A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

The defendant, Jeremy Rodriguez, was an inmate at FCI Elkton, a federal detention centre in Elkton, Ohio. Rodriguez was serving the seventeenth year of a twenty-one year mandatory minimum sentence for drug distribution and unlawful firearm possession, and was one year away from becoming eligible for home confinement, when the COVID-19 pandemic erupted in the …Read more

The Petitioners were a group of individuals being held in civil detention by Immigration and Customs Enforcement (ICE) at three locations: the York County Prison, the Clinton County Correctional Facility, and the Pike County Correctional facility, while awaiting the final disposition of their immigration cases. With the rapid and expansive spread of the novel coronavirus …Read more

Plaintiffs Laddy Curtis Valentine (“Valentine”) and Richard Elvin King (“King”) were inmates at Wallace Pack Unit (“Pack Unit”), a geriatric state prison run by the Texas Department of Criminal Justice (“TDCJ”) in Grimes County, Texas. On March 30, 2020, plaintiffs filed a complaint, alleging that the defendants, TDCJ Executive Director Bryan Collier (“Collier”), Pack Unit …Read more

The applicant’s husband underwent a surgery to remove nasal polyps. He suffered from severe headaches and went back to the emergency department. The duty doctor prescribed him some tranquilizer stating it was some psychological problem. As the headaches did not subside, a medical team examined him the next day and found that he was suffering …Read more

Defendant Governor Dannel Malloy declared a public health emergency in Connecticut in March 2014, in response to an Ebola outbreak in the West African countries of Guinea, Liberia and Sierra Leone. This Emergency Declaration authorized Defendant Dr. Mullen, the State Commissioner of Public Health, to quarantine individuals whom she reasonably believed were at risk of …Read more

The Claimant, Caleb Orozco, a citizen of Belize was a homosexual male and a health educator. In the Supreme Court of Belize, he challenged the constitutional validity of Section 53 of the Belize Criminal Code to the extent that it criminalized anal sex between two consenting male adults. Section 53 of the Criminal Code stated …Read more

The plaintiff, Kaci Hickox, brought a civil rights action against Governor Christie and state public health officials, alleging that her 80-hour quarantine, upon returning to the United States after caring for Ebola patients in West Africa, violated her rights under the Fourth and Fourteenth Amendments. Prior to the plaintiff’s return to the United States, a …Read more

The applicant and his daughter were admitted to the hospital as they suffered from serious dysentery after drinking tap water. She ensued action against the State-owned utilities provided. The District Court ruled in her favor. The Higher Courts confirmed the findings of the first instance but reduced the award by more than half of the …Read more

The appellant was convicted and sentenced to nine months of imprisonment under Section 192 of the Malawian Penal Code. Section 192 made it an offence to negligently engage in an act, which was likely to spread a dangerous life-threatening disease. E.L (the appellant) was HIV positive undergoing Anti Retroviral Treatment (ART). It was alleged that …Read more

President Kenyatta issued a directive to national government entities to prepare a report collecting data on all school-going children who were living with HIV and AIDS. Further the directive also mandated data on the guardians of such children, expectant mothers living with HIV and breastfeeding mothers who are HIV positive. The data was to be …Read more

The Public Health Officer in the Nandi Central District arrested the petitioners- Daniel Ng’etich and Patrick Kipng’etich Kirui stating that they had failed to take the prescribed TB Medications. Under Section 27 of the Public Health Act, a magistrate could order the isolation and detention of a person who has been exposed to an infection. …Read more

The applicant has been a heroin addict since 1973, suffered from hepatitis C since 1975 and been HIV-positive since 1988. Attempts to overcome his heroin addiction through various treatments failed, and from 1991 to 2008 he was treated with drug substitution therapy. In 2008, the applicant was arrested on suspicion of drug trafficking and detained …Read more

The case concerned whether France could permanently defer men who have had sex with another man from blood donation. Mr. Léger went to a collection center to donate blood, but his blood donation was refused on the ground that he had had sexual intercourse with another man. The decision was based on a French decree …Read more

The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea.  Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more

The Petitioner, AIDS Law Project, brought suit against the Government of Kenya, arguing that Section 24 of the HIV and AIDS Prevention and Control Act, No. 14 of 2006 (the Act) was unconstitutional. The Petitioner argued that Section 24 of the Act was vague and overbroad, and therefore unconstitutional. Section 24 imposed criminal sanctions upon …Read more

