134 judgments found.

Mazibuko v. Minister of Correctional Services, et al.

Country: South Africa
Year: 2005
Court: High court of Transvaal Provincial Division
Citation: Case No: 38151 / 05; [2007] JOL 18957 (T)
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
Facts:

The Applicant, Simon Musi Mazibuko, was a prisoner living with HIV. He had been convicted of murder assault with intent to do grievous bodily harm, robbery, theft, and unlawful possession of a firearm and ammunition, and sentenced to life in prison. The Applicant was suffering from several opportunistic infections, including tuberculosis, and his CD4 count …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Detention, Disabled, Handicapped, Health care professionals, Health care workers, HIV positive, Imprisonment, Jail, People living with HIV/AIDS, Physically challenged, PLHIV, Testing
Download Judgment: English

Mr. X v. Chairman, State Level Police Recruitment Board and Ors

Country: India
Year: 2005
Court: High Court - Andhra Pradesh
Citation: 2006 (2) ALD 513; 2006 (2) ALT 82
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination, Right to life, Right to work
Facts:

Mr. X, the Petitioner,  was an armed reserve police constable and had applied for the post of stipendiary cadet trainee sub-inspector of police (civil). He passed the physical test and the written exam, on the basis of which he was provisionally selected for the post. During the medical examination, however, he tested positive for HIV. …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

N (FC) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 31
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health
Facts:

N, a Ugandan woman, came to London in Mach 1998 seeking asylum. Her application for asylum was rejected and the Secretary of State proposed to expel her. N was suffering from advanced HIV/AIDS, but had achieved a stable condition due to the extensive medical treatment and medication she had been receiving in the UK. If …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Degrading treatment, Essential medicines, First-line treatment, HIV, HIV positive, HIV status, Immigration, Inhuman treatment, Migrants, People living with HIV/AIDS, PLHIV, Refugees, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

Pehle v. Farm Bureau Life Insurance

Country: United States
Year: 2005
Court: 10th Circuit Court of Appeal
Citation: 397 F.3d 897 (2005)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice
Facts:

Gary and Renna Pehle (“Appellants”), husband and wife, applied for life insurance with the Farm Bureau Life Insurance Company (“Farm Bureau”) in Wyoming in 1999. As part of the application process, the Pehle’s submitted a blood test. The test was contracted to LabOne, an independent company located in Kansas. Both Appellants tested positive for Human …Read more

Tags: AIDS, Duty of care, Health records, HIV, HIV positive, HIV status, Medical records, Negligence, Sexually transmitted diseases, Testing
Download Judgment: English

Rex v. Sipho Nhlabatsi

Country: Swaziland
Year: 2005
Court: High Court
Citation: Case No. 202/2005.
Health Topics: HIV/AIDS, Infectious diseases, Prisons
Facts:

The applicant was arrested and detained by the Swaziland police on charges of attempted murder. He contended that his six children and two wives were going through a difficult time due to his incarceration because he was the only breadwinner for his family. He also claimed that he was HIV positive and suffered from various …Read more

Tags: HIV, HIV positive, Imprisonment, Incarceration, Inmate, Jail, People living with HIV/AIDS, PLHIV, Pneumonia, Prison, Tuberculosis
Download Judgment: English

Brown v. Johnson

Country: United States
Year: 2004
Court: 11th Circuit Court of Appeal
Citation: 387 F.3d 1344 (2004)
Health Topics: 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:

Plaintiff, a prisoner, filed suit alleging violation of the due process clause of the Fourteenth Amendment and of the Eight Amendment as a result of Defendants’ withdrawing his prescribed medications. Upon entry into Georgia State Prison, Plaintiff’s medical records indicated he suffered from HIV and hepatitis. Plaintiff was prescribed medications for HIV and hepatitis ten …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Hepatitis, HIV, HIV positive, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, People living with HIV/AIDS, Pharmaceuticals, PLHIV
Download Judgment: English

Case 2945-2003-AA/TC

Country: Peru
Year: 2004
Court: Constitutional Court
Citation: Sentencia 2945-2003-AA/TC (2004). (Azanca Alhelí Meza García v. Ministry of Health)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The petitioner filed a writ of amparo (appeal for legal protection) against the Ministry of Health of Peru. She sought free administration of comprehensive medical treatment for HIV, including both the continuous delivery of necessary medicines and the performance of periodic CD4 cell count and viral load tests upon medical indication and/or the patient’s urgent …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Essential medicines, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, HIV, HIV positive, Indigent, Low income, Most-at-risk, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Poor, Social security, Testing, Underprivileged
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G. v. New India Assurance

Country: India
Year: 2004
Court: High Court - Bombay
Citation: Writ Petition No. 1562 of 1999
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination, Right to work
Facts:

G, the Petitioner, was the wife of an employee who died while he was employed in New India Assurance Company, the Respondent Company. The Petitioner applied for employment on compassionate grounds in the Respondent Company but was rejected. The Respondent Company’s doctor had advised that since the Petitioner had tested positive for HIV, she was …Read more

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

Gelfmann v. France

Country: France
Year: 2004
Court: European Court of Human Rights
Citation: App. No. 25875/03, Eur. Ct. H.R. 679 (2008).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant, a prisoner, alleged violation of Article 3 of the European Convention on Human Rights when his application for pardon on medical grounds was refused. Applicant contracted HIV nine years prior to being sentenced to 20 years of imprisonment. Because applicant refused to undergo a medical exam or release access to his medical records, …Read more

Tags: Access to health care, Access to treatment, AIDS, Custody, Detainee, Detention, Examination, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
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Harvey v. PD 

Country: Australia
Year: 2004
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 639;[2004] NSWCA 97 
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

The Respondent, PD, was a patient of the Alpha Medical Centre (the Centre) from October 1997 until February 1999. On 16 November 1998, she participated in a joint medical consultation with her husband-to-be, FH. The Appellants, Dr. Harvey and Dr. Chen, were their treating physicians. The couple met with Dr. Harvey for the purpose of …Read more

Tags: AIDS, Compensation, Confidentiality, Damages, Disclosure, Duty of care, Health information, Hepatitis, HIV, HIV positive, HIV status, Informed choice, Negligence, Non-disclosure, Patient choice, People living with HIV/AIDS, PLHIV, Remedies, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Tort, Transmission
Download Judgment: English