Centre For Legal Resources On Behalf of Valentin Câmpeanu v. Romania
Country: RomaniaYear: 2014
Court: The European Court of Human Rights
Citation: ECHR 222 (2014)
Health Topics: Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
The application was lodged by Centre for Legal Resources (CLR) on behalf of Campeanu, who was born in 1985 and died in 2004. He was abandoned at birth and was diagnosed as being HIV positive and suffered from a mental disability. In 2003, Mr. Campeanu had to leave the centre. Two assessments of his health …Read more
Government of the Republic of Namibia v. LM et al.
Country: NamibiaYear: 2014
Court: Supreme Court of Namibia
Citation: [2014] NASC 19
Health Topics: Health care and health services, Health information, HIV/AIDS, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
The respondents, three Namibian HIV positive pregnant women, were sterilized while undergoing emergency caesareans. The respondents each signed a consent form, which included consent to the caesarean operation and sterilization through bilateral tubal ligation (BLT) but claimed that they did not provide informed consent which is required for sterilization to be considered lawful. The first …Read more
Levan Asatiani, et al. v. Minister of Labour, Health and Social Affairs
Country: GeorgiaYear: 2014
Court: Constitutional Court [საქართველოს საკონსტიტუციო სასამართლო]
Citation: Case #2/1/536
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Public safety
Human Rights: Freedom from discrimination
The Minister of Labour, Health and Social Affairs of Georgia issued orders by which “homosexuals” were prohibited from donating blood or its components. The plaintiffs self-identified as homosexuals and, accordingly were impacted by the order. The plaintiffs alleged that the regulations of the Minister of Labour, Health and Social Affairs of Georgia were in contradiction …Read more
National Legal Services Authority v. Union of India and others
Country: IndiaYear: 2014
Court: Supreme Court
Citation: [(2014) 5 SCC 438]
Health Topics: Health care and health services, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of expression, Right to life, Right to privacy
Members of transgender community sought a legal declaration of their gender identity, instead of the male or female identity assigned to them at the time of their birth, claiming that that non-recognition of their gender identity violated Articles 14 and 21 of the Constitution of India (the “Constitution”). Hijras and eunuchs, who were also members …Read more
Rhoades v. Iowa
Country: United StatesYear: 2014
Court: Supreme Court of Iowa
Citation: No. 12-0180
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Rhoades was diagnosed with HIV in 1998 and began receiving treatment for the disease from the University of Iowa Hospitals and Clinics every three to six months beginning in 2005. In 2008, Rhoades was informed that his viral load was non-detectible. Later that year, he met A.P. on a social networking cite that listed Rhoades …Read more
Tapela, et al. v. Attorney General, et al.
Country: BotswanaYear: 2014
Court: High Court
Citation: (MAHGB-000057-14), BWHC 1 (2014)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
The applicants, two prisoners with HIV and an interested non-governmental organization, complain that the policy of denying Highly Active Antiretroviral Therapy (“HAART”) to non-citizen inmates is a violation of the rights of such non-citizen prisoners under the Constitution of Botswana. HAART is a drug treatment that helps control HIV mutation and reduces the likelihood of …Read more
Agency for International Development v. Alliance for Open Society International, Inc.
Country: United StatesYear: 2013
Court: Supreme Court
Citation: 570 U.S. ___ (2013)
Health Topics: Health systems and financing, HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom of expression
The United States Leadership against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Leadership Act), 22 U.S.C. §7601 set forth a strategy to globally combat the spread of HIV/AIDS. Congress authorized the appropriation of billions of dollars to fund efforts by nongovernmental organizations working in this area. The Leadership Act’s conditions stated that: (1) No funds …Read more
R. v. Felix
Country: CanadaYear: 2013
Court: Ontario Court of Appeal
Citation: 2013 ONCA 415
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
As a result of his alleged non-disclosure of his HIV-positive status to 3 complainants prior to engaging in sexual relations, the appellant (defendant), Lester Felix, was convicted of five counts of aggravated sexual assault and one count of sexual assault. Felix appealed all convictions. There was no evidence of the appellant’s level of risk of …Read more
Salakhov and Islyamova v. Ukraine
Country: UkraineYear: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Medical malpractice, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more
Suresh Kumar Koushal and another v. Naz Foundation and others
Country: IndiaYear: 2013
Court: Supreme Court
Citation: Civil Appeal No. 10972 of 2013
Health Topics: HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of life imprisonment. Naz Foundation, the Petitioner, was an NGO working in …Read more