A. v. Union of India
Country: IndiaYear: 2000
Court: High Court - Bombay
Citation: Writ Petition No. 1623 of 2000
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
A, the Petitioner, was a Master Chief Engine Room Artificer-II Class in the Indian Navy. In 1997, he was found to be living with HIV. He was put in low medical category but allowed to remain in service and complete 15 years of service, which made him eligible for pension and other benefits. In 1999, …Read more
Case 310-2000-R
Country: BoliviaYear: 2000
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to work
Gloria Máxima Ortiz Rivera, an employee at the Municipality of Sucre, received memorandum No. 95/00 on February 22, 2000, which she claimed put her in the fifth bracket of the payroll and constituted a demotion and an indirect dismissal. Rivera asserted that upon reaching her 32nd week of pregnancy she was prevented from accepting the …Read more
City of Montreal, et al. v. Commission des droits de la personne et des droits de la jeunesse
Country: CanadaYear: 2000
Court: Supreme Court
Citation: [2000] 1 R.C.S. 665
Health Topics: Disabilities
Human Rights: Freedom from discrimination, Right to work
In the first case the complainant, M, was refused employment as a gardener-horticulturist, even though she had successfully completed her training, after a pre-employment medical examination revealed a weakness in her spinal column. M had never suffered any lower back pain and had no disability performing normal activities. In the second case the complainant, T, …Read more
Herring v. Keenan
Country: United StatesYear: 2000
Court: 10th Circuit Court of Appeal
Citation: 218 F.3d 1171 (2000)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The Appellant, Herring, brought this suit alleging a violation of his constitutional right to privacy after his federal probation officer, Keenan, improperly disclosed his HIV status to his sister and to his restaurant employer. In December 1993, Herring voluntarily informed his probation officer that he had taken an HIV test and that he might be …Read more
Lustig-Prean and Beckett v. United Kingdom
Country: United KingdomYear: 1999
Court: European Court of Human Rights
Citation: Applications No. 31417/96 and 32377/96; (2000) 29 EHRR 548; [1999] ECHR 71; 7 BHRC 65
Health Topics: Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Mr. Lustig-Prean and Mr. Beckett were discharged from the Royal Navy on the basis of their sexual orientation. In June 1994, Mr. Lustig-Prean was approached by military service police and, wanting to avoid further and less discrete investigations, Mr. Lustig-Prean admitted that he was homosexual. In May 1993, Mr. Beckett admitted to his superiors that …Read more
Rae v. Strathclyde Joint Police Board
Country: United KingdomYear: 1999
Court: Scottish Court of Sessions
Citation: [1999] ScotCS 70
Health Topics: Chronic and noncommunicable diseases, Health information, Occupational health, Tobacco
Human Rights: Right to favorable working conditions
Agnes Rae was passively exposed to cigarette smoke as a civilian employee at the Wishaw Police office during 1979 to 1994. She became ill as a result of this exposure. The Strathclyde Regional Council were the largest employer in Scotland at the time of this matter, and employed their own Occupational Health Department. In 1999, …Read more
Smith and Grady v. United Kingdom
Country: United KingdomYear: 1999
Court: European Court of Human Rights
Citation: Applications No. 33985/96 and 33986/96; (1999) 29 EHRR 493; [1999] ECHR 72; [1999] IRLR 734; (1999) 11 Admin LR 879
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to privacy, Right to work
The Applicants were both exemplary members of the Royal Air Force and had been discharged solely due to being homosexual. The first appellant was an enrolled nurse. An anonymous female caller left a message on the applicant’s answering machine stating that she knew about the applicant’s homosexuality and afterwards informed the air force authorities. In a …Read more
X v. Commonwealth
Country: AustraliaYear: 1999
Court: High Court
Citation: [1999] HCA 63; 200 CLR 177; 167 ALR 529; 74 ALJR 176
Health Topics: Disabilities, HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
X was discharged from the Australian Defence Force (ADF) after he tested positive for HIV, in accordance with an ADF policy that sought to avoid transmission of HIV between soldiers. He subsequently filed a complaint with the Human Rights and Equal Opportunity Commission (the Commission), claiming his discharge constituted unlawful discrimination under the Disability Discrimination …Read more
Doe v. Marsh
Country: United StatesYear: 1997
Court: 2nd Circuit Court of Appeal
Citation: 105 F.3d 106 (1997)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to privacy
The Appellants, Doe and Roe, brought this claim alleging that the respondent, Marsh, violated their right to privacy under the US Constitution. Doe and Roe were HIV positive individuals active in various HIV/AIDS support and advocacy organizations; both had participated in educational seminars for social workers and educators focused on HIV prevention. The seminars were …Read more
Joint Stock Company “Transkop”, Bitola to the Constitutional Court
Country: MacedoniaYear: 1997
Court: Constitutional Court
Citation: 77/1998-0-0
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to social security
The Joint Stock Company ‘Transkop’, Bitola (the Company), challenged two bylaws establishing conditions on the funding of treatment abroad by the Health Insurance Fund. These bylaws were the Rulebook on the conditions and manner for referring the insurees to treatment abroad (the Rulebook) and the Resolution of the Minister of Health no.02-1439/1 delivered on February …Read more