Members of transgender community sought a legal declaration of their gender identity, instead of the male or female identity assigned to them at the time of their birth, claiming that that non-recognition of their gender identity violated Articles 14 and 21 of the Constitution of India (the “Constitution”). Hijras and eunuchs, who were also members …Read more

Rhoades was diagnosed with HIV in 1998 and began receiving treatment for the disease from the University of Iowa Hospitals and Clinics every three to six months beginning in 2005. In 2008, Rhoades was informed that his viral load was non-detectible. Later that year, he met A.P. on a social networking cite that listed Rhoades …Read more

The applicants, two prisoners with HIV and an interested non-governmental organization, complain that the policy of denying Highly Active Antiretroviral Therapy (“HAART”) to non-citizen inmates is a violation of the rights of such non-citizen prisoners under the Constitution of Botswana. HAART is a drug treatment that helps control HIV mutation and reduces the likelihood of …Read more

As a result of his alleged non-disclosure of his HIV-positive status to 3 complainants prior to engaging in sexual relations, the appellant (defendant), Lester Felix, was convicted of five counts of aggravated sexual assault and one count of sexual assault. Felix appealed all convictions. There was no evidence of the appellant’s level of risk of …Read more

The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more

The Plaintiff was a nurse at a medical centre. Defendants were the medical centre and a doctor at the centre. While employed at the medical centre, the Plaintiff became pregnant and developed a skin disorder. She sought medical attention and the Defendant doctor performed several diagnostic tests. Neither the nature nor the outcome of the tests …Read more

On 28 October 1997, JC (a military officer) was arrested by Zambian police for an attempted coup d’état. He was severely tortured and charged with treason. While being tortured, he was forced to sign false confessions and to implicate other military officials. Because of the torture, he was hospitalized at various times. On 31 October …Read more

The applicant was arrested and convicted of murder. The applicant alleged that he had not received proper medical attention while in detention and his detention and refusal to release despite his serious medical condition amounted to cruel treatment. He was sentenced to ten years of imprisonment in 2004. The applicant had been suffering from Tuberculosis …Read more

The petitioners were Kenyan citizens living with HIV/AIDS. They petitioned seeking a declaration that the fundamental rights of life, human dignity and health as protected and envisaged by the Constitution, encompassed access to affordable and essential drugs and medicines, including generic HIV/AIDS drugs. The petitioners also sought a declaration that the Anti-Counterfeit Act, 2008 and …Read more

The Petitioners were citizens of Kenya living with HIV. They claimed that provisions of the Anti-Counterfeiting Act, 2008 (the Act) severely restricted access to affordable, essential medicines, including generic medicines for HIV-related diseases, in violation of their fundamental rights to life, dignity and health protected under articles 26(1), 28 and 43 of the Constitution of …Read more