134 judgments found.

J.A.O. v. Homepark Caterers LTD, et al.

Country: Kenya
Year: 2004
Court: High Court at Nairobi
Citation: J.A.O v. Homepark Caterers LTD & 2 Ors., (2004) eKLR (Kenya).
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Plaintiff, J.A.O., was a woman living with HIV. The Defendants were her employer (Homepark Caterers), her doctor and hospital. The Plaintiff claimed the doctor and hospital subjected her to an HIV test without her consent, in violation of her constitutional right to privacy. She further claimed that the doctor disclosed her HIV status to her employer without …Read more

Tags: AIDS, Confidentiality, Degrading treatment, Diagnostics, Disclosure, Examination, Health care professionals, Health care workers, Health data, Health facilities, Health records, HIV, HIV positive, HIV status, Humiliating treatment, Inhuman treatment, Medical records, Non-disclosure, Notification, People living with HIV/AIDS, PLHIV, Secrecy, Testing
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KZM v. Shanghai Institute of Biological Products [KZM诉上海生物制品研究所人身损害赔偿案]

Country: China
Year: 2004
Court: Shanghai First Intermediate Peoples’ Court
Citation: (2004) Hu-Zhongmin-Min zhongzi (No.1457)
Health Topics: Health systems and financing, HIV/AIDS, Infectious diseases
Human Rights: Right to social security
Facts:

Appellant, KZM, was a patient with hemophilia A who became infected with HIV and hepatitis C. Appellant brought action against Shanghai Institute of Biological Products for causing the infection of HIV/AIDS from the medical product in which he was injected. The Shanghai Chang Ning District People’s Court found against the plaintiff in civil verdict No. 1984). …Read more

Tags: Antiretrovirals, ARVs, Blood transfusion, Health expenditures, Health insurance, Health regulation, HIV, HIV positive, People living with HIV/AIDS, PLHIV, Social security
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Lemo v. Northern Air Maintenance (Pty) Ltd.

Country: Botswana
Year: 2004
Court: Industrial Court
Citation: 2004 (2) BLR 317 (IC)
Health Topics: Health information, HIV/AIDS, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to work
Facts:

The Applicant, Lemo, was employed by the Respondent, Northern Air Maintenance, as a trainee aircraft engineer. During a period of four years, the Applicant’s health deteriorated considerably. He consistently exhausted his annual and sick leave days and took unpaid leave, often for months at a time, in order to obtain medical assistance. Due to his …Read more

Tags: Antiretrovirals, ARVs, Confidentiality, Degrading treatment, Disclosure, Employment, Health care professionals, Health care workers, HIV, HIV positive, Inhuman treatment, Non-disclosure, People living with HIV/AIDS, PLHIV, Public hospitals
Download Judgment: English

Odafe and Others v. Attorney-General and Others

Country: Nigeria
Year: 2004
Court: High Court, Port Harcourt Division
Citation: Suit No. FHC/PH/CS/680/2003; (2004) AHRLR 205 (NgHC 2004) 
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
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:

The Applicants were detainees living with HIV. They had been awaiting trial for up to four years. The Applicants claimed that their continuous detention and segregation from the general prison population was a violation of their rights to dignity of the human person and freedom from discrimination in sections 34(1)(a) and 42(1) of the Constitution. …Read more

Tags: Access to health care, Access to treatment, AIDS, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
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R v. Dica

Country: United Kingdom
Year: 2004
Court: Supreme Court of Judicature, Court of Appeal (Criminal Division)
Citation: [2004] EWCA Crim 1103
Health Topics: HIV/AIDS, Infectious diseases, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity
Facts:

The Appellant, Dica, was HIV-positive. He engaged in unprotected sexual intercourse with two women. Both women tested positive for HIV subsequent to their sexual encounters with the Appellant. It was not clear whether the women were aware of the Appellant’s HIV status at the time of the encounters. The prosecution did not argue that the …Read more

Tags: AIDS, Condoms, Contraceptives, HIV, HIV positive, Rape, Sexual assault, Sexually transmitted diseases, Sexually transmitted infections, Smallpox, STDs, STIs, Transmission
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Secretary of State for the Home Department v. UK

Country: United Kingdom
Year: 2004
Court: Immigration Appeal Tribunal
Citation: [2004] UKIAT 00262
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to health, Right to privacy
Facts:

This case concerns an adjudicator’s review of the deportability of a Rwandan national infected with HIV in the UK. The claimant was a Rwandan, who in June 2001 was raped by soldiers in her home and took her husband. The incident arose out of the 1994 Rwandan genocide, in which her husband was a member of …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, HIV, HIV positive, Immigration, Mental illness, Migrants, Military, Militias, People living with HIV/AIDS, PLHIV, Rape, Refugees, Sexual assault
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V., W. J. v. Obra Social de Empleados de Comercio y Actividades Civiles

Country: Argentina
Year: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: V. 1389. XXXVIII
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
Facts:

The Petitioner brought action against Obra Social de Empleados de Comercio y Actividades Civiles (Osecac) for discrimination and violations of his rights to life and health. The Petitioner had received health insurance coverage from Osecac through his employer for seven years. Following termination of his job, the Petitioner sought to continue coverage with Osecac. However, …Read more

Tags: Access to health care, Access to treatment, AIDS, Employment, Health funding, Health insurance, Health spending, HIV, HIV positive, HIV status, Out-of-pocket expenditures, People living with HIV/AIDS, PLHIV, Social security
Download Judgment: English Spanish

Wu Zhongze, et al. v. Shanghai Institute of Biological Products [WZZ等诉上海生物制品研究所人身损害赔偿案]

Country: China
Year: 2004
Court: Shanghai First Intermediate Peoples’ Court
Citation: No. 127
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medical malpractice
Facts:

This case was an appeal to the Shanghai First Intermediate People’s Court by the parents of Wu Pengtao, a young boy who died in 2000 from AIDS. Wu Pengtao had contracted HIV/AIDS and Hepatitis C sometime prior to 1998 from allegedly tainted human coagulation factor VIII concentrates, which were used to treat his haemophilia A. …Read more

Tags: AIDS, Blood transfusion, Child mortality, Children, Compensation, Damages, Hepatitis, HIV, HIV positive, HIV status, Inadequate treatment, Minor, Negligence, Noncommunicable diseases, Pediatric health, People living with HIV/AIDS, PLHIV, Remedies, Standard of care, Tort, Transmission
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X v. State Bank of India

Country: India
Year: 2004
Court: High Court - Bombay
Citation: Writ Petition No. 1856 of 2002
Health Topics: HIV/AIDS, Infectious diseases, Occupational health, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life, Right to privacy, Right to work
Facts:

X, the Petitioner, was a sweeper with the State Bank of India, the Respondent, for nine years on a contractual basis.  The Respondent considered the Petitioner for another job and required him to undergo some medical tests. The Petitioner was deemed fit for the job by the concerned doctor. His ELISA test, however, showed that …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, Underprivileged
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Case 26/2003-R

Country: Bolivia
Year: 2003
Court: Constitutional Tribunal [Tribunal Constitucional]
Citation: Ana María Romero de Campero, Defensora del Pueblo v. Máximo García Bonilla, et al., General Manager of Health
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life, Right to social security
Facts:

The applicant ombudsman, representing N.N., brought an action against the President and General Auditor of the Supreme Court of Military Justice, and against the General Manager and Manager of Health of Military Social Security Corporation (COSSMIL). The applicant alleged that by denying N.N. a right to medical treatment, his right to health, life and social …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Health insurance, Health spending, HIV, HIV positive, HIV status, Military, People living with HIV/AIDS, Social security
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