58 judgments found.

Treatment Action Campaign, et al. v. Rath, et al.

Country: South Africa
Year: 2008
Court: High Court (Cape of Good Hope Provincial Division)
Citation: [2008] ZAWCHC 34; [2008] 4 All SA 360 (C)
Health Topics: HIV/AIDS, Medicines
Facts:

The applicants, T and S, applied for relief against the 12 respondents in relation to certain vitamin-based pharmaceutical products (“Products”) which T and S alleged were being unlawfully distributed and marketed in South Africa as a treatment for AIDS while the distributors discredited legitimate antiretroviral medicines. T and S produced expert testimony that antiretroviral medicines …Read more

Tags: AIDS, Alternative medicines, Antiretrovirals, ARVs, Clinical trials, Drug quality, Drug safety, HIV, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Spurious medicines
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

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

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

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

Mazibuko v. Minister of Correctional Services, et al.

Country: South Africa
Year: 2005
Court: High court of Transvaal Provincial Division
Citation: Case No: 38151 / 05; [2007] JOL 18957 (T)
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
Facts:

The Applicant, Simon Musi Mazibuko, was a prisoner living with HIV. He had been convicted of murder assault with intent to do grievous bodily harm, robbery, theft, and unlawful possession of a firearm and ammunition, and sentenced to life in prison. The Applicant was suffering from several opportunistic infections, including tuberculosis, and his CD4 count …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Detention, Disabled, Handicapped, Health care professionals, Health care workers, HIV positive, Imprisonment, Jail, People living with HIV/AIDS, Physically challenged, PLHIV, 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

Brown v. Johnson

Country: United States
Year: 2004
Court: 11th Circuit Court of Appeal
Citation: 387 F.3d 1344 (2004)
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
Facts:

Plaintiff, a prisoner, filed suit alleging violation of the due process clause of the Fourteenth Amendment and of the Eight Amendment as a result of Defendants’ withdrawing his prescribed medications. Upon entry into Georgia State Prison, Plaintiff’s medical records indicated he suffered from HIV and hepatitis. Plaintiff was prescribed medications for HIV and hepatitis ten …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Hepatitis, HIV, HIV positive, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, People living with HIV/AIDS, Pharmaceuticals, PLHIV
Download Judgment: English

Case 2945-2003-AA/TC

Country: Peru
Year: 2004
Court: Constitutional Court
Citation: Sentencia 2945-2003-AA/TC (2004). (Azanca Alhelí Meza García v. Ministry of Health)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The petitioner filed a writ of amparo (appeal for legal protection) against the Ministry of Health of Peru. She sought free administration of comprehensive medical treatment for HIV, including both the continuous delivery of necessary medicines and the performance of periodic CD4 cell count and viral load tests upon medical indication and/or the patient’s urgent …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Essential medicines, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, HIV, HIV positive, Indigent, Low income, Most-at-risk, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Poor, Social security, Testing, Underprivileged
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