134 judgments found.

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

Living World Distributors Ltd. v. Human Rights Action Group Inc. (Wellington)

Country: New Zealand
Year: 2000
Court: Court of Appeal
Citation: [2001] 2 LRC 233
Health Topics: HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression
Facts:

Living World Distributors (“LWD”) attempted to import two videos from the USA into New Zealand. The videos, which discussed aspects of homosexuality, opposed the granting of special rights to homosexuals and stated that homosexuality is one of the causes of the spread of HIV/AIDS. The videos were deemed suitable for audiences over 16 years old …Read more

Tags: AIDS, Bisexual, Gay, Gender identity, HIV, Homosexual, Lesbian, LGBTI, Queer, Sexual orientation, Transgender
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Makuto v. State

Country: Botswana
Year: 2000
Court: Court of Appeals
Citation: [2000] 5 LRC 183; (2000) 3 CHRLD 151
Health Topics: HIV/AIDS
Human Rights: Freedom from discrimination, Right to liberty and security of person
Facts:

M was convicted of rape. Under s 142(2) of the Penal Code (as amended by the Penal Code (Amendment) Act 1998 (No 5 of 1998)) he was required to undergo an HIV test before being sentenced. M tested positive. Under s 142(4)(a) a person convicted of rape who proves to have HIV is subject to …Read more

Tags: AIDS, Criminalization, HIV, HIV positive, HIV status, Transmission
Download Judgment: English

BT v. Oei

Country: Australia
Year: 1999
Court: Supreme Court of New South Wales
Citation: [1999] NSWSC 1082
Health Topics: Controlled substances, Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice, Mental health, Sexual and reproductive health
Facts:

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

Tags: AIDS, Awareness, Compensation, Condoms, Confidentiality, Contraceptives, Counseling, Damages, Depression, Diagnostics, Disclosure, Duty of care, Gay, Harm reduction, Health care professionals, Health care workers, Hepatitis, HIV, HIV positive, HIV status, Homosexual, Inadequate treatment, Inappropriate treatment, Injecting drug users, LGBTI, Most-at-risk, Negligence, Non-disclosure, Notification, People living with HIV/AIDS, PLHIV, Queer, Remedies, Sex workers, Sexually transmitted diseases, Sexually transmitted infections, Spousal notification, Standard of care, STDs, STIs, Testing, Transmission
Download Judgment: English

Cruz del Valle Bermúdez, et al. v. Ministerio de Sanidad y Asistencia Social (MSAS)

Country: Venezuela
Year: 1999
Court: Supreme Court
Citation: Sentencia No. 196
Health Topics: Health care and health services, Health information, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person, Right to life, Rights to the benefits of culture
Facts:

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

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Awareness, Budget, Diagnostics, Health expenditures, Health funding, Health promotion, Health spending, HIV, Out-of-pocket expenditures, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, Social security, STDs, STIs, Testing
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In re C (a child)

Country: United Kingdom
Year: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 3007
Health Topics: Child and adolescent health, HIV/AIDS, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

C’s mother was HIV infected. C, who was born in April 1999 was breastfed by her mother despite concern that this increased C’s potential to become infected by HIV if she was not already HIV positive. The local authority sought a direction for a blood test to be carried out to test C’s HIV status …Read more

Tags: AIDS, Breast feeding, Child development, Children, Compulsory testing, HIV, HIV positive, HIV status, Infant health, Involuntary testing, Mandatory testing, Minor, Most-at-risk, Non-consensual testing and treatment, Non-evidence based treatment, Parental consent, Pediatric health, People living with HIV/AIDS, PLHIV, Transmission
Download Judgment: English

R v. Secretary of State for the Home Department, ex parte Glen Fielding

Country: United Kingdom
Year: 1999
Court: High Court of Justice, Queen's Bench Division
Citation: [1999] EWHC Admin 641
Health Topics: HIV/AIDS, Infectious diseases, Medicines, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

In 1996, Glen Fielding was sentenced to four years imprisonment. Whilst incarcerated, Fielding, a man who had sex with men, requested condoms but was refused on the basis that it was against Prison Service policy to provide condoms to a prisoner who was not HIV-positive; there was no evidence that Fielding was HIV positive. The …Read more

Tags: AIDS, Bisexual, Contraception, Contraceptives, Custody, Gay, HIV, Homosexual, Imprisonment, Incarceration, Inmate, Jail, People living with HIV/AIDS, PLHIV, Queer, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs
Download Judgment: English

X v. Commonwealth

Country: Australia
Year: 1999
Court: High Court
Citation: [1999] HCA 63; 200 CLR 177; 167 ALR 529; 74 ALJR 176
Health Topics: Disabilities, HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
Facts:

X was discharged from the Australian Defence Force (ADF) after he tested positive for HIV, in accordance with an ADF policy that sought to avoid transmission of HIV between soldiers. He subsequently filed a complaint with the Human Rights and Equal Opportunity Commission (the Commission), claiming his discharge constituted unlawful discrimination under the Disability Discrimination …Read more

Tags: AIDS, Disabled, Employment, Hepatitis, HIV, HIV positive, HIV status, Military, Occupational hazards, Occupational health and safety, People living with HIV/AIDS, PLHIV, Safe working conditions, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English

Bragdon v. Abbott

Country: United States
Year: 1998
Court: Supreme Court
Citation: 524 U.S. 624 (1998)
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination
Facts:

After disclosing she was HIV-positive on a patient registration form, Respondent Abbott was informed by her dentist, Petitioner, of his policy against filling cavities of HIV-infected patients. Petitioner offered to perform the work at a hospital with no added service fee, but with the cost of the use of the hospital’s facilities borne by Respondent. …Read more

Tags: AIDS, Handicapped, HIV, HIV positive, HIV status, People living with HIV/AIDS, Physically challenged, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Ricardo Lachman, et al. v. Caja de Seguro Social (Amparo de Garantías Constitucionales – No. 199812)

Country: Panama
Year: 1998
Court: Supreme Court of Justice of Panama
Citation: Ricardo Lachman, et al. v. Caja de Seguro Social (Amparo de Garantías Constitucionales - No. 199812), Corte Suprema de Justicia, en pleno, Panamá [Supreme Court of Justice of Panama] Diciembre 31, 1998 (Pana.).
Health Topics: Health care and health services, Infectious diseases, Medicines
Human Rights: Right to health
Facts:

The petitioner, Ricardo Lachman, brought action on behalf of  La Fundación Pro Bienestar y Dignidad de las Personas Afectadas por el VIH/SIDA (Foundation for the Well-Being and Dignity of Persons with HIV/AIDS) and his patient Jorge Nelson Moran Jaen against the Social Security Fund for denying Nelson Moran HIV/AIDS treatment medications prescribed by Lachman. The …Read more

Tags: Access to health care, Access to medicines, Access to treatment, AIDS, HIV, People living with HIV/AIDS, Social security
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