135 judgments found.

Case T-465/03

Country: Colombia
Year: 2003
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Tercera de Revisión junio 5, 2003, M.P.: Manuel José Cepeda Espinoza, Sentencia T-465/03 (Colom.).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Right to education, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to work
Facts:

Mr. XX filed a tutela action (appeal for legal protection) against the Ministry of National Defence-School of Cadets for expelling him after discovering that he was HIV-positive during a blood donation. The discharge occurred two months before the petitioner was to be promoted to Second Lieutenant. The petitioner had passed all health exams and was found …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Diagnostics, Employment, Essential medicines, Examination, HIV, HIV positive, HIV status, Military, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Testing
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Democratic Republic of the Congo v. Burundi, Rwanda and Uganda

Country: Burundi, Congo, DRC, Rwanda, Uganda
Year: 2003
Court: African Commission on Human and Peoples' Rights
Citation: (2004) AHRLR 19 (ACHPR 2003); Communication 227/99
Health Topics: Child and adolescent health, Disasters and emergencies, Health care and health services, HIV/AIDS, Hospitals, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to family life, Right to health, Right to life, Right to property
Facts:

The Democratic Republic of Congo initiated proceedings before the African Commission on Human and Peoples’ Rights, alleging that the respondent countries (Burundi, Rwanda, and Uganda) committed various human rights violations. The Democratic Republic of Congo alleged that the respondent countries committed multiple massacres against people of the Democratic Republic of Congo including attacking Inga hydroelectric …Read more

Tags: AIDS, Armed conflict, Assault, Children, Execution, Forced displacement, HIV, HIV positive, Manmade disaster, Military, Militias, Public hospitals, Rape, Sexual assault, Sexual violence, Transmission, Violence against women
Download Judgment: English

Doe v. United States Postal Service

Country: United States
Year: 2003
Court: District of Columbia Circuit Court of Appeals
Citation: 317 F.3d 339 (2003)
Health Topics: Disabilities, Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to privacy
Facts:

The Appellant, Doe, brought an action against his employer, the U.S. Postal Service, for the Postal Service’s disclosure of his HIV status in violation of both the Privacy Act and the Rehabilitation Act. Doe’s status was first revealed to Postal Service officials as part of a request for leave pursuant to the Family and Medical Leave …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

Smith v. Carpenter

Country: United States
Year: 2003
Court: 2nd Circuit Court of Appeal
Citation: 316 F.3d 178 (2003)
Health Topics: Health care and health services, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Plaintiff filed suit alleging that Defendants deprived him of HIV medication on two occasions during his incarceration at the Camp Pharsalia Correctional Facility. The first deprivation occurred in October 1998 and lasted seven days, resulting from a delay in refilling Plaintiff’s prescriptions. The second occurred in January 1999, when Plaintiff’s medication was confiscated during a …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Cruel and unusual punishment, Cruel treatment, Custody, Detention, First-line treatment, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, People living with HIV/AIDS, PLHIV, Second-line treatment
Download Judgment: English

AIDS Access Foundation, et al.. v. Bristol Myers-Squibb, et al.

Country: Thailand
Year: 2002
Court: Central Intellectual Property and International Trade Court
Citation: Black Case No. Tor Por 34/2544, Red Case No. 92/2545 (2002)
Health Topics: HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Facts:

The Plaintiffs were the AIDS Access Foundation, a non-governmental organization committed to protecting the rights and welfare of people living with HIV, and two persons living with HIV. The Defendant, Bristol Myers-Squibb, is a multinational pharmaceutical company based in the United States. The Court also summoned the Department of Intellectual Property as co-defendant. Defendant Bristol …Read more

Tags: Access to drugs, Access to medicines, AIDS, Antiretrovirals, ARVs, Essential medicines, Generic drugs, HIV, HIV positive, Intellectual property, Manufacturing, Patents, People living with HIV/AIDS, Pharmaceuticals, PLHIV
Download Judgment: English

Case 12-2002

Country: El Salvador
Year: 2002
Court: Supreme Court - Constitutional Chamber
Citation: No. 12-2002
Health Topics: Health care and health services, HIV/AIDS, Medicines
Human Rights: Right to health
Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, HIV, HIV positive
Download Judgment: Spanish

Case 538-2000

Country: El Salvador
Year: 2002
Court: Supreme Court
Citation: No. 538-2000
Health Topics: Health care and health services, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, HIV, HIV positive
Download Judgment: English Spanish

Ex. Const. Badan Singh v. Union of India and Anr.

Country: India
Year: 2002
Court: High Court - Delhi
Citation: 2002 VIIIAD Delhi 553; 97 (2002) DLT 986
Health Topics: Disabilities, Health systems and financing, HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
Facts:

The Petitioner, Ex. Const. Badan Singh, was an employee of the Border Security Force (BSF). While in employment he found out that he was living with HIV. Being considered unfit for employment by the Medical Board and the competent authority, he was discharged from service with a 70% disability. The Petitioner filed the petition in …Read more

Tags: Employment, Hepatitis, HIV positive, People living with HIV/AIDS, PLHIV, Reimbursement, TB, Tuberculosis
Download Judgment: English

H v. Associated Newspapers and Anr.

Country: United Kingdom
Year: 2002
Court: Court of Appeal, Civil Division
Citation: [2002] EWCA Civ 195
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom of expression, Right of access to information, Right to privacy
Facts:

H was diagnosed as HIV positive whilst working as a care worker for the second respondent, N, the responsible health authority. Upon being diagnosed, H ceased to carry on practice as a healthcare worker and notified N of the reason for this. Under the Department of Health Guidelines (the ”guidelines”) patients who had undergone medical …Read more

Tags: AIDS, Awareness, Confidentiality, Disclosure, Freedom of information, HIV, HIV positive, HIV status, Non-disclosure, Notification, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Minister of Health v. Treatment Action Campaign (No. 1)

Country: South Africa
Year: 2002
Court: Constitutional Court
Citation: (CCT9/02) [2002] ZACC 16; 2002 (5) SA 703; 2002 (10) BCLR 1075 (5 July 2002)
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
Facts:

The Constitutional Court was asked to determine whether the appellant (Government) was required to give effect, pending an appeal, to an order of the High Court which directed it to make the drug nevirapine available to mothers and their newborn babies in public health facilities under certain circumstances and conditions. The order concerned the programme …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Child development, Child mortality, Childbirth, Children, Essential medicines, First-line treatment, Health expenditures, Health funding, Health spending, HIV, HIV positive, Infant health, Infant mortality, Maternal health, Maternal mortality, Minor, People living with HIV/AIDS, Pharmaceuticals, Pregnancy, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English