Case 1: Tapela and Piye, two Zimbabwean nationals imprisoned in Botswana, both contracted HIV in prison. They were refused antiretroviral treatment for their condition based on a internal directive issued by the national government to all public medical institutions and personnel on March 26, 2004, indicating that testing, assessment, and treatment with antiretroviral and highly active …Read more

The appellant was diagnosed as a carrier of hemophilia A as an infant. Since she was a factor VII deficient, she had to get factor replacement therapy to cover any surgical or dental operation. The appellant was treated with a variety of blood products in the course of her childhood and teenage years including a …Read more

This case is an appeal from an award of damages granted to the appellant pursuant to the Hepatits C Compensation Tribunal Acts. The appellant contracted hepatitis C in 1977 after being given an anti D injection that “came from a batch infected with hepatitis C.” In 1998, pursuant to the Hepatitis C Compensation Tribunal Acts, …Read more

The Minister of Labour, Health and Social Affairs of Georgia issued orders by which “homosexuals” were prohibited from donating blood or its components. The plaintiffs self-identified as homosexuals and, accordingly were impacted by the order. The plaintiffs alleged that the regulations of the Minister of Labour, Health and Social Affairs of Georgia were in contradiction …Read more

Nikolai Valetov, a Russian national, was arrested and charged in June 2001 with murder by Kyrgyzstan authorities while living in Kyrgyzstan. In addition to maintaining that he was framed for this crime by the police, Valetov further claimed that he was tortured by the police so severely while in pre-trial detention that he was permanently …Read more

Appellant Rosemary Namubiru was charged with and convicted of committing a negligent act likely to spread infection of disease, contrary to Section 171 of Uganda’s Penal Code Act. Appellant worked as a nurse at Victoria Clinic, a public hospital in Kampala. On 7 January 2013, appellant began intravenous administration of antibiotics to two-year-old Mathew Mushabe. …Read more

Rhoades was diagnosed with HIV in 1998 and began receiving treatment for the disease from the University of Iowa Hospitals and Clinics every three to six months beginning in 2005. In 2008, Rhoades was informed that his viral load was non-detectible. Later that year, he met A.P. on a social networking cite that listed Rhoades …Read more

The applicants, two prisoners with HIV and an interested non-governmental organization, complain that the policy of denying Highly Active Antiretroviral Therapy (“HAART”) to non-citizen inmates is a violation of the rights of such non-citizen prisoners under the Constitution of Botswana. HAART is a drug treatment that helps control HIV mutation and reduces the likelihood of …Read more

This judgment deals with motions by the federal and provincial Crowns to strike out the plaintiffs’ claims on the ground that the claims disclosed no reasonable cause of action against the federal or provincial government. The plaintiffs’ 5-year-old daughter, died five days after she received the H1N1 influenza virus vaccine. The daughter was in good …Read more

Amirov is a local politician who was arrested and charged in June 2013 with attempted murder, attempting to organize a terrorist attack, and related charges. Amirov was paralyzed in 1993 and requires constant medical care.   Amirov argued that he should not be detained pending trial because of his poor health, age and position in the …Read more

The application was lodged by Centre for Legal Resources (CLR) on behalf of Campeanu, who was born in 1985 and died in 2004. He was abandoned at birth and was diagnosed as being HIV positive and suffered from a mental disability. In 2003, Mr. Campeanu had to leave the centre. Two assessments of his health …Read more

Appellants were appealing the denial of bail after being charged with armed robbery using firearms, attempted murder and violating a drug law. The first appellant contended that he suffered from pneumonia and frequent sinus problems that required high levels of ventilation and protection from colds, which would not be provided when in custody. Both appellants …Read more

Arman Antonyan, the son of the applicant Susanna Antonyan, died upon receiving treatment at a medical institution. A. Antonyan’s death was caused by acute liver failure resulted from the fulminant viral malignant hepatitis B. On May 31, 2010, S. Antonyan reported to the RA General Prosecutor’s Office that after her son A. Antonyan received treatment …Read more

As a result of his alleged non-disclosure of his HIV-positive status to 3 complainants prior to engaging in sexual relations, the appellant (defendant), Lester Felix, was convicted of five counts of aggravated sexual assault and one count of sexual assault. Felix appealed all convictions. There was no evidence of the appellant’s level of risk of …Read more