161 judgments found.

Ibrogimov v. Russia

Country: Russia
Year: 2018
Court: The European Court of Human Rights
Citation: Application No. 32248/12
Health Topics: HIV/AIDS
Human Rights: Freedom from discrimination, Right to family life
Facts:

The applicant, born in Uzbekistan. His family (except him) acquired Russian nationality but he continued to live with his grandfather in Uzbekistan. After his grandfather died, he moved to Russia in 2011. He was found to be HIV-positive and the authority denied his applicant for temporary residency. His challenges to the orders were dismissed and …Read more

Tags: AIDS, HIV, HIV positive, HIV status, Most-at-risk, People living with HIV/ AIDS, PLHIV, Transmission
Download Judgment: English

Navtej Singh Johar & Ors. v. Union of India

Country: India
Year: 2018
Court: Supreme Court of India
Citation: Writ Petition (Criminal) No. 76 of 2016
Health Topics: Health care and health services, HIV/AIDS, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to bodily integrity, Right to family life, Right to health, Right to life, Right to privacy
Facts:

Petitioners, by means of a writ petition, challenged Section 377 of the Indian Penal Code (‘IPC’), which made “carnal intercourse against the order of nature” a criminal offense punishable with life imprisonment. Petitioners argued that homosexuality, bisexuality, and other sexual orientations are equally natural and reflective of expression of choice and individuals should have the …Read more

Tags: Access to health care, Access to treatment, AIDS, Bisexual, Childbirth, Condoms, Depression, Gay, Gender identity, HIV, Homosexual, Intersex, Isolation, Lesbian, LGBTI, People loving with HIV/AIDS, Queer, Seclusion, Sexual orientation, Sodomy, Transgender, Transmission
Download Judgment: English

Bayev and Ors. v. Russia

Country:
Year: 2017
Court: European Court of Human Rights
Citation: Applications nos. 67667/09, 44092/12, and 56717/12
Facts:

The applicants were three Russian nationals, Mr. Bayev, Mr. Kiselev and Mr. Alekseyev, who had filed applications against the Russian Federation, in response to the legislative ban on “propaganda of non-traditional sexual relations aimed at minors” which was introduced, in part, for the protection of the morality and health of children in Russia. The three …Read more

Tags: Child and adolescent health: Child development, Health information, HIV, Mental health, public health, Right to Access to Information, sexual and reproductive rights
Download Judgment: English

Caleb Orozco v. Attorney General of Belize

Country: Belize
Year: 2016
Court: Supreme Court of Belize
Citation: Claim 668 of 2010
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of expression, Right to health, Right to privacy
Facts:

The Claimant, Caleb Orozco, a citizen of Belize was a homosexual male and a health educator. In the Supreme Court of Belize, he challenged the constitutional validity of Section 53 of the Belize Criminal Code to the extent that it criminalized anal sex between two consenting male adults. Section 53 of the Criminal Code stated …Read more

Tags: Access to health care, Access to treatment, AIDS, Assault, Buggery, Bullying, Counselling, Depression, Diagnostics, Gay, Hazing, HIV, HIV positive, HIV status, Homosexual, Lesbian, LGBTI, Molestation, Most-at-risk, Non-disclosure, People living with HIV/ AIDS, PLHIV, Queer, Rape, Secrecy, Sexual abuse, Sexual assault, Sexual harassment, Sexual orientation, Sexual violence, Sexually transmitted diseases, Sodomy, STDs, STIs, Transmission, Trauma
Download Judgment: English

E.L v. The Republic

Country: Malawi
Year: 2016
Court: High Court of Malawi, Zomba District Registry
Citation: [2016] MWHC 656
Health Topics: Child and adolescent health, HIV/AIDS, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial
Facts:

The appellant was convicted and sentenced to nine months of imprisonment under Section 192 of the Malawian Penal Code. Section 192 made it an offence to negligently engage in an act, which was likely to spread a dangerous life-threatening disease. E.L (the appellant) was HIV positive undergoing Anti Retroviral Treatment (ART). It was alleged that …Read more

Tags: AIDS, Antiretrovirals, ARVs, Breast feeding, Children, HIV, HIV positive, HIV status, Infant health, Minor, Most-at-risk, Pediatric health, People living with HIV/AIDS, PLHIV, Transmission
Download Judgment: English

