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
R v. Secretary of State for the Home Department, ex parte Glen Fielding
Country: United KingdomYear: 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
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
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
Abbott v. Bragdon
Country: United StatesYear: 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
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
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
Ricardo Lachman, et al. v. Caja de Seguro Social (Amparo de Garantías Constitucionales – No. 199812)
Country: PanamaYear: 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
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
B and Others v. Minister of Correctional Services and Others
Country: South AfricaYear: 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
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
C., C., et al. v. Ministerio de Salud y Acción Social de la Provincia de Buenos Aires
Country: ArgentinaYear: 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
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
Case SU-480/97
Country: ColombiaYear: 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
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
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