134 judgments found.

Minister of Health v. Treatment Action Campaign (No. 2)

Country: South Africa
Year: 2002
Court: Constitutional Court
Citation: [2002] ZACC 15; 2002 (5) SA 721; 2002 (10) BCLR 1033
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Right to health
Facts:

The government of South Africa developed a national public health program to address mother-to-child transmission of HIV. The purpose of the program was to offer HIV-positive pregnant women nevirapine, a drug that prevents the transmission of HIV at birth, free of charge. The program was, however, limited in scope. It only offered nevirapine at certain …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Child development, Child mortality, Childbirth, Children, Essential medicines, First-line treatment, Health expenditures, Health funding, Health spending, HIV, HIV positive, Infant health, Infant mortality, Maternal health, Maternal mortality, Minor, People living with HIV/AIDS, Pharmaceuticals, Pregnancy, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
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Patiño Linares v. Ministerio de Salud Pública y Asistencia Social

Country: El Salvador
Year: 2002
Court: Constitutional Chamber of the Supreme Court of Justice [Sala de lo Constitucional de la Corte Suprema de Justicia]
Citation: Acción de Amparo, Case No. 46-2002, 11 de septiembre de 2002.
Health Topics: Health care and health services, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Facts:

This case involved an HIV-positive plaintiff who claimed that the Ministry of Public Health and Social Assistance denied him an associated antiretroviral therapy.  The plaintiff filed an action for the protection of his fundamental human rights, claiming that the Ministry had violated his right to health and life, under articles 2 and 65 of the …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretroviral, ARVs, Essential medicines, HIV, HIV positive, People living with HIV/AIDS, PLHIV
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Arcila Henao v. Netherlands

Country: Netherlands
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 13669/03
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The applicant was a Columbian national residing in the Netherlands. He complained that his expulsion to Columbia would violate Article 3 of the European Convention on Human Rights (the “Convention”) which prohibits torture and inhuman or degrading punishment, as he would be unable to continue treatment for his HIV and Hepatitis B and would therefore …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Cruel treatment, Degrading treatment, Essential medicines, First-line treatment, Hepatitis, HIV, HIV positive, Immigration, Indigent, Inhuman treatment, Low income, Migrants, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Poor, Refugees, Second-line treatment
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Case 3.599-2001

Country: Chile
Year: 2001
Court: Supreme Court
Citation: Rol No. 3599
Health Topics: Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health
Facts:

The Appellants are HIV-positive and cannot afford the life-sustaining drugs needed to treat their condition. They submitted a protection order to the Court to require the Metropolitan Health Services to provide certain life-sustaining drugs.

Tags: Access to drugs, Access to medicines, AIDS, Budget, HIV, HIV positive
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Doe v. County of Centre

Country: United States
Year: 2001
Court: 3rd Circuit Court of Appeal
Citation: 242 F.3d 437 (2001)
Health Topics: Child and adolescent health, Disabilities, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to life
Facts:

Appellants, the Does, an interracial couple with an HIV-positive foster son (Adam), approached the Respondents, Centre County (the County), seeking to adopt another child through the County’s foster care program. The County had a statutory duty to investigate foster parent applications in order to preserve the physical and emotional health of foster children. The Does …Read more

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

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

Miranda Cortéz, Jorge Odir, et al. v. El Salvador

Country: El Salvador
Year: 2001
Court: Inter-American Commission on Human Rights
Citation: Miranda Cortez v. El Sal., Case 12.249, Inter-Am. Comm’n H.R., Report No. 29/01, OEA/Ser.L/V/II.111 Doc. 20 rev. at 284 (2000).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to life
Facts:

Applicant filed this petition on behalf of himself and 26 other HIV infected persons against the State of El Salvador alleging Article 26 of the American Convention (the right to health) violation for failing to provide HIV triple therapy medication they needed to prevent death and to improve their quality of life. Petitioner maintains that …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Cruel treatment, Degrading treatment, Diagnostics, Examination, First-line treatment, HIV, HIV positive, HIV status, Inhuman treatment, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture, Transmission
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People Living with HIV v. Chile

Country: Chile
Year: 2001
Court: Inter-American Commission on Human Rights
Citation: Precautionary Measures, Inter-Am. Comm’n H.R., OEA/Ser.L./V/II.114, doc. 5 rev. (2002).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to health, Right to life
Facts:

The Inter-American Commission granted precautionary measures, in Chile, on behalf of Juan Pablo Améstica Cáceres, Manuel Orlando Farías, and Náyade Orieta Rojas Vera. These three individuals are carriers of the human immunodeficiency virus (HIV/AIDS) who contacted the IACHR because they believed their right to life and health was in serious danger.

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, HIV, HIV positive, People living with HIV/AIDS, Pharmaceuticals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
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Treatment Action Campaign v. Minister of Health (No. 1)

Country: South Africa
Year: 2001
Court: High Court - Transvaal Provincial Division
Citation: 2002(4) BCLR 356 (T)
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

Applicants sought an order that the respondents (the Minister of Health and the members of the executive council for health) make Nevirapine available to pregnant women with HIV who give birth in public health institutions and “produce and implement an effective national program to prevent or reduce mother to child transmission (MTCT) of HIV, including …Read more

Tags: Access to medicines, Access to treatment, Antiretrovirals, ARVs, Child development, Child mortality, Children, Counseling, HIV positive, Infant health, Infant mortality, Maternal health, Minor, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing
Download Judgment: English

A. v. Union of India

Country: India
Year: 2000
Court: High Court - Bombay
Citation: Writ Petition No. 1623 of 2000
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
Facts:

A, the Petitioner, was a Master Chief Engine Room Artificer-II Class in the Indian Navy. In 1997, he was found to be living with HIV. He was put in low medical category but allowed to remain in service and complete 15 years of service, which made him eligible for pension and other benefits. In 1999, …Read more

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