Kutaisi Regional Blood Bank v. Lamira Chaladze
Country: GeorgiaYear: 2007
Court: Cassation Court
Citation: Case No. as-296-624-07
Health Topics: Health information, HIV/AIDS, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to life
While giving birth to her second son, the Respondent lost a large amount of blood and needed a blood transfusion. Her relatives bought erythrocyte mass and karyoplasms from the Kutaisi Regional Blood Bank. After the transfusion, the Respondent and her son became sick and doctors ultimately concluded that the Respondent and her son was HIV …Read more
NM v. Smith
Country: South AfricaYear: 2007
Court: Constitutional Court
Citation: [2007] ZACC 6; Case CCT 69/05
Health Topics: Health information, HIV/AIDS, Informed consent
Human Rights: Right to privacy
A publishing company published a biography on a South African member of parliament that disclosed the names of three women who were HIV-positive. The three women alleged that their names had been published in the book without their prior consent having been obtained. They had participated in clinical trials, known as the FTC 302 trials, directed …Read more
EN and Others v. Government of RSA and Others (No. 1)
Country: South AfricaYear: 2006
Court: High Court - Durban and Coast Local Division
Citation: 2006 (6) SA 543 (D); 2007 (1) BCLR 84 (D)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Right to health
An urgent application was filed on behalf of fifteen prisoners living with HIV/AIDS who required antiretroviral (ARV) treatment while incarcerated at the Westville Correctional Centre (WCC) in KwaZulu-Natal province. The Applicants were acting in their individual capacities and as representatives of the class of prisoners incarcerated at WCC. The sixteenth applicant was the Treatment Action …Read more
Melnik v. Ukraine
Country: UkraineYear: 2006
Court: European Court of Human Rights
Citation: App. No. 72286/01, Eur. Ct. H.R. (2006).
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Mental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The applicant, a private citizen of Ukraine, was convicted in the Vinnytsia District Court for the unlawful possession of a quantity of opium with the premeditated intent to sell along with a group of persons. The District Court sentenced the applicant to five years imprisonment. During the trial, the applicant had refused the representation of …Read more
Pramod Bhagwan Nayak v. State of Gujarat
Country: IndiaYear: 2006
Court: High Court - Gujarat
Citation: (2007) 1 GLR 796
Health Topics: Child and adolescent health, Health care and health services, HIV/AIDS, Infectious diseases, Poverty, Prisons, Public safety, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
The petitioner was challenging an order of detention for allegedly engaging in trafficking of women and girls. The grounds of the order were that petitioner was an “immoral traffic offender” which is “a person who habitually commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, …Read more
Rosaria Mashita Katakwe v. Hakasenke, et al.
Country: ZambiaYear: 2006
Court: High Court for Zambia
Citation: 2006/HP/0327
Health Topics: Child and adolescent health, Health care and health services, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to liberty and security of person, Right to life
Rosaria Mashita Katakwe, a 13-year-old girl, was raped by her teacher Edward Hakasenke. She developed a sexually transmitted infection as a result of the rape and tested for HIV/AIDS. The Headmaster of the school had been warned before with respect to a prior relationship of the teacher with another girl in the school. The defendant …Read more
State of Rio Grande do Sul v. Luiz Marcelo Dias
Country: BrazilYear: 2006
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: State of Rio Grande do Sul v. Luiz Marcelo Dias, RE 393175-0/RS, Supremo Tribunal Federal [Federal Supreme Court] (2006).
Health Topics: Health care and health services, Infectious diseases, Medicines, Poverty
Human Rights: Right to health, Right to life
The State of Rio Grande do Sul filed an extraordinary appeal against the decision of the lower court, which found the State was responsible for providing medication free of charge, to an individual with HIV who could no longer afford the medications. The State argued that it was not responsible for the provision of free …Read more
Banda v. Lekha
Country: MalawiYear: 2005
Court: Industrial Relations Court
Citation: Matter No. IRC 277 OF 2004; [2005] MWIRC 44
Health Topics: Health care and health services, HIV/AIDS
Human Rights: Freedom from discrimination, Right to favorable working conditions
The Respondent, Lekha, dismissed the Applicant, Banda, from employment for reasons related to the Applicant’s health. The Applicant was dismissed “immediately and without any formality” after she attended “HIV Voluntary Counselling and Testing” and tested positive for HIV. The Applicant claimed that during her employment she had never been incapacitated as a result of her …Read more
DW v. Secretary of State for the Home Department
Country: United KingdomYear: 2005
Court: Asylum and Immigration Tribunal
Citation: [2005] UKAIT 00168
Health Topics: HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence
DW was a Jamaican citizen who sought asylum in the United Kingdom. He claimed to have been persecuted in Jamaica on the basis of his sexual orientation. He recounted two instances of being assaulted on the basis of being a homosexual. DW feared reporting these incidences to the police because he believed that they would …Read more
Enhorn v. Sweden
Country: SwedenYear: 2005
Court: European Court of Human Rights
Citation: [2005] E.C.H.R. 56529/00
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Mental health, Public safety, Sexual and reproductive health
Human Rights: Right to liberty and security of person
The Applicant was an HIV-positive man who had sex with men. He had transmitted HIV to another, younger man through a sexual encounter prior to his diagnosis. He was subsequently instructed by the county medical officer, among other things, not to have sexual intercourse without first disclosing to his partner that he was HIV-positive, to …Read more