Mr. X v. Chairman, State Level Police Recruitment Board and Ors

Country: India
Year: 2005
Court: High Court - Andhra Pradesh
Citation: 2006 (2) ALD 513; 2006 (2) ALT 82
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination, Right to life, Right to work
Facts:

Mr. X, the Petitioner,  was an armed reserve police constable and had applied for the post of stipendiary cadet trainee sub-inspector of police (civil). He passed the physical test and the written exam, on the basis of which he was provisionally selected for the post. During the medical examination, however, he tested positive for HIV. …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
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N (FC) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 31
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health
Facts:

N, a Ugandan woman, came to London in Mach 1998 seeking asylum. Her application for asylum was rejected and the Secretary of State proposed to expel her. N was suffering from advanced HIV/AIDS, but had achieved a stable condition due to the extensive medical treatment and medication she had been receiving in the UK. If …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Degrading treatment, Essential medicines, First-line treatment, HIV, HIV positive, HIV status, Immigration, Inhuman treatment, Migrants, People living with HIV/AIDS, PLHIV, Refugees, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
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De Bruyn v. Minister of Justice and Customs

Country: Australia
Year: 2004
Court: Federal Court of Australia
Citation: (2004) 143 FCR 162; (2004) 213 ALR 479; [2004] FCAFC 334
Health Topics: HIV/AIDS, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The Appellant, De Bruyn, was a citizen of South Africa. The Respondent, the Minister of Justice and Customs (the Minister), ordered the Appellant to be surrendered to South Africa for an extradition offense. The Appellant was to be charged in South Africa with defrauding the First National Bank of South Africa. The Treaty on Extradition …Read more

Tags: AIDS, Cruel and unusual punishment, Cruel treatment, Detention, HIV, Imprisonment, Incarceration, Inhuman treatment, Jail, Law enforcement, Most-at-risk, Rape, Sexual abuse, Sexual assault, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture, Transmission
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G. v. New India Assurance

Country: India
Year: 2004
Court: High Court - Bombay
Citation: Writ Petition No. 1562 of 1999
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination, Right to work
Facts:

G, the Petitioner, was the wife of an employee who died while he was employed in New India Assurance Company, the Respondent Company. The Petitioner applied for employment on compassionate grounds in the Respondent Company but was rejected. The Respondent Company’s doctor had advised that since the Petitioner had tested positive for HIV, she was …Read more

Tags: Employment, HIV positive, HIV status, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
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Gelfmann v. France

Country: France
Year: 2004
Court: European Court of Human Rights
Citation: App. No. 25875/03, Eur. Ct. H.R. 679 (2008).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant, a prisoner, alleged violation of Article 3 of the European Convention on Human Rights when his application for pardon on medical grounds was refused. Applicant contracted HIV nine years prior to being sentenced to 20 years of imprisonment. Because applicant refused to undergo a medical exam or release access to his medical records, …Read more

Tags: Access to health care, Access to treatment, AIDS, Custody, Detainee, Detention, Examination, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
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Harvey v. PD 

Country: Australia
Year: 2004
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 639;[2004] NSWCA 97 
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

The Respondent, PD, was a patient of the Alpha Medical Centre (the Centre) from October 1997 until February 1999. On 16 November 1998, she participated in a joint medical consultation with her husband-to-be, FH. The Appellants, Dr. Harvey and Dr. Chen, were their treating physicians. The couple met with Dr. Harvey for the purpose of …Read more

Tags: AIDS, Compensation, Confidentiality, Damages, Disclosure, Duty of care, Health information, Hepatitis, HIV, HIV positive, HIV status, Informed choice, Negligence, Non-disclosure, Patient choice, People living with HIV/AIDS, PLHIV, Remedies, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Tort, Transmission
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Odafe and Others v. Attorney-General and Others

Country: Nigeria
Year: 2004
Court: High Court, Port Harcourt Division
Citation: Suit No. FHC/PH/CS/680/2003; (2004) AHRLR 205 (NgHC 2004) 
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 due process/fair trial, Right to health, Right to life
Facts:

The Applicants were detainees living with HIV. They had been awaiting trial for up to four years. The Applicants claimed that their continuous detention and segregation from the general prison population was a violation of their rights to dignity of the human person and freedom from discrimination in sections 34(1)(a) and 42(1) of the Constitution. …Read more

Tags: Access to health care, Access to treatment, AIDS, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
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R v. Dica

Country: United Kingdom
Year: 2004
Court: Supreme Court of Judicature, Court of Appeal (Criminal Division)
Citation: [2004] EWCA Crim 1103
Health Topics: HIV/AIDS, Infectious diseases, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity
Facts:

The Appellant, Dica, was HIV-positive. He engaged in unprotected sexual intercourse with two women. Both women tested positive for HIV subsequent to their sexual encounters with the Appellant. It was not clear whether the women were aware of the Appellant’s HIV status at the time of the encounters. The prosecution did not argue that the …Read more

Tags: AIDS, Condoms, Contraceptives, HIV, HIV positive, Rape, Sexual assault, Sexually transmitted diseases, Sexually transmitted infections, Smallpox, STDs, STIs, Transmission
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R v. Secretary of State for the Home Department, ex parte Razgar

Country: United Kingdom
Year: 2004
Court: House of Lords
Citation: [2004] UKHL 27
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health
Facts:

The Secretary of State sought to appeal a decision which held that removing Mr. Razgar from the United Kingdom would be a violation of his rights under the European Convention on Human Rights (ECHR). Mr. Razgar was an asylum seeker from Iraq who initially sought asylum in Germany, where he claimed to have been detained, …Read more

Tags: Access to health care, Access to treatment, Asylum, Degrading treatment, Immigration, Inhuman treatment, Mental disorder, Mental illness, Migrants, Refugees, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
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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