5 judgments found.

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

Armoniene v. Lithuania

Country: Lithuania
Year: 2008
Court: The European Court of Human Rights
Citation: Case Number 36919/02
Health Topics: Health information, HIV/AIDS, Hospitals
Human Rights: Right to family life, Right to privacy
Facts:

The applicant died during the pendency of proceedings at the Appellate stage. Prior to his death, the largest Lithuanian daily in an article titled “Pasvalys villages paralysed by the fear of death: residents of the remote Lithuanian area shackled by the AIDS threat” stated that the applicant’s husband was a victim of AIDS and that …Read more

Tags: Confidentiality, Diagnostics, Disclosure, HIV, HIV positive, People living with HIV/ AIDS, PLHIV, Right to Privacy, Testing
Download Judgment: English Lithuanian

T., S. v. Gobierno de la Ciudad de Buenos Aires

Country: Argentina
Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: T. 421. XXXVI.
Health Topics: Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against a public hospital in the city of Buenos Aires, to obtain the termination of a pregnancy because the fetus was anencephalic (a baby born with an underdeveloped brain and an incomplete skull), which was denied by the hospital. Abortions are illegal in …Read more

Tags: Right to bodily integrity, Right to Health, Right to Life, Right to Privacy, sexual and reproductive rights
Download Judgment: Spanish

Norman-Bloodsaw v. Lawrence Berkeley Laboratory

Country: United States
Year: 1998
Court: 9th Circuit Court of Appeals
Citation: 135 F.3d 1260 (9th Cir. 1998)
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice
Human Rights: Right to privacy
Facts:

The Defendant, Lawrence Berkeley Laboratory (“Lawrence”) conducted mandatory pre-placement examinations of their employees. This mandatory exam took place after an employment offer but prior to the start of job duties. Each of the plaintiffs (current and former workers of the Defendant) had undergone this mandatory pre-placement exam. During these exams, plaintiffs completed medical history questionnaires …Read more

Tags: Confidentiality, Disclosure, Mandatory examination, Mandatory testing, Medical records, Non-consensual testing and treatment, Notification, Right to Privacy
Download Judgment: English

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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