Dina Rosa Vieira brought the case against the municipality of Porto Alegre for failing to provide medication for the treatment of AIDS. Vieira was destitute and unable to afford the medication herself. The first instance court ruled in favor of Vieira and ruled that in light of the constitutional principles protecting the right to health …Read more

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

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

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

Living World Distributors (“LWD”) attempted to import two videos from the USA into New Zealand. The videos, which discussed aspects of homosexuality, opposed the granting of special rights to homosexuals and stated that homosexuality is one of the causes of the spread of HIV/AIDS. The videos were deemed suitable for audiences over 16 years old …Read more

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

The parties were husband and wife married under the African Christian Marriage and Divorce Act. They had two sons, ages seven and ten. In 2000, the husband petitioned for divorce on the grounds of cruelty, claiming that the wife, having tested HIV positive, was endangering his life. The superior court ordered that the wife be …Read more

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

The petitioners were a group of persons living with HIV. They filed a writ of amparo against Venezuela’s Ministry of Health and Social Assistance (the Ministry). The Petitioners asked the Court to enjoin the Ministry to provide, free of charge: (1) the regular and periodic delivery of antiretroviral drugs and medication for opportunistic diseases; (2) …Read more

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