135 judgments found.

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
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Anderson v. Romero

Country: United States
Year: 1995
Court: 7th Circuit Court of Appeal
Citation: 72 F.3d 518 (1995)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to privacy
Facts:

The Appellee, Anderson, brought this challenge against two prison officials at the cell house in which he was placed. Anderson alleged that a superintendent and a guard violated his constitutional right to privacy and the Illinois AIDS Confidentiality Act by revealing that he was infected with the AIDS virus to an inmate sleeping in Anderson’s …Read more

Tags: AIDS, Confidentiality, Cruel and unusual punishment, Detention, Disclosure, Gay, Health information, HIV, HIV positive, HIV status, Homosexual, Imprisonment, Incarceration, Inmate, Jail, Medical records, Non-disclosure, People living with HIV/AIDS, PLHIV, Secrecy, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

Doe v. SEPTA

Country: United States
Year: 1995
Court: 3rd Circuit Court of Appeal
Citation: 72 F.3d 1133 (1995)
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to privacy
Facts:

The Appellant, Doe, was an HIV-positive employee of Respondent SEPTA. Doe brought this constitutional challenge after SEPTA reviewed his prescription drug records for the purpose of monitoring its employee prescription plan. Doe claimed that SEPTA infringed his right to privacy implicit in the right to due process in the Fourteenth Amendment to the Constitution. Doe …Read more

Tags: AIDS, Confidentiality, Disclosure, Employment, Health information, HIV, HIV positive, HIV status, Medical records, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Kobe ter Neuzen v. Korn

Country: Canada
Year: 1995
Court: Supreme Court
Citation: [1995] 3 S.C.R. 674, [1995] S.C.J. No. 79
Health Topics: HIV/AIDS, Infectious diseases, Medical malpractice, Sexual and reproductive health
Facts:

The plaintiff was infected with HIV through an artificial insemination (“AI”) procedure performed by the defendant physician in 1985, before the various methods of HIV transmission were widely known. The physician performed 35 AI procedures on the plaintiff between 1981 and January 1985. The physician did not warn the plaintiff about the possibility of HIV …Read more

Tags: Assisted reproductive technology, Compensation, Damages, Duty of care, HIV, HIV positive, In utero fertilization, Negligence, Non-pecuniary damage, People living with HIV/AIDS, PLHIV, Remedies, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Tort, Transmission
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ALA v. West Valley

Country: United States
Year: 1994
Court: 10th Circuit Court of Appeal
Citation: 26 F.3d 989 (1994)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to privacy
Facts:

The Appellant brought this appeal challenging the District Court’s grant of summary judgment declaring that the Appellant had not suffered an “injury in fact” and therefore had no standing. The Appellant was arrested at a retail store and the arresting police officer discovered, through a piece of paper in the Appellant’s wallet, that the Appellant …Read more

Tags: AIDS, Confidentiality, Disclosure, Health information, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Canada (Attorney General) v. Thwaites

Country: Canada
Year: 1994
Court: Federal Court - Trial Division
Citation: [1994] 3 F.C. 38
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Medicines, Occupational health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to work
Facts:

Simon Thwaites filed a complaint against the Canadian Armed Forces (CAF), alleging that it discriminated against him under the Canadian Human Rights Act (CHRA) by restricting his employment because of his HIV-positive status. Thwaites enlisted in the CAF in 1980 and by 1986 had risen to the rank of master seaman, a position that primarily …Read more

Tags: Access to treatment, Antiretrovirals, ARVs, Disabled, Employment, Gay, Health care professionals, Health care workers, HIV, HIV positive, HIV status, Homosexual, Job safety, LGBTI, Military, People living with HIV/AIDS, PLHIV, Sexual orientation
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Doe v. City of New York

Country: United States
Year: 1994
Court: 2nd Circuit Court of Appeal
Citation: 15 F.3d 264 (1994)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Appellant, Doe, brought this suit against the City of New York  (the City) and the City of New York Commission on Human Rights (the Commission) alleging that they breached his constitutional right to privacy. Doe filed an action with the Commission against his former employer, Delta Air Lines (Delta), alleging that Delta did not …Read more

Tags: AIDS, Confidentiality, Disclosure, Employment, Gay, Health information, HIV, HIV positive, HIV status, Homosexual, LGBTI, Medical records, Non-disclosure, People living with HIV/AIDS, PLHIV, Secrecy, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Multimedia WMAZ v. Kubach

Country: United States
Year: 1994
Court: Court of Appeals of Georgia
Citation: 443 SE 2d 491 (1994)
Health Topics: Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The plaintiff brought suit for invasion of privacy against the defendant, a broadcasting company, for the failure to adequately digitize the claimant’s image in a televised show on the topic of AIDS. The plaintiff was diagnosed with AIDS in 1987. While originally depressed and in poor condition after diagnosis, the plaintiff had a turnaround in …Read more

Tags: AIDS, Confidentiality, Disclosure, Gay, HIV, HIV positive, HIV status, Homosexual, LGBTI, Non-disclosure, People living with HIV/AIDS, PLHIV, Secrecy
Download Judgment: English

Toonen v. Australia

Country: Australia
Year: 1994
Court: United Nations Human Rights Committee
Citation: CCPR/C/50/D/488/1992
Health Topics: Health care and health services, Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Nicholas Toonen was a gay man, HIV/AIDS activist, and LGBT rights activist living in Tasmania. Tasmania criminalized same-sex sexual conduct among men under ss 122 and 123 its criminal code; it was the last remaining state or territory of Australia to do so, the remainder having repealed such laws. Toonen brought a communication before the …Read more

Tags: Access to health care, Access to treatment, AIDS, Awareness, Criminalization, Gay, Health education, Health promotion, HIV, HIV positive, HIV status, Homosexual, Law enforcement, LGBTI, Most-at-risk, People living with HIV/AIDS, PLHIV, Queer, Sexual orientation, Sodomy
Download Judgment: English

X v. France

Country: France
Year: 1992
Court: European Court of Human Rights
Citation: App. No. 18020/91, 14 Eur. H.R. Rep. 483 (1992).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medical malpractice
Human Rights: Right of access to information, Right to due process/fair trial
Facts:

The applicant was given a number of blood transfusions and was found to have been infected with the AIDS virus. He alleged that he had been infected a result negligent delay of the Minister for Solidarity, Health and Social Protection in implementing appropriate rules for the supply of blood products. After having made unsuccessful efforts …Read more

Tags: AIDS, Blood transfusion, Compensation, Damages, HIV, HIV positive, HIV status, Negligence, People living with HIV/AIDS, PLHIV, Remedies, Sexually transmitted diseases, Sexually transmitted infections, Smallpox, STDs, STIs, Transmission
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