Kenya Legal and Ethical Network on HIV and AIDS (KELIN) & Others v. Cabinet Secretary-Ministry of Health & Others

Country: Kenya
Year: 2016
Court: High Court of Kenya at Nairobi, Constitutional and Human Rights Division
Citation: Petition No. 250 of 2015 (2016)
Health Topics: Child and adolescent health, Health care and health services, Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to privacy
Facts:

President Kenyatta issued a directive to national government entities to prepare a report collecting data on all school-going children who were living with HIV and AIDS. Further the directive also mandated data on the guardians of such children, expectant mothers living with HIV and breastfeeding mothers who are HIV positive. The data was to be …Read more

Tags: AIDS, Awareness, Children, Confidentiality, Disclosure, Electronic health information, Electronic health records, Health data, Health records, HIV, HIV positive, HIV status, Medical records, Minor, Most-at-risk, Non-disclosure, People living with HIV/AIDS, PLHIV, Transmission
Download Judgment: English

Novruk and others v. Russia

Country: Russia
Year: 2016
Court: The European Court of Human Rights
Citation: Applications nos. 31039/11, 48511/11, 76810/12, 14618/13 and 13817/14
Health Topics: Health information, HIV/AIDS
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to family life
Facts:

The first applicant-Novruk, a Moldovian national after his first marriage and divorce, married Ms. S, a Russian national. The applicant discovered that he was HIV positive. Ms. S had a daughter from previous marriage and also was a foster mother to nine orphaned children. Some of the children were HIV positive. The applicant applied for …Read more

Tags: AIDS, Confidentiality, Disclosure, Health data, Health records, HIV, HIV positive, HIV status, Medical records, Most-at-risk, People living with HIV/AIDS, PLHIV, Transmission
Download Judgment: English

Wenner v. Germany

Country: Germany
Year: 2016
Court: European Court of Human Rights
Citation: no. 62303/13, § 59, ECHR 2016
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Public safety
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

The applicant has been a heroin addict since 1973, suffered from hepatitis C since 1975 and been HIV-positive since 1988. Attempts to overcome his heroin addiction through various treatments failed, and from 1991 to 2008 he was treated with drug substitution therapy. In 2008, the applicant was arrested on suspicion of drug trafficking and detained …Read more

Tags: Access to drugs, Access to health care, Access to treatment, Addiction, Cocaine, Drug safety, Drug use, Examination, Heroin, HIV, HIV/AIDS, Imprisonment, Incarceration, People living with HIV/AIDS, People who use drugs, Rehabilitation, Substance abuse
Download Judgment: English

Attorney General, et al. v. Dickson Tapela, et al.

Country: Botswana
Year: 2015
Court: Court of Appeal of the Republic of Botswana at Gaborone
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 health, Right to life
Facts:

Case 1: Tapela and Piye, two Zimbabwean nationals imprisoned in Botswana, both contracted HIV in prison. They were refused antiretroviral treatment for their condition based on a internal directive issued by the national government to all public medical institutions and personnel on March 26, 2004, indicating that testing, assessment, and treatment with antiretroviral and highly active …Read more

Tags: Access to health care, Access to treatment, AIDS, Detainee, Detention, Diagnostics, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Jail, Law enforcement, People living with HIV/AIDS, Testing
Download Judgment: English

Case of Angel Alberto Duque (Report on the merits)

Country: Colombia
Year: 2014
Court: Inter-American Commission on Human Rights
Citation: Report No. 5/14
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to social security
Facts:

Duque and his same-sex partner lived together as a couple for over ten years, until his partner died from AIDS. Four years prior to the death, Duque was diagnosed with HIV and was being treated under support from his partner. When his partner died, Duque asked the COLFONDOS (the pension service) to ask what requirements …Read more

Tags: Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Domestic partnership, Gay, Health expenditures, Health funding, Health spending, HIV, HIV positive, Homosexual, LGBTI, Low income, Out-of-pocket expenditures, People living with HIV/AIDS, PLHIV, Poor, Queer, Sexual orientation, Social security
Download Judgment: English Spanish