A.B. v. Russia
Country: RussiaYear: 2010
Court: The European Court of Human Rights
Citation: Application No. 1439/06
Health Topics: Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The applicant was detained and sent to remand prison in May 2004, for attempted swindling; the court felt the applicant could be a repeat offender since he had no permanent residence or income. He was to be held in remand prison until his trial. The applicant had pre-existing chronic Hepatitis C and was diagnosed HIV-positive …Read more
Case AI 780709/RS
Country: BrazilYear: 2010
Court: Federal Supreme Court
Citation: AI 780709/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics: HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to health, Right to life
The Court of Justice held the State of Rio Grande do Sul responsible for providing medicines free of charge to an individual living with HIV who was unable to afford them. The court based its decision on the rights to life and health. Considering these medications necessary for the survival of the individual, the court blocked …Read more
Kingaipe and Chookole v. Attorney General
Country: ZambiaYear: 2010
Court: High Court at Livingstone
Citation: 2009/HL/86
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Informed consent
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to social security, Right to work
Petitioners Stanley Kingaipe and Charles Chookole sued the Zambian Air Force (ZAF) alleging violations of their constitutional rights to liberty, privacy, life, protection from inhuman and degrading treatment, and protection from discrimination. They also alleged violations of their rights to adequate medical and health facilities and adequate educational opportunities contained in the Directive Principles of …Read more
Kozhokar v. Russia
Country: RussiaYear: 2010
Court: The European Court of Human Rights
Citation: Application no. 33099/08, ECHR 2010
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
This case is about the conditions of the applicant’s detention and the sufficiency of his medical care while he was detained in remand centre no. IZ-71/1 and correctional colony no. 7 in the Tula region of the Russian Federation. On 18 October 2006, the applicant, a Russian national, was arrested for drug trafficking. He was …Read more
McCallum v. South Africa
Country: South AfricaYear: 2010
Court: United Nations Human Rights Committee
Citation: Communication No. 1818/2008; U.N. Doc. CCPR/C/100/D/1818/2008
Health Topics: Health care and health services, HIV/AIDS, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Bradley McCallum, a detainee at a maximum correctional facility in South Africa, claimed to be a victim of violations of articles 7 and 10 of the International on Civil and Political Rights (“Covenant”). In particular, McCallum alleged that he was physically abused, raped, and subject to other ill treatment by South African prison authorities during …Read more
Oyal v. Turkey
Country: TurkeyYear: 2010
Court: European Court of Human Rights
Citation: App. No. 4864/05, Eur. Ct. H.R. (unpublished) (2010).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice, Poverty
Human Rights: Right to due process/fair trial, Right to life
The primary applicant, the child of the second two applicants, was born prematurely and diagnosed with an “inguinal and umbilical hernia.” The child required a number of blood and plasma transfusions during the first two months of life, and the applicant parents purchased the required blood and plasma quantities from the Turkish Red Cross. Four …Read more
Biriuk v. Lithuania
Country: LithuaniaYear: 2009
Court: The European Court of Human Rights
Citation: Application No. 23373/03
The largest Lithuanian daily in an article titled “Pasvalys villages paralysed by the fear of death: residents of the remote Lithuanian area shackled by the AIDS threat” stated about Ms. Biriuk that she was notoriously promiscuous and that she had HIV. They also stated that she came to be infected with HIV by drug users. …Read more
J.S.C.H., et al. v. Mexico
Country: MexicoYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 02/09, Petitions 302-04 and 386-04, February 4, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Informed consent, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy, Right to social security, Right to work
This report addresses the admissibility of a petition that alleged Mexico failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to equal protection of the law and the right to humane treatment. J.S.C.H. and M.G.S. were discharged from the Mexican Army because of their HIV …Read more
Jorge Odir Miranda Cortez v. El Salvador
Country: El SalvadorYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 27/09, Case 12.249, March 20, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
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, Right to privacy, Right to work
This report addresses allegations that El Salvador failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to health and the right life. Petitioner, Jorge Odir Miranda Cortez, filed a petition on behalf of himself and 26 other people living with HIV against the State of …Read more
Aleksanyan v. Russia
Country: RussiaYear: 2008
Court: European Court of Human Rights
Citation: Application No. 46468/06; [2009] ECHR 1226
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person
A, a Russian national, was a former practicing member of the Moscow bar. On 29 March 2006 a Moscow district court authorized the criminal prosecution of A in connection with his alleged participation in the embezzlement of property and shares of several oil companies in the late 1990s. On 5 April 2006 Russian authorities searched …Read more