95 judgments found.

Lemo v. Northern Air Maintenance (Pty) Ltd.

Country: Botswana
Year: 2004
Court: Industrial Court
Citation: 2004 (2) BLR 317 (IC)
Health Topics: Health information, HIV/AIDS, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to work
Facts:

The Applicant, Lemo, was employed by the Respondent, Northern Air Maintenance, as a trainee aircraft engineer. During a period of four years, the Applicant’s health deteriorated considerably. He consistently exhausted his annual and sick leave days and took unpaid leave, often for months at a time, in order to obtain medical assistance. Due to his …Read more

Tags: Antiretrovirals, ARVs, Confidentiality, Degrading treatment, Disclosure, Employment, Health care professionals, Health care workers, HIV, HIV positive, Inhuman treatment, Non-disclosure, People living with HIV/AIDS, PLHIV, Public hospitals
Download Judgment: English

Northwestern v. Ashcroft

Country: United States
Year: 2004
Court: 7th Circuit Court of Appeal
Citation: 362 F.3d 923 (2004)
Health Topics: Health information, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The Respondent, the Attorney General of the United States, appealed a district court order quashing a subpoena that commanded Northwestern Memorial Hospital (NMH) to produce the medical records of certain patients. The records were to be used in an upcoming suit challenging the constitutionality of the Partial-Birth Abortion Ban Act of 2003. The records contained …Read more

Tags: Abortion, Abortion technique, Confidentiality, Criminalization, Disclosure, Electronic health records, Health data, Health information, Medical records, Non-disclosure, Partial birth abortion, Termination of pregnancy
Download Judgment: English

Doe v. United States Postal Service

Country: United States
Year: 2003
Court: District of Columbia Circuit Court of Appeals
Citation: 317 F.3d 339 (2003)
Health Topics: Disabilities, Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to privacy
Facts:

The Appellant, Doe, brought an action against his employer, the U.S. Postal Service, for the Postal Service’s disclosure of his HIV status in violation of both the Privacy Act and the Rehabilitation Act. Doe’s status was first revealed to Postal Service officials as part of a request for leave pursuant to the Family and Medical Leave …Read more

Tags: AIDS, Confidentiality, Disclosure, Employment, Health information, HIV, HIV positive, HIV status, Medical records, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Guðmundsdóttir v. The State of Iceland

Country: Iceland
Year: 2003
Court: Icelandic Supreme Court
Citation: No. 151/2003
Health Topics: Health care and health services, Health information, Health systems and financing
Human Rights: Right to privacy
Facts:

The appellant, Guðmundsdóttir, wrote a letter to the Medical Director of Health, the respondent, requesting that health information in medical records of her deceased father should not be transferred to the Health Sector Database and asserted her right to do so. In particular, she did not want her father’s genealogical or genetic information to be …Read more

Tags: Confidentiality, Electronic health information, Electronic health records, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health records, Health regulation, Health spending, Medical records, Notification, Secrecy
Download Judgment: English

Irvin and Johnson Ltd. v. Trawler and Line Fishing Union, et al.

Country: South Africa
Year: 2003
Court: Labour Court of South Africa
Citation: (4) BLLR 379 (SALC)
Health Topics: Health care and health services, Health information, HIV/AIDS, Informed consent, Occupational health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Applicant, Irvin and Johnson Limited, wished to arrange for the voluntary and anonymous HIV testing of the more than 1,100 employees in its trawling division. The testing was to be based on the principle of informed consent and accompanied by pre- and post-test counselling. However, the age and job category of the tested employee …Read more

Tags: AIDS, Compulsory testing, Confidentiality, Counseling, Health education, Health promotion, HIV, HIV status, Informed choice, Involuntary testing, Mandatory testing, Most-at-risk, Non-consensual testing and treatment, People living with HIV/AIDS, PLHIV, Testing
Download Judgment: English

H v. Associated Newspapers and Anr.

Country: United Kingdom
Year: 2002
Court: Court of Appeal, Civil Division
Citation: [2002] EWCA Civ 195
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom of expression, Right of access to information, Right to privacy
Facts:

H was diagnosed as HIV positive whilst working as a care worker for the second respondent, N, the responsible health authority. Upon being diagnosed, H ceased to carry on practice as a healthcare worker and notified N of the reason for this. Under the Department of Health Guidelines (the ”guidelines”) patients who had undergone medical …Read more

Tags: AIDS, Awareness, Confidentiality, Disclosure, Freedom of information, HIV, HIV positive, HIV status, Non-disclosure, Notification, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Joy Mining Machinery v. NUMSA

Country: South Africa
Year: 2002
Court: Labour Court of South Africa
Citation: Case No: J 158/02; [2002] ZALC 7
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Informed consent, Occupational health
Human Rights: Freedom from discrimination
Facts:

The Applicant, Joy Mining Machinery, was a manufacturer, supplier and service provider of mining machinery. The Applicant had attempted to determine the extent of HIV prevalence at its workplace by commissioning a study of HIV prevalence based on the demographic groups at the workplace. As this was ultimately unhelpful, the Applicant wished to determine the …Read more

Tags: AIDS, Awareness, Clinics, Confidentiality, Counseling, Health care workers, Health education, HIV, HIV status, Informed choice, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing
Download Judgment: English

Case 33-1754

Country: Russia
Year: 2001
Court: Regional Court of Voronez
Health Topics: Health information
Facts:

I.E.V. claimed that a hospital refused to provide him with information which affected his rights, in relation to a criminal matter.  It appeared that this information concerned the health and medical history of P.O.V. The lower court held that, without the consent of P.O.V., the hospital was correct in not disclosing such information to I.E.V. …Read more

Tags: Confidentiality, Disclosure, Health records, Medical records, Non-disclosure, Secrecy
Download Judgment: English Russian

Doe v. Delie

Country: United States
Year: 2001
Court: 3rd Circuit Court of Appeal
Citation: 257 F.3d 309 (2001)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The Appellant, Doe, an HIV-positive former inmate of the State Correctional Institution at Pittsburgh (SCIP), brought this claim against SCIP officials, alleging that prison practices violated his constitutional right to privacy under the Fourteenth Amendment to the Constitution. SCIP medical staff informed Doe that his HIV status would be kept confidential. However, because of practices …Read more

Tags: AIDS, Confidentiality, Detention, Disclosure, Health information, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Jail, Medical records, Non-disclosure, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

Bergens Tidende & Ors. v. Norway

Country: Norway
Year: 2000
Court: European Court of Human Rights
Citation: App. No. 26132/95, 31 Eur. H.R. Rep. 16 (2001).
Health Topics: Health care and health services, Health information, Health systems and financing, Medical malpractice
Human Rights: Freedom of expression, Right to due process/fair trial
Facts:

A plastic surgeon, Dr R., brought defamation proceedings against a major Norwegian newspaper, Bergens Tidende, as well as against the newspaper’s former editor-in-chief and a journalist employed at the paper. Dr. R. claimed that the applicants had published a series of articles recounting complaints of dissatisfied patients that portrayed his care and follow-up treatment as …Read more

Tags: Awareness, Confidentiality, Freedom of information, Inappropriate treatment
Download Judgment: English