71 judgments found.

Case SU-256/96

Country: Colombia
Year: 1996
Court: Constitutional Court
Health Topics: Health information, HIV/AIDS, Informed consent, Occupational health
Human Rights: Freedom from discrimination, Right to health, Right to privacy, Right to social security, Right to work
Facts:

Mr. XX, the Plaintiff, worked for the Gun Club Corporation, the Respondent, from 16 March 1992 until 1 July 1994. On 28 April 1994, Dr. Alvaro Murra Erazo, who was working for the Respondent, administered an HIV test to the Plaintiff. After receiving a positive result, the Plaintiff was advised by Dr. Murra to resign …Read more

Tags: AIDS, Compulsory testing, Confidentiality, Employment, HIV, HIV positive, HIV status, Involuntary testing, Job safety, Mandatory testing, Non-consensual testing and treatment, People living with HIV/AIDS, PLHIV, Safe working conditions, Transmission, Workers' compensation
Download Judgment: English Spanish

Macedonian Trade Union Association to the Constitutional Court

Country: Macedonia
Year: 1996
Court: Constitutional Court
Citation: 23/1996-0-0
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

The Macedonian Trade Union Association and the Trade Union of Construction, Construction Material Industry and Design of the Republic of Macedonia challenged the constitutionality of Articles 11, 16 paragraph 3 and 203-a of the Law on amending and supplementing the Law on Health Care (“the Law”). Article 11 of the Law required insured workers to …Read more

Tags: Access to health care, Employment, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Primary care, Social security
Download Judgment: English Macedonian

Yin v. State of California

Country: United States
Year: 1996
Court: 9th Circuit Court of Appeal
Citation: 95 F.3d 864 (1996)
Health Topics: Disabilities, Health information, Informed consent
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

Plaintiff, Yin, brought an action against her employer, the State of California Employment Department, to prohibit them from requiring her to release her medical records, submit to an examination, and be subject to discipline for refusing to do so. Yin had a “prolonged and egregious history of absenteeism and a record of on-the-job illnesses.” She …Read more

Tags: Compulsory testing, Confidentiality, Disclosure, Employment, Health data, Health information, Involuntary testing, Mandatory testing, Medical records, Non-consensual testing and treatment, Non-disclosure, Secrecy
Download Judgment: English

Case 56/1995 (IX.15.) AB

Country: Hungary
Year: 1995
Court: Constitutional Court
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to property
Facts:

Petitioners challenged several amendments to statutes regulating employee benefit entitlements, which were inexorably connected to their social security entitlements under Hungary’s “mixed system” of social security (insurance and solidarity). The challenged amendments (1) provided that an employee was entitled to 25 sick days per year, for 5 of which she was not entitled to remuneration, …Read more

Tags: Employment, Health expenditures, Health funding, Health insurance, Health spending, Out-of-pocket expenditures, Social security, Subsidies
Download Judgment: English

Doe v. SEPTA

Country: United States
Year: 1995
Court: 3rd Circuit Court of Appeal
Citation: 72 F.3d 1133 (1995)
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to privacy
Facts:

The Appellant, Doe, was an HIV-positive employee of Respondent SEPTA. Doe brought this constitutional challenge after SEPTA reviewed his prescription drug records for the purpose of monitoring its employee prescription plan. Doe claimed that SEPTA infringed his right to privacy implicit in the right to due process in the Fourteenth Amendment to the Constitution. Doe …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

Kerojärvi v. Finland

Country: Finland
Year: 1995
Court: European Court of Human Rights
Citation: App. No. 17506/90, 32 Eur. H.R. Rep. 8 (2001).
Health Topics: Disabilities, Health systems and financing, Occupational health
Human Rights: Right of access to information, Right to due process/fair trial
Facts:

The applicant was a Finnish national who had retired from the military after receiving a shrapnel wound in his back during his service in the wars between Finland and the Soviet Union. Although the State Office for Accident Compensation (Compensation Office) acknowledged that the shrapnel wound was a “military injury” for purposes of compensation under …Read more

Tags: Compensation, Disabled, Employment, Handicapped, Military, Notification, Occupational hazards, Occupational health and safety, Physically challenged, Social security, Workers' compensation
Download Judgment: English

Canada (Attorney General) v. Thwaites

Country: Canada
Year: 1994
Court: Federal Court - Trial Division
Citation: [1994] 3 F.C. 38
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Medicines, Occupational health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to work
Facts:

Simon Thwaites filed a complaint against the Canadian Armed Forces (CAF), alleging that it discriminated against him under the Canadian Human Rights Act (CHRA) by restricting his employment because of his HIV-positive status. Thwaites enlisted in the CAF in 1980 and by 1986 had risen to the rank of master seaman, a position that primarily …Read more

Tags: Access to treatment, Antiretrovirals, ARVs, Disabled, Employment, Gay, Health care professionals, Health care workers, HIV, HIV positive, HIV status, Homosexual, Job safety, LGBTI, Military, People living with HIV/AIDS, PLHIV, Sexual orientation
Download Judgment: English French

Doe v. City of New York

Country: United States
Year: 1994
Court: 2nd Circuit Court of Appeal
Citation: 15 F.3d 264 (1994)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Appellant, Doe, brought this suit against the City of New York  (the City) and the City of New York Commission on Human Rights (the Commission) alleging that they breached his constitutional right to privacy. Doe filed an action with the Commission against his former employer, Delta Air Lines (Delta), alleging that Delta did not …Read more

Tags: AIDS, Confidentiality, Disclosure, Employment, Gay, Health information, HIV, HIV positive, HIV status, Homosexual, LGBTI, Medical records, Non-disclosure, People living with HIV/AIDS, PLHIV, Secrecy, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Askan Das Batra v. Attorney General

Country: Zambia
Year: 1993
Court: Supreme Court
Citation: (1993-1994) Z.R. 41 (S.C.)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

The Appellant was employed by the Zambian Government as an accountant with the Ministry of Legal Affairs.  Upon recommendation for further evaluation of his medical condition he travelled to the United Kingdom where he underwent elective heart surgery.  He then claimed reimbursement of his medical expenses from his employer under the Conditions of Service for …Read more

Tags: Access to health care, Access to treatment, Aged persons, Elderly, Employment, Health funding, Health insurance, Heart disease, Noncommunicable diseases, Older persons, Out-of-pocket expenditures, Reimbursement, Secondary care, Senior citizens, Social security, Subsidies
Download Judgment: English

Sigurjonsson v. Iceland

Country: Iceland
Year: 1993
Court: European Court of Human Rights
Citation: 16 E.H.R.R. 462 (1993)
Human Rights: Freedom of association, Freedom of expression
Facts:

The applicant, an Icelandic national, was a taxi driver and resident in Reykjavik, Iceland. He refused to join an automobile association which, inter alia, protected taxi-cab drivers’ rights. Membership of the association was, under an Icelandic law passed in 1989, a prerequisite for acquisition of a taxi-cab driver’s license. The applicant complained that the subsequent refusal …Read more

Tags: Employment, Freedom of Association, Freedom of Expression, Freedom of Thought, Right to Effective Remedy
Download Judgment: English