133 judgments found.

Etcheverry, Roberto Eduardo v. Omint Sociedad Anónima y Servicios

Country: Argentina
Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: E. 34. XXXV
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life
Facts:

The Petitioner, Roberto Eduardo Etcheverry, worked for ISC Bunker Ramos S.A between April 1992 and June 1993, and was formally employed by them until 1997. During his employment, he was a member of Omint, a health insurance company. His coverage with Omint was paid for by ISC Bunker Ramos under an unwritten arrangement. ISC Bunker …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Health insurance, HIV, People living with HIV/AIDS, Social security
Download Judgment: English Spanish

Hospital Británico de Buenos Aires v. Estado Nacional (Ministerio de Salud y Acción Social)

Country: Argentina
Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: H. 90. XXXIV
Health Topics: Controlled substances, Health care and health services, Health systems and financing, HIV/AIDS
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to property
Facts:

Hospital Británico de Buenos Aires, a private health service provider, filled a guarantee of protection of individual constitutional rights (amparo protection) against the Federal State requiring the judiciary to declare that the National Act 24.754 was contrary to articles 14, 17, 28 and 33 of the National Constitution. The law obliged private health service providers …Read more

Tags: Access to health care, Access to treatment, Addiction, AIDS, Drug use, Health funding, Health insurance, Health regulation, HIV, IDUs, Injecting drug users, People living with HIV/AIDS, People who use drugs, PLHIV, Rehabilitation, Social security, Subsidies, Substance abuse
Download Judgment: English Spanish

Miranda Cortéz, Jorge Odir, et al. v. El Salvador

Country: El Salvador
Year: 2001
Court: Inter-American Commission on Human Rights
Citation: Miranda Cortez v. El Sal., Case 12.249, Inter-Am. Comm’n H.R., Report No. 29/01, OEA/Ser.L/V/II.111 Doc. 20 rev. at 284 (2000).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to life
Facts:

Applicant filed this petition on behalf of himself and 26 other HIV infected persons against the State of El Salvador alleging Article 26 of the American Convention (the right to health) violation for failing to provide HIV triple therapy medication they needed to prevent death and to improve their quality of life. Petitioner maintains that …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Cruel treatment, Degrading treatment, Diagnostics, Examination, First-line treatment, HIV, HIV positive, HIV status, Inhuman treatment, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture, Transmission
Download Judgment: English

N. R. V. v. Ministry of Health and East Metropolitan Health Service

Country: Chile
Year: 2001
Court: Corte Suprema de Justica [Supreme Court of Chile]
Citation: Corte Suprema de Justica [C.S.J.] [Supreme Court of Chile], 9 octubre 2001, "N. R. V. v. Servicio de Salud Metropolitano Oriente y Ministro de Salud," Rol de la causa: 3.599-2001-10-16 (Chile).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to health, Right to life
Facts:

Petitioners brought an action against the Ministry of Health and the Public Health Service, seeking protection for their constitutional rights to life and freedom from discrimination, in regards to their ability to access medicines and health treatment for HIV/AIDS. Petitioners argued that HIV/AIDS should be considered a public health issue and, consequently, the Ministry of …Read more

Tags: Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Health expenditures, Health regulation, Health spending, HIV, People living with HIV/AIDS
Download Judgment: English Spanish

People Living with HIV v. Chile

Country: Chile
Year: 2001
Court: Inter-American Commission on Human Rights
Citation: Precautionary Measures, Inter-Am. Comm’n H.R., OEA/Ser.L./V/II.114, doc. 5 rev. (2002).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to health, Right to life
Facts:

The Inter-American Commission granted precautionary measures, in Chile, on behalf of Juan Pablo Améstica Cáceres, Manuel Orlando Farías, and Náyade Orieta Rojas Vera. These three individuals are carriers of the human immunodeficiency virus (HIV/AIDS) who contacted the IACHR because they believed their right to life and health was in serious danger.

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, HIV, HIV positive, People living with HIV/AIDS, Pharmaceuticals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English Spanish

Asociación Benghalensis et al. v. Ministerio de Salud y Acción Social – Estado Nacional

Country: Argentina
Year: 2000
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 186. XXXIV
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Facts:

Asociación Benghalensis and other non-governmental organizations involved in HIV work brought action pursuant to the Constitution of Argentina and Law No. 23.798 against the government for its failure to provide health services, treatment and special administration of medicines to people living with HIV. Law No. 23.798 declared the response to HIV to be a national …Read more

Tags: Access to drugs, Access to medicines, AIDS, Antiretrovirals, ARVs, Budget, Essential medicines, Health expenditures, Health funding, Health regulation, Health spending, HIV, HIV status, Most-at-risk, People living with HIV/AIDS, PLHIV, Subsidies
Download Judgment: English Spanish

Dina Rosa Vieira v. Municipality of Porto Alegre

Country: Brazil
Year: 2000
Court: Supremo Tribunal Federal (Supreme Federal Tribunal)
Citation: No. AGRG. 271.286-8 Rio Grande do Sul
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

Dina Rosa Vieira brought the case against the municipality of Porto Alegre for failing to provide medication for the treatment of AIDS. Vieira was destitute and unable to afford the medication herself. The first instance court ruled in favor of Vieira and ruled that in light of the constitutional principles protecting the right to health …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Health expenditures, HIV, HIV positive, Indigent, Low income, People living with HIV/AIDS, PLHIV, Poor, Social security
Download Judgment: English Portuguese

Haindongo Nghidipohamba Nanditume v. Minister of Defense

Country: Namibia
Year: 2000
Court: Labour Court
Citation: Haindongo Nghidipohamba Nanditume v. Minister of Def., Case. No. LC 24/98 (Namib.).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to health
Facts:

The HIV/AIDS epidemic in Namibia prompted the Government of Namibia to issue Guidelines for the Implementation of a National Code on HIV/AIDS in Employment (Guidelines), which extended nondiscrimination provisions to enlistment procedures of the Namibian Defence Force (NDF). In part, the Guidelines aimed to counteract prejudices and ignorance surrounding the nature and cause of HIV/AIDS, …Read more

Tags: Access to health care, Access to treatment, AIDS, Examination, HIV, HIV positive, HIV status, Military, Most-at-risk, People living with HIV/AIDS, PLHIV
Download Judgment: English

Herring v. Keenan

Country: United States
Year: 2000
Court: 10th Circuit Court of Appeal
Citation: 218 F.3d 1171 (2000)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The Appellant, Herring, brought this suit alleging a violation of his constitutional right to privacy after his federal probation officer, Keenan, improperly disclosed his HIV status to his sister and to his restaurant employer. In December 1993, Herring voluntarily informed his probation officer that he had taken an HIV test and that he might be …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
Download Judgment: English

Hoffman v. South African Airways

Country: South Africa
Year: 2000
Court: Constitutional Court
Citation: (2) SA 628; 2001 (10) BHRC 571; (2000) 3 CHRLD 146
Health Topics: Health care and health services, HIV/AIDS
Human Rights: Freedom from discrimination
Facts:

In 1996, the Appellant applied for employment as a cabin attendant with South African Airways (SAA). At the end of the selection process, he was found to be a suitable candidate for employment. He was then subject to a medical examination, which found him clinically fit and thus suitable for employment. However, a blood test …Read more

Tags: AIDS, Examination, Health care professionals, Health care workers, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV, Testing, Transmission
Download Judgment: English