134 judgments found.

Aleksanyan v. Russia

Country: Russia
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 46468/06; [2009] ECHR 1226
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person
Facts:

A, a Russian national, was a former practicing member of the Moscow bar. On 29 March 2006 a Moscow district court authorized the criminal prosecution of A in connection with his alleged participation in the embezzlement of property and shares of several oil companies in the late 1990s. On 5 April 2006 Russian authorities searched …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Blind, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Essential medicines, First-line treatment, HIV, HIV positive, HIV status, Incarceration, Inhuman treatment, Inmate, Jail, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Andrea Mortlock v. United States

Country: United States
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 63/08, Case 12.534
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
Facts:

This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners included the Legal Aid Society and the International Human Rights Clinic at Washington College of Law. Petitioners alleged the United States violated the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Addiction, AIDS, Antiretrovirals, ARVs, Cocaine, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Drug abuse, Drug enforcement, Drug use, Emergency care, First-line treatment, HIV, HIV positive, HIV status, Immigration, Imprisonment, Incarceration, Inhuman treatment, Inmate, Marijuana, Migrants, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Substance abuse, Torture
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Armoniene v. Lithuania

Country: Lithuania
Year: 2008
Court: The European Court of Human Rights
Citation: Case Number 36919/02
Health Topics: Health information, HIV/AIDS, Hospitals
Human Rights: Right to family life, Right to privacy
Facts:

The applicant died during the pendency of proceedings at the Appellate stage. Prior to his death, the largest Lithuanian daily in an article titled “Pasvalys villages paralysed by the fear of death: residents of the remote Lithuanian area shackled by the AIDS threat” stated that the applicant’s husband was a victim of AIDS and that …Read more

Tags: Confidentiality, Diagnostics, Disclosure, HIV, HIV positive, People living with HIV/ AIDS, PLHIV, Right to Privacy, Testing
Download Judgment: English Lithuanian

Case 2005 (A) 947

Country: Japan
Year: 2008
Court: Supreme Court [Saikō Saibansho]
Citation: Case No. 2005 (A) 947
Health Topics: Health systems and financing, HIV/AIDS, Medical malpractice
Facts:

This case concerned whether the accused, the Director of the Biologics and Antibiotics Division of the Pharmaceutical Affairs Bureau of the Ministry of Health and Welfare, could be held criminally negligent after a patient was given unheated blood products contaminated with HIV and later died of AIDS. The victim was a hemophiliac patient at Osaka …Read more

Tags: AIDS, Blood transfusion, Duty of care, Health regulation, HIV, HIV positive, Negligence, Standard of care, Transmission
Download Judgment: English

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

N. v. United Kingdom

Country: United Kingdom
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 26565/05; [2008] ECHR 453
Health Topics: Chronic and noncommunicable diseases, Health care and health services, HIV/AIDS, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to privacy
Facts:

The applicant, a Ugandan national, was HIV positive and claimed that if the United Kingdom forced her to return to Uganda then she would not have sufficient access to medical treatment for her condition. She claimed that this result would violate her rights under Articles 3 (prohibiting torture and inhuman or degrading treatment or punishment) …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, HIV, HIV positive, Immigration, Inhuman treatment, Migrants, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Refugees

R (on the application of M) v. Slough Borough Council

Country: United Kingdom
Year: 2008
Court: House of Lords
Citation: [2008] UKHL 52
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to housing, Right to social security
Facts:

M was Zimbabwean citizen diagnosed as HIV positive, who was living in the United Kingdom while his appeal of a decision to return him to Zimbabwe was ongoing. Because of his illness, he applied to the local health authority to assess his needs for accommodation. The authority declined to provide accommodation to M. It determined …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, First-line treatment, HIV, HIV positive, HIV status, Immigration, Migrants, People living with HIV/AIDS, PLHIV, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, Social security, STDs, STIs, Subsidies
Download Judgment: English

South African Security Forces Union v. Surgeon General AO

Country: South Africa
Year: 2008
Court: High Court, Transvaal Provincial Division
Citation: Case No. 18683/07 (2008)
Health Topics: Health care and health services, HIV/AIDS
Human Rights: Freedom from discrimination
Facts:

The parties to the dispute settled out of court based on the stipulation that the policies of the South African National Defence Force (SANDF) concerning the recruitment, deployment and promotion of people living with HIV were unconstitutional. The SANDF was given six months to set aside these policies. In this decision, the Court considered the …Read more

Tags: Employment, HIV, HIV positive, HIV status, Military, Testing
Download Judgment: English

Advocate Sapana Pradhan Malla v. Prime Minister

Country: Nepal
Year: 2007
Court: Supreme Court
Citation: Writ No. 3561 of the year 2063 B. S (2006)
Health Topics: Child and adolescent health, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to due process/fair trial, Right to education, Right to health, Right to life, Right to privacy, Right to property, Right to work
Facts:

The Forum for Women, Law and Development, the Petitioner, was an organization working with vulnerable communities such as women, children and people living with HIV/AIDS (PLHIVA). Although the right to privacy was guaranteed under Article 28 of the Interim Constitution, 2007, there were no legal provisions safeguarding the privacy of women, children, or PLHIVA (the …Read more

Tags: Abortion, AIDS, Children, Domestic abuse, Domestic violence, HIV positive, HIV status, Minor, Pediatric health, People living with HIV/AIDS, PLHIV, Pregnancy, Sexual assault, Sexual harassment, Sexual violence, Termination of pregnancy, Violence against women
Download Judgment: English

Khudobin v. Russia

Country: Russia
Year: 2007
Court: European Court of Human Rights
Citation: Application No. 59696/00; (2006) ECHR 898
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person
Facts:

Mr. Khudobin, a Russian national, filed an application against the Russian Government for allegedly violating several articles of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). The applicant was arrested after he was caught supplying heroin to an undercover police agent. He was placed in custody during pre-trial investigations and …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug enforcement, Examination, Hepatitis, Heroin, HIV, HIV positive, HIV status, Inhuman treatment, Insanity, Lung disease, Measles, Mental disorder, Mental illness, Morphine, Neurological diseases, Noncommunicable diseases, People living with HIV/AIDS, PLHIV, Pneumonia, Prison conditions, Psychiatry, Pulmonary diseases, Respiratory diseases
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