AN v. The Minister for Health & Children
Country: IrelandYear: 2015
Court: High Court of Ireland
Citation: [2015] IEHC 396 (Ir.)
Health Topics: Infectious diseases
Human Rights: Right to due process/fair trial
The appellant was diagnosed as a carrier of hemophilia A as an infant. Since she was a factor VII deficient, she had to get factor replacement therapy to cover any surgical or dental operation. The appellant was treated with a variety of blood products in the course of her childhood and teenage years including a …Read more
Case C‐528/13
Country: FranceYear: 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
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
Levan Asatiani, et al. v. Minister of Labour, Health and Social Affairs
Country: GeorgiaYear: 2014
Court: Constitutional Court [საქართველოს საკონსტიტუციო სასამართლო]
Citation: Case #2/1/536
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Public safety
Human Rights: Freedom from discrimination
The Minister of Labour, Health and Social Affairs of Georgia issued orders by which “homosexuals” were prohibited from donating blood or its components. The plaintiffs self-identified as homosexuals and, accordingly were impacted by the order. The plaintiffs alleged that the regulations of the Minister of Labour, Health and Social Affairs of Georgia were in contradiction …Read more
Oyal v. Turkey
Country: TurkeyYear: 2010
Court: European Court of Human Rights
Citation: App. No. 4864/05, Eur. Ct. H.R. (unpublished) (2010).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice, Poverty
Human Rights: Right to due process/fair trial, Right to life
The primary applicant, the child of the second two applicants, was born prematurely and diagnosed with an “inguinal and umbilical hernia.” The child required a number of blood and plasma transfusions during the first two months of life, and the applicant parents purchased the required blood and plasma quantities from the Turkish Red Cross. Four …Read more
Case STS 25-6-2009
Country: SpainYear: 2009
Court: Supreme Court
Citation: No. 3404/2008
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent
Human Rights: Freedom of religion, Right to health
Mr. Domingo was involved in an accident where he fractured his right femur. The Hospital of Bellvitge, where he was admitted, required patients to consent to a blood transfusion due to the risk of hemorrhage during surgery. Mr. Domingo refused a possible blood transfusion due to his religious beliefs as a Jehovah’s witness. Therefore, Mr. …Read more
TGGL v. Ecuador
Country: EcuadorYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 89/09, Petition 663-06, August 7, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, HIV/AIDS, Infectious diseases
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to life
This report addresses the admissibility of a petition that alleged Ecuador failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to life, the right to humane treatment, and rights of the child. The basis of the claim was that three years old TGGL became infected …Read more
Case 2005 (A) 947
Country: JapanYear: 2008
Court: Supreme Court [Saikō Saibansho]
Citation: Case No. 2005 (A) 947
Health Topics: Health systems and financing, HIV/AIDS, Medical malpractice
This case concerned whether the accused, the Director of the Biologics and Antibiotics Division of the Pharmaceutical Affairs Bureau of the Ministry of Health and Welfare, could be held criminally negligent after a patient was given unheated blood products contaminated with HIV and later died of AIDS. The victim was a hemophiliac patient at Osaka …Read more
Kutaisi Regional Blood Bank v. Lamira Chaladze
Country: GeorgiaYear: 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
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
M. Chinnaiyan v. Sri Gokulam Hospital and another
Country: IndiaYear: 2007
Court: National Consumer Disputes Redressal Commission
Citation: III (2007) CPJ 228 NC;
Health Topics: Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity
R. Lalitha, late wife of the Petitioner, M. Chinnaiyan underwent an operation in Sri Gokulam Hospital, the 1st Respondent (R1). In the post operative period, two units of blood from Queen Mary’s Laboratory, the 2nd Respondent (R2), was transfused into her. Soon thereafter, she developed many infections and tested positive for HIV. She later died …Read more
KZM v. Shanghai Institute of Biological Products [KZM诉上海生物制品研究所人身损害赔偿案]
Country: ChinaYear: 2004
Court: Shanghai First Intermediate Peoples’ Court
Citation: (2004) Hu-Zhongmin-Min zhongzi (No.1457)
Health Topics: Health systems and financing, HIV/AIDS, Infectious diseases
Human Rights: Right to social security
Appellant, KZM, was a patient with hemophilia A who became infected with HIV and hepatitis C. Appellant brought action against Shanghai Institute of Biological Products for causing the infection of HIV/AIDS from the medical product in which he was injected. The Shanghai Chang Ning District People’s Court found against the plaintiff in civil verdict No. 1984). …Read more