinic …Read more

Tags: Compensation, Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Damages, Disabled, Forced examination, Forced treatment, Inappropriate treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory testing, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Non-consensual testing and treatment, Paranoia, Psychiatry, Psychosis, Schizophrenia
Download Judgment: English French German

Enhorn v. Sweden

Country: Sweden
Year: 2005
Court: European Court of Human Rights
Citation: [2005] E.C.H.R. 56529/00
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Mental health, Public safety, Sexual and reproductive health
Human Rights: Right to liberty and security of person
Facts:

The Applicant was an HIV-positive man who had sex with men. He had transmitted HIV to another, younger man through a sexual encounter prior to his diagnosis. He was subsequently instructed by the county medical officer, among other things, not to have sexual intercourse without first disclosing to his partner that he was HIV-positive, to …Read more

Tags: Addiction, AIDS, Alcohol, Children, Clinics, Compulsory commitment, Compulsory confinement, Condoms, Counseling, Disclosure, Gay, HIV, HIV positive, Homosexual, Involuntary commitment, Involuntary confinement, Isolation, LGBTI, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Paranoia, People living with HIV/AIDS, PLHIV, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Substance abuse, Transmission
Download Judgment: English French