Doe v. Delie
Country: United StatesYear: 2001
Court: 3rd Circuit Court of Appeal
Citation: 257 F.3d 309 (2001)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
The Appellant, Doe, an HIV-positive former inmate of the State Correctional Institution at Pittsburgh (SCIP), brought this claim against SCIP officials, alleging that prison practices violated his constitutional right to privacy under the Fourteenth Amendment to the Constitution. SCIP medical staff informed Doe that his HIV status would be kept confidential. However, because of practices …Read more
Etcheverry, Roberto Eduardo v. Omint Sociedad Anónima y Servicios
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: E. 34. XXXV
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life
The Petitioner, Roberto Eduardo Etcheverry, worked for ISC Bunker Ramos S.A between April 1992 and June 1993, and was formally employed by them until 1997. During his employment, he was a member of Omint, a health insurance company. His coverage with Omint was paid for by ISC Bunker Ramos under an unwritten arrangement. ISC Bunker …Read more
Hospital Británico de Buenos Aires v. Estado Nacional (Ministerio de Salud y Acción Social)
Country: ArgentinaYear: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: H. 90. XXXIV
Health Topics: Controlled substances, Health care and health services, Health systems and financing, HIV/AIDS
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to property
Hospital Británico de Buenos Aires, a private health service provider, filled a guarantee of protection of individual constitutional rights (amparo protection) against the Federal State requiring the judiciary to declare that the National Act 24.754 was contrary to articles 14, 17, 28 and 33 of the National Constitution. The law obliged private health service providers …Read more
López, Glenda, et al. v. Instituto Venezolano de los Seguros Sociales (IVSS)
Country: VenezuelaYear: 2001
Court: Supreme Court
Citation: Expediente No. 00-1343, Sentencia No. 487
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to development, Right to health, Right to life, Right to social security
The Petitioners were a group of people living with HIV covered by the Venezuelan Institute of Social Security (IVSS). They filed an amparo action against the IVSS requesting that it ensure a regular and consistent supply of HIV triple-therapy drugs and other medicines necessary for treatment of opportunistic infections, and that IVSS cover the expense …Read more
Miranda Cortéz, Jorge Odir, et al. v. El Salvador
Country: El SalvadorYear: 2001
Court: Inter-American Commission on Human Rights
Citation: Miranda Cortez v. El Sal., Case 12.249, Inter-Am. Comm’n H.R., Report No. 29/01, OEA/Ser.L/V/II.111 Doc. 20 rev. at 284 (2000).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
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
Applicant filed this petition on behalf of himself and 26 other HIV infected persons against the State of El Salvador alleging Article 26 of the American Convention (the right to health) violation for failing to provide HIV triple therapy medication they needed to prevent death and to improve their quality of life. Petitioner maintains that …Read more
N. R. V. v. Ministry of Health and East Metropolitan Health Service
Country: ChileYear: 2001
Court: Corte Suprema de Justica [Supreme Court of Chile]
Citation: Corte Suprema de Justica [C.S.J.] [Supreme Court of Chile], 9 octubre 2001, "N. R. V. v. Servicio de Salud Metropolitano Oriente y Ministro de Salud," Rol de la causa: 3.599-2001-10-16 (Chile).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to health, Right to life
Petitioners brought an action against the Ministry of Health and the Public Health Service, seeking protection for their constitutional rights to life and freedom from discrimination, in regards to their ability to access medicines and health treatment for HIV/AIDS. Petitioners argued that HIV/AIDS should be considered a public health issue and, consequently, the Ministry of …Read more
People Living with HIV v. Chile
Country: ChileYear: 2001
Court: Inter-American Commission on Human Rights
Citation: Precautionary Measures, Inter-Am. Comm’n H.R., OEA/Ser.L./V/II.114, doc. 5 rev. (2002).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to health, Right to life
The Inter-American Commission granted precautionary measures, in Chile, on behalf of Juan Pablo Améstica Cáceres, Manuel Orlando Farías, and Náyade Orieta Rojas Vera. These three individuals are carriers of the human immunodeficiency virus (HIV/AIDS) who contacted the IACHR because they believed their right to life and health was in serious danger.
A. v. Union of India
Country: IndiaYear: 2000
Court: High Court - Bombay
Citation: Writ Petition No. 1623 of 2000
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
A, the Petitioner, was a Master Chief Engine Room Artificer-II Class in the Indian Navy. In 1997, he was found to be living with HIV. He was put in low medical category but allowed to remain in service and complete 15 years of service, which made him eligible for pension and other benefits. In 1999, …Read more
Asociación Benghalensis et al. v. Ministerio de Salud y Acción Social – Estado Nacional
Country: ArgentinaYear: 2000
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 186. XXXIV
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Asociación Benghalensis and other non-governmental organizations involved in HIV work brought action pursuant to the Constitution of Argentina and Law No. 23.798 against the government for its failure to provide health services, treatment and special administration of medicines to people living with HIV. Law No. 23.798 declared the response to HIV to be a national …Read more
Dina Rosa Vieira v. Municipality of Porto Alegre
Country: BrazilYear: 2000
Court: Supremo Tribunal Federal (Supreme Federal Tribunal)
Citation: No. AGRG. 271.286-8 Rio Grande do Sul
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
Dina Rosa Vieira brought the case against the municipality of Porto Alegre for failing to provide medication for the treatment of AIDS. Vieira was destitute and unable to afford the medication herself. The first instance court ruled in favor of Vieira and ruled that in light of the constitutional principles protecting the right to health …Read more