Case 00280
Country: Costa RicaYear: 1992
Court: Corte Suprema de Justicia de Costa Rica [Costa Rica Supreme Court]
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 07 de Febrero 1992, Sentencia 00280, Expediente: 90-001401-0007-CO (1992) (Costa Rica).
Health Topics: Disasters and emergencies, Health care and health services, Infectious diseases, Medicines
Human Rights: Right to health
Petitioner brought an action against the Social Security Service of Costa Rica, asserting that the institution arbitrarily stopped providing patients with pharmaceuticals for the treatment of HIV/AIDS, in violation of petitioner’s constitutional right to health. The petitioner sought the recognition of an obligation on the part of the Social Security Service of Costa Rica to …Read more
Case T-484/92
Country: ColombiaYear: 1992
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
The Petitioner, a Colombian national living with HIV, filed an appeal for legal protection against the Colombian Social Security Institute. The Petitioner claimed that his right to medical services was threatened when a doctor at the Cali Social Security Institute informed him that his treatment would cease in 30 days. However, medical directors at the …Read more
X v. France
Country: FranceYear: 1992
Court: European Court of Human Rights
Citation: App. No. 18020/91, 14 Eur. H.R. Rep. 483 (1992).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medical malpractice
Human Rights: Right of access to information, Right to due process/fair trial
The applicant was given a number of blood transfusions and was found to have been infected with the AIDS virus. He alleged that he had been infected a result negligent delay of the Minister for Solidarity, Health and Social Protection in implementing appropriate rules for the supply of blood products. After having made unsuccessful efforts …Read more
Doe v. Attorney General of the US
Country: United StatesYear: 1991
Court: 9th Circuit Court of Appeal
Citation: 941 F.2d 780 (1991)
Health Topics: Disabilities, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Freedom from discrimination, Right to privacy
John Doe brought a lawsuit against the Federal Bureau of Investigation (FBI) and Agent Held alleging that they discriminated against him by ceasing to send agents to him for physical examinations because of his AIDS. John Doe was a physician who gave physical examinations to FBI agents and to potential agents in the hiring process. …Read more
Harris v. Thigpen
Country: United StatesYear: 1991
Court: 11th Circuit Court of Appeal
Citation: 941 F.2d 1495 (1991)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Freedom from discrimination, Right to privacy
The Appellants brought this challenge to the constitutionality of an Alabama statute which authorized the Alabama Department of Correction’s (DOC) policy of mandatory testing of all present and future Alabama state prisoners for HIV antibodies, as well as the forced segregation of HIV-positive inmates. Two classes were involved in the action: the Appellant class, which …Read more
Leckelt v. Board of Commissioners
Country: United StatesYear: 1990
Court: 5th Circuit Court of Appeal
Citation: 909 F.2d 820 (1990)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to favorable working conditions, Right to privacy
Appellant Leckelt, a licensed practical nurse, was discharged by his hospital employer when he refused to provide the hospital with his HIV antibody test results. In his capacity as a nurse, Leckelt performed a number of functions, including administering medication orally and by injection, and working in the intensive care unit and the emergency room. …Read more
Lucy D’Souza v. State of Goa
Country: IndiaYear: 1989
Court: High Court - Bombay
Citation: AIR 1990 Bom 355
Health Topics: HIV/AIDS, Infectious diseases
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person
The Goa, Daman and Diu Public Health Act, 1985 (the Act) under Section 53(1)(vii) (the Section) gave the State Government the power to “isolate persons found to be positive for Acquired Immuno Deficiency Syndrome (AIDS), for such period and on such conditions as may be considered necessary.” The Section contained other provisions, including mandatory isolation …Read more