12 judgments found.

Navtej Singh Johar & Ors. v. Union of India

Country: India
Year: 2018
Court: Supreme Court of India
Citation: Writ Petition (Criminal) No. 76 of 2016
Health Topics: Health care and health services, HIV/AIDS, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to bodily integrity, Right to family life, Right to health, Right to life, Right to privacy
Facts:

Petitioners, by means of a writ petition, challenged Section 377 of the Indian Penal Code (‘IPC’), which made “carnal intercourse against the order of nature” a criminal offense punishable with life imprisonment. Petitioners argued that homosexuality, bisexuality, and other sexual orientations are equally natural and reflective of expression of choice and individuals should have the …Read more

Tags: Access to health care, Access to treatment, AIDS, Bisexual, Childbirth, Condoms, Depression, Gay, Gender identity, HIV, Homosexual, Intersex, Isolation, Lesbian, LGBTI, People loving with HIV/AIDS, Queer, Seclusion, Sexual orientation, Sodomy, Transgender, Transmission
Download Judgment: English

Rhoades v. Iowa

Country: United States
Year: 2014
Court: Supreme Court of Iowa
Citation: No. 12-0180
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Facts:

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

Tags: Buggery, Condoms, Disclosure, Gay, HIV, HIV positive, HIV status, Homosexual, Non-disclosure, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs, Transmission
Download Judgment: English

R. v. Felix

Country: Canada
Year: 2013
Court: Ontario Court of Appeal
Citation: 2013 ONCA 415
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
Facts:

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

Tags: Assault, Condoms, Contraception, Contraceptives, Disclosure, HIV, HIV positive, HIV status, Informed choice, Non-disclosure, People living with HIV/AIDS, PLHIV, Rape, Sexual abuse, Sexual assault, Sexual violence, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English

Case No. STS 3527/11

Country: Spain
Year: 2011
Court: Supreme Court
Health Topics: Child and adolescent health, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Facts:

Appellee was diagnosed with HIV in 1994. In 1996, he began a relationship with appellant, during which time he used condoms but did not inform appellant of his HIV-positive status. The condom broke on several occasions, and ultimately appellant became pregnant and HIV-positive, and when she gave birth to their daughter, the daughter also was …Read more

Tags: AIDS, Childbirth, Children, Condoms, HIV, HIV positive, HIV status, Infant health, Minor, Pediatric health, People living with HIV/AIDS, PLHIV, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English

Naz Foundation v. Government of NCT of Delhi, et al.

Country: India
Year: 2009
Court: High Court - Delhi
Citation: (2009) DLT 27
Health Topics: HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

Overruled by Suresh Kumar Koushal and Anor. v. Naz Foundation and Ors. Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of …Read more

Tags: Condoms, Criminalization, Gay, Gender identity, Homosexual, Injecting drug users, Lesbian, LGBTI, Queer, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs
Download Judgment: English

S v. Procureur Général

Country: Switzerland
Year: 2009
Court: Court of Justice, Penal Division [Cour de Justice, Chambre pénale]
Citation: Switzerland
Health Topics: HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
Facts:

The Petitioner, S, was a man living with HIV. He was aware that he was HIV-positive since 1998 and had been undergoing treatment since then. In 2006, he began combination antiretroviral therapy. The Petitioner’s viral load had been undetectable since 2008 and he was not suffering from any other infections. The Petitioner’s doctors had assured …Read more

Tags: AIDS, Antiretrovirals, ARVs, Condoms, Contraceptives, Health care professionals, Health care workers, HIV, HIV positive, People living with HIV/AIDS, PLHIV, Public hospitals, Sexual assault, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English French

Women on Waves and Others v. Portugal

Country: Portugal
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 31276/05
Health Topics: Sexual and reproductive health
Human Rights: Freedom of association, Freedom of expression
Facts:

In 2004, three associations sent the ship Borndiep to Portugal where abortion was illegal that would stage activities promoting the decriminalization of abortion including distribution of drugs that can induce abortion. Aware of the project, the Portuguese Government prevented the boat from entering its national territory. The three plaintiffs sued Portugal in national courts, which …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Condoms, Contraception, Contraceptives, Family planning
Download Judgment: French Portuguese

Doe v. Dilling

Country: United States
Year: 2008
Court: Supreme Court of Illnois
Citation: 888 N.E.2d 24 (2008); 228 Ill.2d 324
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The Appellant, Jane Doe, brought proceedings against Betty and Kirk Dilling, the parents of her late fiancé, Albert Dilling. She alleged that they had intentionally and falsely stated to her that Albert was not infected with the HIV virus and/or suffered from AIDS when “they knew that, in fact, he was HIV-positive and had AIDS.” …Read more

Tags: AIDS, Condoms, Contraception, Contraceptives, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

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

R v. Dica

Country: United Kingdom
Year: 2004
Court: Supreme Court of Judicature, Court of Appeal (Criminal Division)
Citation: [2004] EWCA Crim 1103
Health Topics: HIV/AIDS, Infectious diseases, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity
Facts:

The Appellant, Dica, was HIV-positive. He engaged in unprotected sexual intercourse with two women. Both women tested positive for HIV subsequent to their sexual encounters with the Appellant. It was not clear whether the women were aware of the Appellant’s HIV status at the time of the encounters. The prosecution did not argue that the …Read more

Tags: AIDS, Condoms, Contraceptives, HIV, HIV positive, Rape, Sexual assault, Sexually transmitted diseases, Sexually transmitted infections, Smallpox, STDs, STIs, Transmission
Download Judgment: English