Minister of Health v. Treatment Action Campaign (No. 2)
Country: South AfricaYear: 2002
Court: Constitutional Court
Citation: [2002] ZACC 15; 2002 (5) SA 721; 2002 (10) BCLR 1033
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Right to health
The government of South Africa developed a national public health program to address mother-to-child transmission of HIV. The purpose of the program was to offer HIV-positive pregnant women nevirapine, a drug that prevents the transmission of HIV at birth, free of charge. The program was, however, limited in scope. It only offered nevirapine at certain …Read more
Montgomery v. Pinchak
Country: United StatesYear: 2002
Court: 3rd Circuit Court of Appeal
Citation: 294 F.3d 492 (2002)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The Appellant, Montgomery, was an inmate at the East Jersey State Prison (the Prison). Montgomery suffered from a heart condition and was HIV-positive. He brought these proceedings against prison administrative officials, the private corporate entity providing medical care to the prison (CMS), and a physician employed by CMS as an independent contractor at the prison. …Read more
Arcila Henao v. Netherlands
Country: NetherlandsYear: 2001
Court: European Court of Human Rights
Citation: Application No. 13669/03
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The applicant was a Columbian national residing in the Netherlands. He complained that his expulsion to Columbia would violate Article 3 of the European Convention on Human Rights (the “Convention”) which prohibits torture and inhuman or degrading punishment, as he would be unable to continue treatment for his HIV and Hepatitis B and would therefore …Read more
Miranda Cortéz, Jorge Odir, et al. v. El Salvador
Country: El SalvadorYear: 2001
Court: Inter-American Commission on Human Rights
Citation: Miranda Cortez v. El Sal., Case 12.249, Inter-Am. Comm’n H.R., Report No. 29/01, OEA/Ser.L/V/II.111 Doc. 20 rev. at 284 (2000).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
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
Applicant filed this petition on behalf of himself and 26 other HIV infected persons against the State of El Salvador alleging Article 26 of the American Convention (the right to health) violation for failing to provide HIV triple therapy medication they needed to prevent death and to improve their quality of life. Petitioner maintains that …Read more
Sahara House v. Union of India
Country: IndiaYear: 1998
Court: Supreme Court
Citation: W.P. (Civil) No. (s) 535 of 1998; W.P. No. (C) 512 of 1999; W.P. No. (C) No. 311 of 2003; W.P. No. (C) No. 61 of 2003
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to health, Right to life
Petitioner, Sahara House, was a center for residential care and rehabilitation. The Petitioner filed a public interest litigation in the Supreme Court under Article 32 of the Constitution of India (original writ jurisdiction of the Supreme Court). The Petitioner sought directions from the Court to the effect that denial of treatment to persons living with …Read more
B and Others v. Minister of Correctional Services and Others
Country: South AfricaYear: 1997
Court: High Court - Cape of Good Hope Provincial Division
Citation: 1997 (4) SA 441 (C); 1997 (6) BCLR 789 (C)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The Applicants were four prisoners living with HIV. They sought an order declaring that prisoners living with HIV who had reached the symptomatic stage of the disease and whose CD4 counts was less than 500 per milliliter of blood were entitled to receive appropriate antiretroviral treatment at the Government’s expense. They noted that Section 35(2)(e) …Read more
D v. The United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: App. No. 30240/96, 24 Eur. H.R. Rep. 423 (1997).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to life, Right to privacy
The applicant, an individual suffering HIV/AIDS, brought action under Article 3 (freedom from torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights when he was threatened with expulsion from UK to St Kitts where he would not have access to necessary medical treatment and no family home or close …Read more
Doe v. Wigginton
Country: United StatesYear: 1994
Court: 6th Circuit Court of Appeal
Citation: 21 F.3d 733 (1994)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The Appellant, Doe, a prisoner incarcerated in Kentucky, brought this challenge alleging his constitutional rights under the Eighth and Fourteenth Amendments were violated by Policy 13.5 (the Policy), a Kentucky rule which restricted the eligibility of inmates for “at-request” HIV testing. In January 1989, at an initial medical screening following his incarceration, Doe requested that …Read more