C v. Minister of Correctional Services
Country: South AfricaYear: 1996
Court: High Court
Citation: 1996 (4) SA 292 (T)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Right of access to information, Right to privacy
While a prisoner in custody of the defendant, the plaintiff was informed by the prison nurse in the presence of other prisoners that he was to undergo a blood test for HIV and that he had the right to refuse such test. This information was repeated to the plaintiff in a closed consulting room, but …Read more
Case SU-256/96
Country: ColombiaYear: 1996
Court: Constitutional Court
Health Topics: Health information, HIV/AIDS, Informed consent, Occupational health
Human Rights: Freedom from discrimination, Right to health, Right to privacy, Right to social security, Right to work
Mr. XX, the Plaintiff, worked for the Gun Club Corporation, the Respondent, from 16 March 1992 until 1 July 1994. On 28 April 1994, Dr. Alvaro Murra Erazo, who was working for the Respondent, administered an HIV test to the Plaintiff. After receiving a positive result, the Plaintiff was advised by Dr. Murra to resign …Read more
Anderson v. Romero
Country: United StatesYear: 1995
Court: 7th Circuit Court of Appeal
Citation: 72 F.3d 518 (1995)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to privacy
The Appellee, Anderson, brought this challenge against two prison officials at the cell house in which he was placed. Anderson alleged that a superintendent and a guard violated his constitutional right to privacy and the Illinois AIDS Confidentiality Act by revealing that he was infected with the AIDS virus to an inmate sleeping in Anderson’s …Read more
Doe v. SEPTA
Country: United StatesYear: 1995
Court: 3rd Circuit Court of Appeal
Citation: 72 F.3d 1133 (1995)
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to privacy
The Appellant, Doe, was an HIV-positive employee of Respondent SEPTA. Doe brought this constitutional challenge after SEPTA reviewed his prescription drug records for the purpose of monitoring its employee prescription plan. Doe claimed that SEPTA infringed his right to privacy implicit in the right to due process in the Fourteenth Amendment to the Constitution. Doe …Read more
Kobe ter Neuzen v. Korn
Country: CanadaYear: 1995
Court: Supreme Court
Citation: [1995] 3 S.C.R. 674, [1995] S.C.J. No. 79
Health Topics: HIV/AIDS, Infectious diseases, Medical malpractice, Sexual and reproductive health
The plaintiff was infected with HIV through an artificial insemination (“AI”) procedure performed by the defendant physician in 1985, before the various methods of HIV transmission were widely known. The physician performed 35 AI procedures on the plaintiff between 1981 and January 1985. The physician did not warn the plaintiff about the possibility of HIV …Read more
ALA v. West Valley
Country: United StatesYear: 1994
Court: 10th Circuit Court of Appeal
Citation: 26 F.3d 989 (1994)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to privacy
The Appellant brought this appeal challenging the District Court’s grant of summary judgment declaring that the Appellant had not suffered an “injury in fact” and therefore had no standing. The Appellant was arrested at a retail store and the arresting police officer discovered, through a piece of paper in the Appellant’s wallet, that the Appellant …Read more
Canada (Attorney General) v. Thwaites
Country: CanadaYear: 1994
Court: Federal Court - Trial Division
Citation: [1994] 3 F.C. 38
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Medicines, Occupational health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to work
Simon Thwaites filed a complaint against the Canadian Armed Forces (CAF), alleging that it discriminated against him under the Canadian Human Rights Act (CHRA) by restricting his employment because of his HIV-positive status. Thwaites enlisted in the CAF in 1980 and by 1986 had risen to the rank of master seaman, a position that primarily …Read more
Doe v. City of New York
Country: United StatesYear: 1994
Court: 2nd Circuit Court of Appeal
Citation: 15 F.3d 264 (1994)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
The Appellant, Doe, brought this suit against the City of New York (the City) and the City of New York Commission on Human Rights (the Commission) alleging that they breached his constitutional right to privacy. Doe filed an action with the Commission against his former employer, Delta Air Lines (Delta), alleging that Delta did not …Read more
Multimedia WMAZ v. Kubach
Country: United StatesYear: 1994
Court: Court of Appeals of Georgia
Citation: 443 SE 2d 491 (1994)
Health Topics: Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Right to privacy
The plaintiff brought suit for invasion of privacy against the defendant, a broadcasting company, for the failure to adequately digitize the claimant’s image in a televised show on the topic of AIDS. The plaintiff was diagnosed with AIDS in 1987. While originally depressed and in poor condition after diagnosis, the plaintiff had a turnaround in …Read more
Toonen v. Australia
Country: AustraliaYear: 1994
Court: United Nations Human Rights Committee
Citation: CCPR/C/50/D/488/1992
Health Topics: Health care and health services, Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Nicholas Toonen was a gay man, HIV/AIDS activist, and LGBT rights activist living in Tasmania. Tasmania criminalized same-sex sexual conduct among men under ss 122 and 123 its criminal code; it was the last remaining state or territory of Australia to do so, the remainder having repealed such laws. Toonen brought a communication before the …Read more