134 judgments found.

R.C. v. Minister of Health & Children

Country: Ireland
Year: 2012
Court: High Court of Ireland
Citation: 2012 [IEHC] 204
Health Topics: Health systems and financing, HIV/AIDS, Infectious diseases
Human Rights: Right to health
Facts:

This case was about whether a woman who contracted HIV infection from her partner qualified for compensation under Section 4(1)(g) of the Hepatitis C Compensation Act 1997 (the “Act”) as a spouse. R.C. was a 26-year-old woman, who had been diagnosed positive for HIV, and A.F. was her partner who had been compensated by the …Read more

Tags: Health funding, HIV, HIV positive, People living with HIV/AIDS, Sexually transmitted diseases, Transmission
Download Judgment: English

Shchebetov v. Russia

Country: Russia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 21731/02
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant had contracted HIV and Tuberculosis while in prison, and alleged that he was denied adequate medical care in violation of his Article 2 (right to life) and Article 3 (prohibition on torture or inhuman or degrading treatment) rights under the European Convention on Human Rights (“Convention”). In 1997, the applicant was sentenced to …Read more

Tags: Access to health care, Access to treatment, Custody, HIV, HIV positive, Imprisonment, Inmate, Jail, People living with HIV/AIDS, PLHIV, Prison conditions, TB, Transmission, Tuberculosis
Download Judgment: English

Adriana Ricardo da Rosa v. Sociedade de Onibus Porto Alegrense

Country: Brazil
Year: 2011
Court: Tribunal Superior do Trabalho, Primeira Turma (Superior Labor Court, 1st Section)
Citation: TST-RR-104900-64.2002.5.04.0022
Health Topics: Health care and health services, HIV/AIDS
Human Rights: Right to health, Right to life, Right to work
Facts:

Plaintiff carrying the HIV virus was wrongfully terminated from her employment at the Sociedade de Onibus Porto Alegrense and alleged discriminatory motives, because the employer was aware that the employee carried the HIV virus at the time of termination. The employer asserts that it first became aware of the employee’s condition four years prior to her …Read more

Tags: Access to health care, Employment, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV
Download Judgment: English Portuguese

Allpass v. Mooikloof Estates (Pty) Ltd.

Country: South Africa
Year: 2011
Court: Labour Court of South Africa
Citation: Case No. JS178/09; [2011] ZALCJHB 7; 2011 (2) SA 638 (LC); [2011] 5 BLLR 462 (LC); (2011) 32 ILJ 1637 (LC)
Health Topics: Chronic and noncommunicable diseases, Health information, HIV/AIDS, Medicines, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Applicant, Allpass, was hired as a stable yard manager and horse-riding instructor for the Respondent, Mooikloof Estates. He had 27 years of experience in horse riding, instructing and stable yard management. At the time of his hiring, the Applicant had been living with HIV for 17 years and was in a same-sex civil union. …Read more

Tags: Antiretrovirals, ARVs, Asthma, Disclosure, Gay, HIV, HIV positive, HIV status, Homosexual, LGBTI, People living with HIV/AIDS, PLHIV, Sexual orientation
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

Kiyutin v. Russia

Country: Russia
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 2700/10, (2011) 53 EHRR 26; [2011] ECHR 439
Health Topics: HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to family life, Right to housing
Facts:

K was born in the Uzbek SSR of the Soviet Union and acquired Uzbekistan citizenship following the collapse of the USSR. In October 2002, K’s brother purchased a house in the Oryol Region of Russia. In 2003, K, his half brother and their mother moved into this house. In July 2003, K married a Russian …Read more

Tags: AIDS, HIV, HIV positive, HIV status, Most-at-risk, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs

Mr. Y and Mr. X v. Secretary to the Government, et al.

Country: India
Year: 2011
Court: High Court - Madras
Citation: 2011 (1) CTC 645
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination, Right to work
Facts:

Mr. Y, Petitioner No.1, was a person belonging to the backward class. He held a valid driving license and was asked to apply for an interview to the Tamil Nadu State Transport Corporation, Respondent, for the post of a driver. He was asked to submit his medical fitness certificate and certificate relating to eyesight to …Read more

Tags: HIV positive, HIV status, Occupational health and safety, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

A.B. v. Russia

Country: Russia
Year: 2010
Court: The European Court of Human Rights
Citation: Application No. 1439/06
Health Topics: Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant was detained and sent to remand prison in May 2004, for attempted swindling; the court felt the applicant could be a repeat offender since he had no permanent residence or income. He was to be held in remand prison until his trial. The applicant had pre-existing chronic Hepatitis C and was diagnosed HIV-positive …Read more

Tags: Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hepatitis PLHIV, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Liver disease, People living with HIV/AIDS, Prison conditions, Torture
Download Judgment: English

Case 108-2010-R

Country: Bolivia
Year: 2010
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

A constitutional amparo (writ of injunctive relief) petition was brought the petitioner on behalf of his minor daughter against the Department Director of the Sexually Transmitted Infections/A.I.D.S. (“STI/AIDS”) Program, alleging violations of his daughter’s rights to life, to health, to “legal certainty,” and to petition, as guaranteed by the Bolivian Constitution. The petitioner’s daughter lived …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Children, Essential medicines, Health expenditures, Health funding, HIV, HIV positive, Indigent, Low income, Minor, Pediatric health, People living with HIV/AIDS, PLHIV, Poor, Subsidies
Download Judgment: English Spanish

Case AI 780709/RS

Country: Brazil
Year: 2010
Court: Federal Supreme Court
Citation: AI 780709/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics: HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Court of Justice held the State of Rio Grande do Sul responsible for providing medicines free of charge to an individual living with HIV who was unable to afford them. The court based its decision on the rights to life and health. Considering these medications necessary for the survival of the individual, the court blocked …Read more

Tags: Access to drugs, Access to medicines, AIDS, Antiretrovirals, ARVs, Budget, Essential medicines, Health spending, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV
Download Judgment: Portuguese
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