161 judgments found.

Lustig-Prean and Beckett v. United Kingdom

Country: United Kingdom
Year: 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
Facts:

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

Tags: Bullying, Confidentiality, Disclosure, Employment, Gay, HIV, HIV status, Homosexual, Humiliating treatment, LGBTI, Military, Most-at-risk, Queer, Secrecy, Sexual orientation
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R v. Secretary of State for the Home Department, ex parte Glen Fielding

Country: United Kingdom
Year: 1999
Court: High Court of Justice, Queen's Bench Division
Citation: [1999] EWHC Admin 641
Health Topics: HIV/AIDS, Infectious diseases, Medicines, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

In 1996, Glen Fielding was sentenced to four years imprisonment. Whilst incarcerated, Fielding, a man who had sex with men, requested condoms but was refused on the basis that it was against Prison Service policy to provide condoms to a prisoner who was not HIV-positive; there was no evidence that Fielding was HIV positive. The …Read more

Tags: AIDS, Bisexual, Contraception, Contraceptives, Custody, Gay, HIV, Homosexual, Imprisonment, Incarceration, Inmate, Jail, People living with HIV/AIDS, PLHIV, Queer, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs
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X v. Commonwealth

Country: Australia
Year: 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
Facts:

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

Tags: AIDS, Disabled, Employment, Hepatitis, HIV, HIV positive, HIV status, Military, Occupational hazards, Occupational health and safety, People living with HIV/AIDS, PLHIV, Safe working conditions, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
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Abbott v. Bragdon

Country: United States
Year: 1998
Court: United States Court of Appeals, First Circuit
Citation: 163 F. 3d 87 (1st Cir. 1998)
Health Topics: Disabilities, Health care and health services, HIV/AIDS
Human Rights: Freedom from discrimination, Right to health
Facts:

The plaintiff (Sidney Abbott), an asymptomatic HIV-individual, brought a discrimination suit against the defendant (Randon Bragdon), a dentist who refused to fill the plaintiff’s cavity in his dental office. Plaintiff asserted that this refusal of dental treatment was a violation of the American with Disabilities Act (ADA), 42 U.S.C. §12182 (1994), and the Maine Human …Read more

Tags: Access to treatment, Access to treatment Health facilities, HIV, HIV positive, Transmission
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Bragdon v. Abbott

Country: United States
Year: 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
Facts:

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

Tags: AIDS, Handicapped, HIV, HIV positive, HIV status, People living with HIV/AIDS, Physically challenged, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
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Ricardo Lachman, et al. v. Caja de Seguro Social (Amparo de Garantías Constitucionales – No. 199812)

Country: Panama
Year: 1998
Court: Supreme Court of Justice of Panama
Citation: Ricardo Lachman, et al. v. Caja de Seguro Social (Amparo de Garantías Constitucionales - No. 199812), Corte Suprema de Justicia, en pleno, Panamá [Supreme Court of Justice of Panama] Diciembre 31, 1998 (Pana.).
Health Topics: Health care and health services, Infectious diseases, Medicines
Human Rights: Right to health
Facts:

The petitioner, Ricardo Lachman, brought action on behalf of  La Fundación Pro Bienestar y Dignidad de las Personas Afectadas por el VIH/SIDA (Foundation for the Well-Being and Dignity of Persons with HIV/AIDS) and his patient Jorge Nelson Moran Jaen against the Social Security Fund for denying Nelson Moran HIV/AIDS treatment medications prescribed by Lachman. The …Read more

Tags: Access to health care, Access to medicines, Access to treatment, AIDS, HIV, People living with HIV/AIDS, Social security
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B and Others v. Minister of Correctional Services and Others

Country: South Africa
Year: 1997
Court: High Court - Cape of Good Hope Provincial Division
Citation: 1997 (4) SA 441 (C); 1997 (6) BCLR 789 (C)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The Applicants were four prisoners living with HIV. They sought an order declaring that prisoners living with HIV who had reached the symptomatic stage of the disease and whose CD4 counts was less than 500 per milliliter of blood were entitled to receive appropriate antiretroviral treatment at the Government’s expense. They noted that Section 35(2)(e) …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Custody, Detention, Essential medicines, First-line treatment, Health expenditures, Health funding, Health spending, HIV, HIV positive, Imprisonment, Incarceration, Inmate, Jail, People living with HIV/AIDS, Pharmaceuticals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
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C., C., et al. v. Ministerio de Salud y Acción Social de la Provincia de Buenos Aires

Country: Argentina
Year: 1997
Court: Civil and Commercial Court of Appeals of Bahía Blanca [Cámara de Apelaciones en lo Civil y Comercial de Bahía Blanca, Sala II]
Citation: C., C. y otros c/ Ministerio de Salud y Acción Social de la Provincia de Buenos Aires, C. Civ. y Com., Bahia Blanca, Sala II, LLBA1997, 1122, 2/9/1997 (Arg.).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

Persons living with HIV/AIDS had filed a guarantee of protection of individual constitutional rights (amparo protection) with the the lower court against the Ministry of Health, claiming that their HIV/AIDS medical treatment was willingly suspended, violating their right to health and jeopardizing their right to life. After the filing of the action, the treatment was …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Health expenditures, Health funding, Health spending, HIV, People living with HIV/AIDS, PLHIV
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Case SU-480/97

Country: Colombia
Year: 1997
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Informed consent, Medicines
Human Rights: Freedom of association, Right to health, Right to life, Right to social security
Facts:

The case combined six writs of tutela that were filed against the Institute of Social Security (ISS) into one record. The Plaintiffs were persons living with HIV who had not been able to obtain protease inhibitors to treat their HIV. The protease inhibitors sought by the Plaintiffs were antiretrovirals used in the treatment of HIV …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Generic drugs, Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, HIV, Informed choice, Out-of-pocket expenditures, Patient choice, People living with HIV/AIDS, PLHIV, Reimbursement, Social security, Subsidies
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D v. The United Kingdom

Country: United Kingdom
Year: 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
Facts:

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

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Cruel treatment, Degrading treatment, Essential medicines, First-line treatment, HIV, HIV positive, HIV status, Immigration, Inhuman treatment, Migrants, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Refugees, Second-line treatment, Secondary care, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
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