161 judgments found.

Kutaisi Regional Blood Bank v. Lamira Chaladze

Country: Georgia
Year: 2007
Court: Cassation Court
Citation: Case No. as-296-624-07
Health Topics: Health information, HIV/AIDS, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to life
Facts:

While giving birth to her second son, the Respondent lost a large amount of blood and needed a blood transfusion. Her relatives bought erythrocyte mass and karyoplasms from the Kutaisi Regional Blood Bank.  After the transfusion, the Respondent and her son became sick and doctors ultimately concluded that the Respondent and her son was HIV …Read more

Tags: AIDS, Blood transfusion, Breast feeding, Childbirth, Compensation, Damages, Disclosure, Duty of care, Health care technology, HIV, HIV positive, HIV status, Infant health, Informed choice, Maternal health, Notification, People living with HIV/AIDS, PLHIV, Standard of care, Transmission
Download Judgment: English Georgian

NM v. Smith

Country: South Africa
Year: 2007
Court: Constitutional Court
Citation: [2007] ZACC 6; Case CCT 69/05
Health Topics: Health information, HIV/AIDS, Informed consent
Human Rights: Right to privacy
Facts:

A publishing company published a biography on a South African member of parliament that disclosed the names of three women who were HIV-positive. The three women alleged that their names had been published in the book without their prior consent having been obtained. They had participated in clinical trials, known as the FTC 302 trials, directed …Read more

Tags: Clinical trials, Confidentiality, Disclosure, Health data, Health records, HIV, HIV positive, HIV status, Medical records, People living with HIV/AIDS, PLHIV
Download Judgment: English

EN and Others v. Government of RSA and Others (No. 1)

Country: South Africa
Year: 2006
Court: High Court - Durban and Coast Local Division
Citation: 2006 (6) SA 543 (D); 2007 (1) BCLR 84 (D)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Right to health
Facts:

An urgent application was filed on behalf of fifteen prisoners living with HIV/AIDS who required antiretroviral (ARV) treatment while incarcerated at the Westville Correctional Centre (WCC) in KwaZulu-Natal province. The Applicants were acting in their individual capacities and as representatives of the class of prisoners incarcerated at WCC. The sixteenth applicant was the Treatment Action …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Custody, Detention, Essential medicines, First-line treatment, Health expenditures, Health funding, Health spending, HIV, HIV positive, Imprisonment, Incarceration, Inmate, Jail, People living with HIV/AIDS, Pharmaceuticals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Melnik v. Ukraine

Country: Ukraine
Year: 2006
Court: European Court of Human Rights
Citation: App. No. 72286/01, Eur. Ct. H.R. (2006).
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Mental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The applicant, a private citizen of Ukraine, was convicted in the Vinnytsia District Court for the unlawful possession of a quantity of opium with the premeditated intent to sell along with a group of persons. The District Court sentenced the applicant to five years imprisonment. During the trial, the applicant had refused the representation of …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Cleanliness, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Drug abuse, Drug use, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Opioids, Opium, People who use drugs, Prison conditions, Substance abuse, TB, Tuberculosis
Download Judgment: English

Pramod Bhagwan Nayak v. State of Gujarat

Country: India
Year: 2006
Court: High Court - Gujarat
Citation: (2007) 1 GLR 796
Health Topics: Child and adolescent health, Health care and health services, HIV/AIDS, Infectious diseases, Poverty, Prisons, Public safety, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

The petitioner was challenging an order of detention for allegedly engaging in trafficking of women and girls. The grounds of the order were that petitioner was an “immoral traffic offender” which is “a person who habitually commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, …Read more

Tags: AIDS, Assault, Children, Contraception, Criminalization, Custody, Detention, Examination, Family planning, HIV, Minor, Poor, Sex workers, Sexual abuse, Sexual assault, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing, Underprivileged
Download Judgment: English

Rosaria Mashita Katakwe v. Hakasenke, et al.

Country: Zambia
Year: 2006
Court: High Court for Zambia
Citation: 2006/HP/0327
Health Topics: Child and adolescent health, Health care and health services, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to liberty and security of person, Right to life
Facts:

Rosaria Mashita Katakwe, a 13-year-old girl, was raped by her teacher Edward Hakasenke. She developed a sexually transmitted infection as a result of the rape and tested for HIV/AIDS. The Headmaster of the school had been warned before with respect to a prior relationship of the teacher with another girl in the school. The defendant …Read more

Tags: AIDS, Children, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Diagnostics, Examination, HIV, HIV positive, Humiliating treatment, Inhuman treatment, Minor, People living with HIV/AIDS, PLHIV, Rape, Sexual abuse, Sexual assault, Sexual violence, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing, Transmission, Violence against women
Download Judgment: English

State of Rio Grande do Sul v. Luiz Marcelo Dias

Country: Brazil
Year: 2006
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: State of Rio Grande do Sul v. Luiz Marcelo Dias, RE 393175-0/RS, Supremo Tribunal Federal [Federal Supreme Court] (2006).
Health Topics: Health care and health services, Infectious diseases, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The State of Rio Grande do Sul filed an extraordinary appeal against the decision of the lower court, which found the State was responsible for providing medication free of charge, to an individual with HIV who could no longer afford the medications. The State argued that it was not responsible for the provision of free …Read more

Tags: Access to medicines, AIDS, Antiretrovirals, ARVs, Budget, Health spending, HIV, People living with HIV/AIDS
Download Judgment: Portuguese

Banda v. Lekha

Country: Malawi
Year: 2005
Court: Industrial Relations Court
Citation: Matter No. IRC 277 OF 2004; [2005] MWIRC 44
Health Topics: Health care and health services, HIV/AIDS
Human Rights: Freedom from discrimination, Right to favorable working conditions
Facts:

The Respondent, Lekha, dismissed the Applicant, Banda, from employment for reasons related to the Applicant’s health. The Applicant was dismissed “immediately and without any formality” after she attended “HIV Voluntary Counselling and Testing” and tested positive for HIV. The Applicant claimed that during her employment she had never been incapacitated as a result of her …Read more

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

DW v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2005
Court: Asylum and Immigration Tribunal
Citation: [2005] UKAIT 00168
Health Topics: HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence
Facts:

DW was a Jamaican citizen who sought asylum in the United Kingdom. He claimed to have been persecuted in Jamaica on the basis of his sexual orientation. He recounted two instances of being assaulted on the basis of being a homosexual. DW feared reporting these incidences to the police because he believed that they would …Read more

Tags: Assault, Asylum, Degrading treatment, Gay, HIV, Homosexual, Immigration, Inhuman treatment, Law enforcement, LGBTI, Migrants, Police, Queer, Refugees, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs
Download Judgment: English

Enhorn v. Sweden

Country: Sweden
Year: 2005
Court: European Court of Human Rights
Citation: [2005] E.C.H.R. 56529/00
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Mental health, Public safety, Sexual and reproductive health
Human Rights: Right to liberty and security of person
Facts:

The Applicant was an HIV-positive man who had sex with men. He had transmitted HIV to another, younger man through a sexual encounter prior to his diagnosis. He was subsequently instructed by the county medical officer, among other things, not to have sexual intercourse without first disclosing to his partner that he was HIV-positive, to …Read more

Tags: Addiction, AIDS, Alcohol, Children, Clinics, Compulsory commitment, Compulsory confinement, Condoms, Counseling, Disclosure, Gay, HIV, HIV positive, Homosexual, Involuntary commitment, Involuntary confinement, Isolation, LGBTI, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Paranoia, People living with HIV/AIDS, PLHIV, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Substance abuse, Transmission
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