Gelfmann v. France
Country: FranceYear: 2004
Court: European Court of Human Rights
Citation: App. No. 25875/03, Eur. Ct. H.R. 679 (2008).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The applicant, a prisoner, alleged violation of Article 3 of the European Convention on Human Rights when his application for pardon on medical grounds was refused. Applicant contracted HIV nine years prior to being sentenced to 20 years of imprisonment. Because applicant refused to undergo a medical exam or release access to his medical records, …Read more
Harvey v. PD
Country: AustraliaYear: 2004
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 639;[2004] NSWCA 97
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
The Respondent, PD, was a patient of the Alpha Medical Centre (the Centre) from October 1997 until February 1999. On 16 November 1998, she participated in a joint medical consultation with her husband-to-be, FH. The Appellants, Dr. Harvey and Dr. Chen, were their treating physicians. The couple met with Dr. Harvey for the purpose of …Read more
J.A.O. v. Homepark Caterers LTD, et al.
Country: KenyaYear: 2004
Court: High Court at Nairobi
Citation: J.A.O v. Homepark Caterers LTD & 2 Ors., (2004) eKLR (Kenya).
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals
Human Rights: Freedom from discrimination, Right to privacy
The Plaintiff, J.A.O., was a woman living with HIV. The Defendants were her employer (Homepark Caterers), her doctor and hospital. The Plaintiff claimed the doctor and hospital subjected her to an HIV test without her consent, in violation of her constitutional right to privacy. She further claimed that the doctor disclosed her HIV status to her employer without …Read more
KZM v. Shanghai Institute of Biological Products [KZM诉上海生物制品研究所人身损害赔偿案]
Country: ChinaYear: 2004
Court: Shanghai First Intermediate Peoples’ Court
Citation: (2004) Hu-Zhongmin-Min zhongzi (No.1457)
Health Topics: Health systems and financing, HIV/AIDS, Infectious diseases
Human Rights: Right to social security
Appellant, KZM, was a patient with hemophilia A who became infected with HIV and hepatitis C. Appellant brought action against Shanghai Institute of Biological Products for causing the infection of HIV/AIDS from the medical product in which he was injected. The Shanghai Chang Ning District People’s Court found against the plaintiff in civil verdict No. 1984). …Read more
Lemo v. Northern Air Maintenance (Pty) Ltd.
Country: BotswanaYear: 2004
Court: Industrial Court
Citation: 2004 (2) BLR 317 (IC)
Health Topics: Health information, HIV/AIDS, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to work
The Applicant, Lemo, was employed by the Respondent, Northern Air Maintenance, as a trainee aircraft engineer. During a period of four years, the Applicant’s health deteriorated considerably. He consistently exhausted his annual and sick leave days and took unpaid leave, often for months at a time, in order to obtain medical assistance. Due to his …Read more
Odafe and Others v. Attorney-General and Others
Country: NigeriaYear: 2004
Court: High Court, Port Harcourt Division
Citation: Suit No. FHC/PH/CS/680/2003; (2004) AHRLR 205 (NgHC 2004)
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to life
The Applicants were detainees living with HIV. They had been awaiting trial for up to four years. The Applicants claimed that their continuous detention and segregation from the general prison population was a violation of their rights to dignity of the human person and freedom from discrimination in sections 34(1)(a) and 42(1) of the Constitution. …Read more
R v. Dica
Country: United KingdomYear: 2004
Court: Supreme Court of Judicature, Court of Appeal (Criminal Division)
Citation: [2004] EWCA Crim 1103
Health Topics: HIV/AIDS, Infectious diseases, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity
The Appellant, Dica, was HIV-positive. He engaged in unprotected sexual intercourse with two women. Both women tested positive for HIV subsequent to their sexual encounters with the Appellant. It was not clear whether the women were aware of the Appellant’s HIV status at the time of the encounters. The prosecution did not argue that the …Read more
Secretary of State for the Home Department v. UK
Country: United KingdomYear: 2004
Court: Immigration Appeal Tribunal
Citation: [2004] UKIAT 00262
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to health, Right to privacy
This case concerns an adjudicator’s review of the deportability of a Rwandan national infected with HIV in the UK. The claimant was a Rwandan, who in June 2001 was raped by soldiers in her home and took her husband. The incident arose out of the 1994 Rwandan genocide, in which her husband was a member of …Read more
V., W. J. v. Obra Social de Empleados de Comercio y Actividades Civiles
Country: ArgentinaYear: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: V. 1389. XXXVIII
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
The Petitioner brought action against Obra Social de Empleados de Comercio y Actividades Civiles (Osecac) for discrimination and violations of his rights to life and health. The Petitioner had received health insurance coverage from Osecac through his employer for seven years. Following termination of his job, the Petitioner sought to continue coverage with Osecac. However, …Read more
Wu Zhongze, et al. v. Shanghai Institute of Biological Products [WZZ等诉上海生物制品研究所人身损害赔偿案]
Country: ChinaYear: 2004
Court: Shanghai First Intermediate Peoples’ Court
Citation: No. 127
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medical malpractice
This case was an appeal to the Shanghai First Intermediate People’s Court by the parents of Wu Pengtao, a young boy who died in 2000 from AIDS. Wu Pengtao had contracted HIV/AIDS and Hepatitis C sometime prior to 1998 from allegedly tainted human coagulation factor VIII concentrates, which were used to treat his haemophilia A. …Read more