8 judgments found.

Case C‐528/13

Country: France
Year: 2015
Court: European Court of Justice
Citation: Case C‐528/13 Geoffrey Léger v Ministre des Affaires sociales, de la Santé et des Droits des femmes, Établissement français du sang
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination
Facts:

The case concerned whether France could permanently defer men who have had sex with another man from blood donation. Mr. Léger went to a collection center to donate blood, but his blood donation was refused on the ground that he had had sexual intercourse with another man. The decision was based on a French decree …Read more

Tags: Blood transfusion, HIV/AIDS, Infectious diseases, Public safety
Download Judgment: English

R v Kuoth

Country: Australia
Year: 2010
Court: Supreme Court of Victoria – Court of Appeal
Citation: [2010] VSCA 103
Facts:

The applicant Mr.Kuoth was sentenced by the County Court of Victoria on two counts, which were related to the same victim and the same evening, but were separated in time. He was sentenced to punishment for his reckless conduct endangering persons under s.23 of the Crimes Act 1958, where he had unprotected sex with the …Read more

Tags: HIV/AIDS, Infectious diseases, Informed consent, Right to Due Process/Fair Trial, Right to Liberty and Security of Person, Sexual and reproductive health
Download Judgment: English

COLAK AND TSAKIRIDIS v. GERMANY

Country: Germany
Year: 2009
Court: European Court of Human Rights
Citation: Case of Colak and Tsakiridis v. Germany, Applications nos. 77144/01 and 35493/05. Strasbourg, 5 March 2009.
Health Topics: Health information, HIV/AIDS, Infectious diseases, Medical malpractice
Human Rights: Right to due process/fair trial, Right to family life, Right to life, Right to privacy
Facts:

The first applicant (“the applicant”) was born in 1968 and lives in Wiesbaden. In December 1992 the applicant’s companion found out that he was suffering from cancer and AIDS. He informed the applicant about the cancer but concealed his AIDS infection. On 21 January 1993 he informed their family physician about his diseases but forbade him to …Read more

Tags: Health care professionals, HIV/AIDS, Medical malpractice, Right to Fair Trial, Right to Life, Right to Privacy
Download Judgment: English

R v Parenzee

Country: Australia
Year: 2007
Court: Supreme Court South Australia (Court of Criminal Appeal)
Citation: [2007] SASC 316
Facts:

The appellant, Mr. Parenzee, had filed an application seeking permission to appeal against the decision of the trial Judge before the Full Bench of the Supreme Court of South Australia. The ground for the appeal as put by the appellant was a miscarriage of justice caused by the absence of a piece of evidence at …Read more

Tags: HIV/AIDS, Right of Access to Information, Right to Due Process/Fair Trial, Right to Life, Sexual and reproductive health
Download Judgment: English

Rogers, Silvia Elena v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: R. 671. XXXIX.
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance of the Province of Buenos Aires (IOMA), the Province of Buenos Aires, and the National State to provide her HIV/AIDS medication, arguing that her right to health was violated. The plaintiff claimed that she complied with all the requirements …Read more

Tags: Access to health care, Access to medicines, Access to treatment, HIV/AIDS, Medicines, People living with HIV/AIDS
Download Judgment: Spanish

State v. Marapo

Country: Botswana
Year: 2002
Court: Court of Appeal
Citation: AHRLR 58 (BwCA 2002); Criminal Appeal No. 15/2002
Health Topics: HIV/AIDS, Infectious diseases, Prisons, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The case discusses the constitutionality of a statute that denied bail to people accused of rape. Marapo was arrested and charged with rape. Under Section 142(1)(i) of the Botswana Penal Code, he was not entitled to bail before trial. Marapo brought his case to the High Court, arguing that section 142(1)(i) of the Penal Code …Read more

Tags: AIDS, Custody, Detainee, Detention, HIV, HIV/AIDS, Imprisonment, Incarceration, Inmate, Jail, Rape, Safety regulation, Sexual assault, Sexual violence, Sexually transmitted infections, STDs, STIs, Transmission, Violence against women
Download Judgment: English

Alcalá, Cristina Beatriz v. Ministerio de Salud y Acción Social

Country: Argentina
Year: 2000
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 224. XXXIV.
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to social security
Facts:

Cristina Beatriz Alcalá filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health and Social Action to obtain the drug, Indinavir, to continue her treatment against AIDS and to test her viral load. She indicated that the treatment consists of a cocktail of drugs consisting of AZT, 3TC and …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Health regulation, HIV, HIV/AIDS, People living with HIV/ AIDS, Public hospital
Download Judgment: Spanish

B. R. E. v. Policía Federal Argentina

Country: Argentina
Year: 1996
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 77. XXX.
Health Topics: HIV/AIDS, Informed consent, Public safety
Human Rights: Right of access to information, Right to bodily integrity, Right to health, Right to life, Right to privacy, Right to work
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Argentine Federal Police, which issued a resolution forcing the plaintiff to retire from the police force due to being HIV positive. The HIV test was performed without the consent of the plaintiff, which constituted a violation of his right to privacy. …Read more

Tags: Compulsory testing, discrimination, HIV positive, HIV/AIDS, Non-consensual testing and treatment, People living with HIV/ AIDS, Right to bodily integrity, Right to Health, Right to Life, Right to Privacy, Right to work
Download Judgment: Spanish
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