92 judgments found.

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
Download Judgment: English Chinese

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
Download Judgment: English

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
Download Judgment: English Spanish

Case T-465/03

Country: Colombia
Year: 2003
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Tercera de Revisión junio 5, 2003, M.P.: Manuel José Cepeda Espinoza, Sentencia T-465/03 (Colom.).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Right to education, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to work
Facts:

Mr. XX filed a tutela action (appeal for legal protection) against the Ministry of National Defence-School of Cadets for expelling him after discovering that he was HIV-positive during a blood donation. The discharge occurred two months before the petitioner was to be promoted to Second Lieutenant. The petitioner had passed all health exams and was found …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Diagnostics, Employment, Essential medicines, Examination, HIV, HIV positive, HIV status, Military, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Testing
Download Judgment: English Spanish

Diau v. Botswana Building Society

Country: Botswana
Year: 2003
Court: Industrial Court
Citation: Case No. IC 50/2003
Health Topics: HIV/AIDS, Informed consent
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to work
Facts:

D was offered employment by B, a building society, as a security officer, subjecting her to undergoing and passing a full medical examination, including submission of certified documentation as to her HIV status. D began a six month probationary period which finished on 27 August 2002. After some reflection D informed B on 7 October …Read more

Tags: Compulsory examination, Compulsory testing, Employment, Forced examination, HIV, HIV status, Humiliating treatment, Informed choice, Mandatory examination, Mandatory testing, Non-consensual testing and treatment
Download Judgment: English

Doe v. United States Postal Service

Country: United States
Year: 2003
Court: District of Columbia Circuit Court of Appeals
Citation: 317 F.3d 339 (2003)
Health Topics: Disabilities, Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to privacy
Facts:

The Appellant, Doe, brought an action against his employer, the U.S. Postal Service, for the Postal Service’s disclosure of his HIV status in violation of both the Privacy Act and the Rehabilitation Act. Doe’s status was first revealed to Postal Service officials as part of a request for leave pursuant to the Family and Medical Leave …Read more

Tags: AIDS, Confidentiality, Disclosure, Employment, Health information, HIV, HIV positive, HIV status, Medical records, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Irvin and Johnson Ltd. v. Trawler and Line Fishing Union, et al.

Country: South Africa
Year: 2003
Court: Labour Court of South Africa
Citation: (4) BLLR 379 (SALC)
Health Topics: Health care and health services, Health information, HIV/AIDS, Informed consent, Occupational health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Applicant, Irvin and Johnson Limited, wished to arrange for the voluntary and anonymous HIV testing of the more than 1,100 employees in its trawling division. The testing was to be based on the principle of informed consent and accompanied by pre- and post-test counselling. However, the age and job category of the tested employee …Read more

Tags: AIDS, Compulsory testing, Confidentiality, Counseling, Health education, Health promotion, HIV, HIV status, Informed choice, Involuntary testing, Mandatory testing, Most-at-risk, Non-consensual testing and treatment, People living with HIV/AIDS, PLHIV, Testing
Download Judgment: English

Smith v. Carpenter

Country: United States
Year: 2003
Court: 2nd Circuit Court of Appeal
Citation: 316 F.3d 178 (2003)
Health Topics: Health care and health services, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Plaintiff filed suit alleging that Defendants deprived him of HIV medication on two occasions during his incarceration at the Camp Pharsalia Correctional Facility. The first deprivation occurred in October 1998 and lasted seven days, resulting from a delay in refilling Plaintiff’s prescriptions. The second occurred in January 1999, when Plaintiff’s medication was confiscated during a …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Cruel and unusual punishment, Cruel treatment, Custody, Detention, First-line treatment, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, People living with HIV/AIDS, PLHIV, Second-line treatment
Download Judgment: English

H v. Associated Newspapers and Anr.

Country: United Kingdom
Year: 2002
Court: Court of Appeal, Civil Division
Citation: [2002] EWCA Civ 195
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom of expression, Right of access to information, Right to privacy
Facts:

H was diagnosed as HIV positive whilst working as a care worker for the second respondent, N, the responsible health authority. Upon being diagnosed, H ceased to carry on practice as a healthcare worker and notified N of the reason for this. Under the Department of Health Guidelines (the ”guidelines”) patients who had undergone medical …Read more

Tags: AIDS, Awareness, Confidentiality, Disclosure, Freedom of information, HIV, HIV positive, HIV status, Non-disclosure, Notification, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Joy Mining Machinery v. NUMSA

Country: South Africa
Year: 2002
Court: Labour Court of South Africa
Citation: Case No: J 158/02; [2002] ZALC 7
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Informed consent, Occupational health
Human Rights: Freedom from discrimination
Facts:

The Applicant, Joy Mining Machinery, was a manufacturer, supplier and service provider of mining machinery. The Applicant had attempted to determine the extent of HIV prevalence at its workplace by commissioning a study of HIV prevalence based on the demographic groups at the workplace. As this was ultimately unhelpful, the Applicant wished to determine the …Read more

Tags: AIDS, Awareness, Clinics, Confidentiality, Counseling, Health care workers, Health education, HIV, HIV status, Informed choice, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing
Download Judgment: English