State of Rio Grande do Sul v. Luiz Marcelo Dias
Country: BrazilYear: 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
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
Enhorn v. Sweden
Country: SwedenYear: 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
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
Leonel v. American Airlines
Country: United StatesYear: 2005
Court: 9th Circuit Court of Appeal
Citation: 400 F.3d 702 (2005)
Health Topics: Disabilities, Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination
The Appellants, Leonel and others, were persons living with HIV. They applied for and were granted offers for flight attendant positions with American Airlines (American). Upon discovery of their HIV-positive status, American rescinded Appellants’ job offers, citing their failure to disclose information during their medical examinations. The Appellants had originally been given conditional offers of …Read more
Luis Rolando Cuscul Pivaral, et al. (Persons Living with HIV/AIDS) v. Guatemala
Country: GuatemalaYear: 2005
Court: Inter-American Commission on Human Rights
Citation: Cuscul v. Guat., Case 642/03, Inter-Am. Comm’n H.R., Report No. 32/05, OEA/Ser.L/V/II.124, doc. 5 (2005).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to due process/fair trial, Right to health, Right to life
Petitioners, Luis Rolando Cuscul Pivaral and 38 others living with HIV/AIDS, alleged violations of Articles 4 (life), 8 (fair trial), 24 (equal protection), 25 (judicial protection), 26 (progressive development of economic, social and cultural rights) in conjunction with rights referred to in Article 1(1) of the American Convention on Human Rights because the State failed …Read more
Mazibuko v. Minister of Correctional Services, et al.
Country: South AfricaYear: 2005
Court: High court of Transvaal Provincial Division
Citation: Case No: 38151 / 05; [2007] JOL 18957 (T)
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
The Applicant, Simon Musi Mazibuko, was a prisoner living with HIV. He had been convicted of murder assault with intent to do grievous bodily harm, robbery, theft, and unlawful possession of a firearm and ammunition, and sentenced to life in prison. The Applicant was suffering from several opportunistic infections, including tuberculosis, and his CD4 count …Read more
N (FC) v. Secretary of State for the Home Department
Country: United KingdomYear: 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
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
Pehle v. Farm Bureau Life Insurance
Country: United StatesYear: 2005
Court: 10th Circuit Court of Appeal
Citation: 397 F.3d 897 (2005)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice
Gary and Renna Pehle (“Appellants”), husband and wife, applied for life insurance with the Farm Bureau Life Insurance Company (“Farm Bureau”) in Wyoming in 1999. As part of the application process, the Pehle’s submitted a blood test. The test was contracted to LabOne, an independent company located in Kansas. Both Appellants tested positive for Human …Read more
State of Mato Grosso v. Marina de Almeida Andrade
Country: BrazilYear: 2005
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: State of Mato Grosso v. Marina de Almeida Andrade, RE 400040/MT, Supremo Tribunal Federal [Federal Supreme Court] (2005).
Health Topics: Health care and health services, Health systems and financing, Infectious diseases, Medicines, Poverty
Human Rights: Right to health, Right to life
The State of Mato Grosso filed an extraordinary appeal against the decision of the Court of Justice of Mato Grosso. The Court of Justice found that the State was responsible for providing free medication for the treatment of HIV/AIDS to a needy individual, even though the medication was not included in the list of medication …Read more
A.V. et al. v. Estado Nacional [Ministerio de Salud de la Nación- Programa Nacional de Lucha contra el S.I.D.A.]
Country: ArgentinaYear: 2004
Court: Juzgado Nacional de Primera Instancia en lo Civil y Comercial Federal, Sala II [Federal Civil and Commercial Court of First Instance, 2nd Chamber]
Citation: Caso n° 3223/02, 27 February 2004.
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
The Petitioners were persons living with HIV. They brought action against the Ministry of Health of Argentina for failing to provide necessary medical treatment guaranteed by the Programa Nacional de Lucha contra el S.I.D.A. (National Programme Against AIDS). Petitioners filed a writ of amparo requesting judicial protection of their right to health and requesting that …Read more
Case 2945-2003-AA/TC
Country: PeruYear: 2004
Court: Constitutional Court
Citation: Sentencia 2945-2003-AA/TC (2004). (Azanca Alhelí Meza García v. Ministry of Health)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
The petitioner filed a writ of amparo (appeal for legal protection) against the Ministry of Health of Peru. She sought free administration of comprehensive medical treatment for HIV, including both the continuous delivery of necessary medicines and the performance of periodic CD4 cell count and viral load tests upon medical indication and/or the patient’s urgent …Read more