20 judgments found.

Irvin and Johnson Ltd. v. Trawler and Line Fishing Union, et al.

Country: South Africa
Year: 2003
Court: Labour Court of South Africa
Citation: (4) BLLR 379 (SALC)
Health Topics: Health care and health services, Health information, HIV/AIDS, Informed consent, Occupational health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Applicant, Irvin and Johnson Limited, wished to arrange for the voluntary and anonymous HIV testing of the more than 1,100 employees in its trawling division. The testing was to be based on the principle of informed consent and accompanied by pre- and post-test counselling. However, the age and job category of the tested employee …Read more

Tags: AIDS, Compulsory testing, Confidentiality, Counseling, Health education, Health promotion, HIV, HIV status, Informed choice, Involuntary testing, Mandatory testing, Most-at-risk, Non-consensual testing and treatment, People living with HIV/AIDS, PLHIV, Testing
Download Judgment: English

Ferguson v. City of Charleston

Country: United States
Year: 2001
Court: Supreme Court
Citation: 532 U.S. 67 (2001)
Health Topics: Child and adolescent health, Controlled substances, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

Petitioners were former patients who received obstetrical care at the Medical University of South Carolina (MUSC), a public hospital in the city of Charleston, and who were arrested after testing positive for cocaine. In 1988, concerns arose among MUSC staff about an apparent increase in the use of cocaine by patients who were receiving prenatal …Read more

Tags: Child development, Children, Cocaine, Compulsory testing, Crack cocaine, Drug abuse, Infant health, Infant mortality, Informed choice, Involuntary testing, Mandatory testing, Maternal health, Minor, Non-consensual testing and treatment, Patient choice, Pregnancy, Substance abuse
Download Judgment: English

In re C (a child)

Country: United Kingdom
Year: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 3007
Health Topics: Child and adolescent health, HIV/AIDS, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

C’s mother was HIV infected. C, who was born in April 1999 was breastfed by her mother despite concern that this increased C’s potential to become infected by HIV if she was not already HIV positive. The local authority sought a direction for a blood test to be carried out to test C’s HIV status …Read more

Tags: AIDS, Breast feeding, Child development, Children, Compulsory testing, HIV, HIV positive, HIV status, Infant health, Involuntary testing, Mandatory testing, Minor, Most-at-risk, Non-consensual testing and treatment, Non-evidence based treatment, Parental consent, Pediatric health, People living with HIV/AIDS, PLHIV, Transmission
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

C v. Minister of Correctional Services

Country: South Africa
Year: 1996
Court: High Court
Citation: 1996 (4) SA 292 (T)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Right of access to information, Right to privacy
Facts:

While a prisoner in custody of the defendant, the plaintiff was informed by the prison nurse in the presence of other prisoners that he was to undergo a blood test for HIV and that he had the right to refuse such test. This information was repeated to the plaintiff in a closed consulting room, but …Read more

Tags: AIDS, Compulsory testing, Confidentiality, Custody, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Informed choice, Inmate, Involuntary testing, Jail, Mandatory testing, Most-at-risk, Non-consensual testing and treatment, Patient choice, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English

Case SU-256/96

Country: Colombia
Year: 1996
Court: Constitutional Court
Health Topics: Health information, HIV/AIDS, Informed consent, Occupational health
Human Rights: Freedom from discrimination, Right to health, Right to privacy, Right to social security, Right to work
Facts:

Mr. XX, the Plaintiff, worked for the Gun Club Corporation, the Respondent, from 16 March 1992 until 1 July 1994. On 28 April 1994, Dr. Alvaro Murra Erazo, who was working for the Respondent, administered an HIV test to the Plaintiff. After receiving a positive result, the Plaintiff was advised by Dr. Murra to resign …Read more

Tags: AIDS, Compulsory testing, Confidentiality, Employment, HIV, HIV positive, HIV status, Involuntary testing, Job safety, Mandatory testing, Non-consensual testing and treatment, People living with HIV/AIDS, PLHIV, Safe working conditions, Transmission, Workers' compensation
Download Judgment: English Spanish

Yin v. State of California

Country: United States
Year: 1996
Court: 9th Circuit Court of Appeal
Citation: 95 F.3d 864 (1996)
Health Topics: Disabilities, Health information, Informed consent
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

Plaintiff, Yin, brought an action against her employer, the State of California Employment Department, to prohibit them from requiring her to release her medical records, submit to an examination, and be subject to discipline for refusing to do so. Yin had a “prolonged and egregious history of absenteeism and a record of on-the-job illnesses.” She …Read more

Tags: Compulsory testing, Confidentiality, Disclosure, Employment, Health data, Health information, Involuntary testing, Mandatory testing, Medical records, Non-consensual testing and treatment, Non-disclosure, Secrecy
Download Judgment: English

Harris v. Thigpen

Country: United States
Year: 1991
Court: 11th Circuit Court of Appeal
Citation: 941 F.2d 1495 (1991)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Appellants brought this challenge to the constitutionality of an Alabama statute which authorized the Alabama Department of Correction’s (DOC) policy of mandatory testing of all present and future Alabama state prisoners for HIV antibodies, as well as the forced segregation of HIV-positive inmates. Two classes were involved in the action: the Appellant class, which …Read more

Tags: Access to health care, Access to treatment, AIDS, Compulsory testing, Confidentiality, Cruel and unusual punishment, Detention, Disclosure, Health information, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Involuntary testing, Jail, Mandatory testing, Medical records, Non-consensual testing and treatment, Non-disclosure, People living with HIV/AIDS, PLHIV, Primary care, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

Case 37/1989

Country: Spain
Year: 1989
Court: Supreme Court
Citation: Spanish Constitutional Court Courtroom 1st, S 15-2-1989, No.37/1989, Spanish Official Bulletin 52/1989, March 2, 1989, rec 235/1989
Health Topics: Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

On November 5 1986, the Court of First Instance and Preliminary Investigations No. 10 of Malaga ordered the search of a medical clinic where criminal actions (specifically, the administration of abortions) were allegedly taking place. In so doing, information regarding the medical history of Ms. Ximena’s (the appellant) was recorded. On November 21, 1986, the …Read more

Tags: Abortion, Clinics, Compulsory examination, Compulsory testing, Confidentiality, Criminalization, Degrading treatment, Disclosure, Forced examination, Health facilities, Health records, Humiliating treatment, Inhuman treatment, Involuntary examination, Involuntary testing, Mandatory examination, Mandatory testing, Medical records, Non-disclosure, Pregnancy, Secrecy, Termination of pregnancy
Download Judgment: English

Angel Lorenzo v. The Director of Health

Country: Philippines
Year: 1927
Court: Supreme Court
Citation: G.R. No. 27484
Health Topics: Infectious diseases, Informed consent
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

The Petitioner, who suffered from leprosy (Hansen’s disease), was confined in the San Lazaro Hospital in Manila in conformity with §1058 of the Administrative Code, which empowered the Director of Health and his authorized agents “to cause to be apprehended, and detained, isolated, or confined, all leprous persons in the Philippine Islands.” The Petitioner brought …Read more

Tags: Compulsory examination, Compulsory testing, Forced examination, Involuntary examination, Involuntary testing, Leprosy, Mandatory examination, Mandatory testing, Non-consensual testing and treatment
Download Judgment: English