Lustig-Prean and Beckett v. United Kingdom
Country: United KingdomYear: 1999
Court: European Court of Human Rights
Citation: Applications No. 31417/96 and 32377/96; (2000) 29 EHRR 548; [1999] ECHR 71; 7 BHRC 65
Health Topics: Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Mr. Lustig-Prean and Mr. Beckett were discharged from the Royal Navy on the basis of their sexual orientation. In June 1994, Mr. Lustig-Prean was approached by military service police and, wanting to avoid further and less discrete investigations, Mr. Lustig-Prean admitted that he was homosexual. In May 1993, Mr. Beckett admitted to his superiors that …Read more
X v. Commonwealth
Country: AustraliaYear: 1999
Court: High Court
Citation: [1999] HCA 63; 200 CLR 177; 167 ALR 529; 74 ALJR 176
Health Topics: Disabilities, HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
X was discharged from the Australian Defence Force (ADF) after he tested positive for HIV, in accordance with an ADF policy that sought to avoid transmission of HIV between soldiers. He subsequently filed a complaint with the Human Rights and Equal Opportunity Commission (the Commission), claiming his discharge constituted unlawful discrimination under the Disability Discrimination …Read more
Bragdon v. Abbott
Country: United StatesYear: 1998
Court: Supreme Court
Citation: 524 U.S. 624 (1998)
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination
After disclosing she was HIV-positive on a patient registration form, Respondent Abbott was informed by her dentist, Petitioner, of his policy against filling cavities of HIV-infected patients. Petitioner offered to perform the work at a hospital with no added service fee, but with the cost of the use of the hospital’s facilities borne by Respondent. …Read more
D v. The United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: App. No. 30240/96, 24 Eur. H.R. Rep. 423 (1997).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to life, Right to privacy
The applicant, an individual suffering HIV/AIDS, brought action under Article 3 (freedom from torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights when he was threatened with expulsion from UK to St Kitts where he would not have access to necessary medical treatment and no family home or close …Read more
Doe v. Marsh
Country: United StatesYear: 1997
Court: 2nd Circuit Court of Appeal
Citation: 105 F.3d 106 (1997)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to privacy
The Appellants, Doe and Roe, brought this claim alleging that the respondent, Marsh, violated their right to privacy under the US Constitution. Doe and Roe were HIV positive individuals active in various HIV/AIDS support and advocacy organizations; both had participated in educational seminars for social workers and educators focused on HIV prevention. The seminars were …Read more
Mx of Bombay Indian Inhabitant v. M/S. Zy and Anr
Country: IndiaYear: 1997
Court: High Court - Bombay
Citation: AIR 1997 Bom 406; 1997 (3) BomCR 354; (1997) 2 BOMLR 504
Health Topics: HIV/AIDS, Infectious diseases, Occupational health, Poverty
Human Rights: Freedom from discrimination, Right to life, Right to work
The Petitioner, MX, was a casual labourer working for the Respondent, M/s ZY, a State owned corporation. Before his employment could be regularized, the Respondent required the Petitioner to undergo medical tests, including tests for HIV antibodies. The Petitioner passed all fitness requirements presented in the examination except those for HIV antibodies. The Respondent, upon …Read more
Z v. Finland
Country: FinlandYear: 1997
Court: European Court of Human Rights
Citation: App. No. 22009/93, 25 Eur. H.R. Rep. 371 (1997).
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health, Violence
Human Rights: Right to family life, Right to privacy
The applicant, a Finnish national, had been married to X, who was not a Finnish national, at the time the events occurred. They were both infected with the human immunodeficiency virus (HIV). X was convicted for rape and during the criminal proceedings the court gave orders requiring the applicant’s medical advisers to give evidence. In …Read more
A. & Ors. v. Denmark
Country: DenmarkYear: 1996
Court: European Court of Human Rights
Citation: App. No. 20826/92, 22 Eur. H.R. Rep. 458 (1996).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice
Human Rights: Right to due process/fair trial
The applicants were Danish citizens infected with HIV through State administered blood transfusions, who filed a violation of Article 6 of the Convention (right to court) claim. Eight of the applicants were victims and two were relatives of victims, who through frequent blood transfusions at Danish Hospitals were infected with HIV. The eight applicants/victims joined …Read more
C v. Minister of Correctional Services
Country: South AfricaYear: 1996
Court: High Court
Citation: 1996 (4) SA 292 (T)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Right of access to information, Right to privacy
While a prisoner in custody of the defendant, the plaintiff was informed by the prison nurse in the presence of other prisoners that he was to undergo a blood test for HIV and that he had the right to refuse such test. This information was repeated to the plaintiff in a closed consulting room, but …Read more
Case SU-256/96
Country: ColombiaYear: 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
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