Wenner v. Germany
Country: GermanyYear: 2016
Court: European Court of Human Rights
Citation: no. 62303/13, § 59, ECHR 2016
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Public safety
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
The applicant has been a heroin addict since 1973, suffered from hepatitis C since 1975 and been HIV-positive since 1988. Attempts to overcome his heroin addiction through various treatments failed, and from 1991 to 2008 he was treated with drug substitution therapy. In 2008, the applicant was arrested on suspicion of drug trafficking and detained …Read more
Case C‐528/13
Country: FranceYear: 2015
Court: European Court of Justice
Citation: Case C‐528/13 Geoffrey Léger v Ministre des Affaires sociales, de la Santé et des Droits des femmes, Établissement français du sang
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination
The case concerned whether France could permanently defer men who have had sex with another man from blood donation. Mr. Léger went to a collection center to donate blood, but his blood donation was refused on the ground that he had had sexual intercourse with another man. The decision was based on a French decree …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
R v Kuoth
Country: AustraliaYear: 2010
Court: Supreme Court of Victoria – Court of Appeal
Citation: [2010] VSCA 103
The applicant Mr.Kuoth was sentenced by the County Court of Victoria on two counts, which were related to the same victim and the same evening, but were separated in time. He was sentenced to punishment for his reckless conduct endangering persons under s.23 of the Crimes Act 1958, where he had unprotected sex with the …Read more
COLAK AND TSAKIRIDIS v. GERMANY
Country: GermanyYear: 2009
Court: European Court of Human Rights
Citation: Case of Colak and Tsakiridis v. Germany, Applications nos. 77144/01 and 35493/05. Strasbourg, 5 March 2009.
Health Topics: Health information, HIV/AIDS, Infectious diseases, Medical malpractice
Human Rights: Right to due process/fair trial, Right to family life, Right to life, Right to privacy
The first applicant (“the applicant”) was born in 1968 and lives in Wiesbaden. In December 1992 the applicant’s companion found out that he was suffering from cancer and AIDS. He informed the applicant about the cancer but concealed his AIDS infection. On 21 January 1993 he informed their family physician about his diseases but forbade him to …Read more
R v Parenzee
Country: AustraliaYear: 2007
Court: Supreme Court South Australia (Court of Criminal Appeal)
Citation: [2007] SASC 316
The appellant, Mr. Parenzee, had filed an application seeking permission to appeal against the decision of the trial Judge before the Full Bench of the Supreme Court of South Australia. The ground for the appeal as put by the appellant was a miscarriage of justice caused by the absence of a piece of evidence at …Read more
Rogers, Silvia Elena v. Provincia de Buenos Aires et al.
Country: ArgentinaYear: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: R. 671. XXXIX.
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance of the Province of Buenos Aires (IOMA), the Province of Buenos Aires, and the National State to provide her HIV/AIDS medication, arguing that her right to health was violated. The plaintiff claimed that she complied with all the requirements …Read more
State v. Marapo
Country: BotswanaYear: 2002
Court: Court of Appeal
Citation: AHRLR 58 (BwCA 2002); Criminal Appeal No. 15/2002
Health Topics: HIV/AIDS, Infectious diseases, Prisons, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The case discusses the constitutionality of a statute that denied bail to people accused of rape. Marapo was arrested and charged with rape. Under Section 142(1)(i) of the Botswana Penal Code, he was not entitled to bail before trial. Marapo brought his case to the High Court, arguing that section 142(1)(i) of the Penal Code …Read more
Alcalá, Cristina Beatriz v. Ministerio de Salud y Acción Social
Country: ArgentinaYear: 2000
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 224. XXXIV.
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to social security
Cristina Beatriz Alcalá filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health and Social Action to obtain the drug, Indinavir, to continue her treatment against AIDS and to test her viral load. She indicated that the treatment consists of a cocktail of drugs consisting of AZT, 3TC and …Read more
B. R. E. v. Policía Federal Argentina
Country: ArgentinaYear: 1996
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 77. XXX.
Health Topics: HIV/AIDS, Informed consent, Public safety
Human Rights: Right of access to information, Right to bodily integrity, Right to health, Right to life, Right to privacy, Right to work
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Argentine Federal Police, which issued a resolution forcing the plaintiff to retire from the police force due to being HIV positive. The HIV test was performed without the consent of the plaintiff, which constituted a violation of his right to privacy. …Read more