Doe v. County of Centre
Country: United StatesYear: 2001
Court: 3rd Circuit Court of Appeal
Citation: 242 F.3d 437 (2001)
Health Topics: Child and adolescent health, Disabilities, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to life
Appellants, the Does, an interracial couple with an HIV-positive foster son (Adam), approached the Respondents, Centre County (the County), seeking to adopt another child through the County’s foster care program. The County had a statutory duty to investigate foster parent applications in order to preserve the physical and emotional health of foster children. The Does …Read more
Doe v. Delie
Country: United StatesYear: 2001
Court: 3rd Circuit Court of Appeal
Citation: 257 F.3d 309 (2001)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
The Appellant, Doe, an HIV-positive former inmate of the State Correctional Institution at Pittsburgh (SCIP), brought this claim against SCIP officials, alleging that prison practices violated his constitutional right to privacy under the Fourteenth Amendment to the Constitution. SCIP medical staff informed Doe that his HIV status would be kept confidential. However, because of practices …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
Asociación Benghalensis et al. v. Ministerio de Salud y Acción Social – Estado Nacional
Country: ArgentinaYear: 2000
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 186. XXXIV
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Asociación Benghalensis and other non-governmental organizations involved in HIV work brought action pursuant to the Constitution of Argentina and Law No. 23.798 against the government for its failure to provide health services, treatment and special administration of medicines to people living with HIV. Law No. 23.798 declared the response to HIV to be a national …Read more
Haindongo Nghidipohamba Nanditume v. Minister of Defense
Country: NamibiaYear: 2000
Court: Labour Court
Citation: Haindongo Nghidipohamba Nanditume v. Minister of Def., Case. No. LC 24/98 (Namib.).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to health
The HIV/AIDS epidemic in Namibia prompted the Government of Namibia to issue Guidelines for the Implementation of a National Code on HIV/AIDS in Employment (Guidelines), which extended nondiscrimination provisions to enlistment procedures of the Namibian Defence Force (NDF). In part, the Guidelines aimed to counteract prejudices and ignorance surrounding the nature and cause of HIV/AIDS, …Read more
Herring v. Keenan
Country: United StatesYear: 2000
Court: 10th Circuit Court of Appeal
Citation: 218 F.3d 1171 (2000)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The Appellant, Herring, brought this suit alleging a violation of his constitutional right to privacy after his federal probation officer, Keenan, improperly disclosed his HIV status to his sister and to his restaurant employer. In December 1993, Herring voluntarily informed his probation officer that he had taken an HIV test and that he might be …Read more
Hoffman v. South African Airways
Country: South AfricaYear: 2000
Court: Constitutional Court
Citation: (2) SA 628; 2001 (10) BHRC 571; (2000) 3 CHRLD 146
Health Topics: Health care and health services, HIV/AIDS
Human Rights: Freedom from discrimination
In 1996, the Appellant applied for employment as a cabin attendant with South African Airways (SAA). At the end of the selection process, he was found to be a suitable candidate for employment. He was then subject to a medical examination, which found him clinically fit and thus suitable for employment. However, a blood test …Read more
Makuto v. State
Country: BotswanaYear: 2000
Court: Court of Appeals
Citation: [2000] 5 LRC 183; (2000) 3 CHRLD 151
Health Topics: HIV/AIDS
Human Rights: Freedom from discrimination, Right to liberty and security of person
M was convicted of rape. Under s 142(2) of the Penal Code (as amended by the Penal Code (Amendment) Act 1998 (No 5 of 1998)) he was required to undergo an HIV test before being sentenced. M tested positive. Under s 142(4)(a) a person convicted of rape who proves to have HIV is subject to …Read more
BT v. Oei
Country: AustraliaYear: 1999
Court: Supreme Court of New South Wales
Citation: [1999] NSWSC 1082
Health Topics: Controlled substances, Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice, Mental health, Sexual and reproductive health
The case was brought by BT on behalf of herself and on behalf of the estate of her late husband, AT, against the defendant, a general practitioner, who was AT’s doctor from 26 November 1991 to 22 January 1993. The case arose as a result of the defendant’s alleged negligent failure to diagnose AT’s HIV …Read more
In re C (a child)
Country: United KingdomYear: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 3007
Health Topics: Child and adolescent health, HIV/AIDS, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
C’s mother was HIV infected. C, who was born in April 1999 was breastfed by her mother despite concern that this increased C’s potential to become infected by HIV if she was not already HIV positive. The local authority sought a direction for a blood test to be carried out to test C’s HIV status …Read more