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
X v. State Bank of India
Country: IndiaYear: 2004
Court: High Court - Bombay
Citation: Writ Petition No. 1856 of 2002
Health Topics: HIV/AIDS, Infectious diseases, Occupational health, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life, Right to privacy, Right to work
X, the Petitioner, was a sweeper with the State Bank of India, the Respondent, for nine years on a contractual basis. The Respondent considered the Petitioner for another job and required him to undergo some medical tests. The Petitioner was deemed fit for the job by the concerned doctor. His ELISA test, however, showed that …Read more
Case 1716-2003-R
Country: BoliviaYear: 2003
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Mental health, Prisons, Violence
Human Rights: Right to health, Right to life
After being violently captured during an attempted escape from prison, Carlos Orlando and Rubén Suárez Saavedra, the sons of the plaintiff, were in need of medical treatment. Carlos Orlando was suffering from appendicitis, an inflamed gallbladder, and a broken rib while Rubén had AIDS and was experiencing pulmonary tuberculosis, immunodeficiency, symptoms of depression, and a …Read more
Case T-465/03
Country: ColombiaYear: 2003
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Tercera de Revisión junio 5, 2003, M.P.: Manuel José Cepeda Espinoza, Sentencia T-465/03 (Colom.).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Right to education, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to work
Mr. XX filed a tutela action (appeal for legal protection) against the Ministry of National Defence-School of Cadets for expelling him after discovering that he was HIV-positive during a blood donation. The discharge occurred two months before the petitioner was to be promoted to Second Lieutenant. The petitioner had passed all health exams and was found …Read more
Doe v. United States Postal Service
Country: United StatesYear: 2003
Court: District of Columbia Circuit Court of Appeals
Citation: 317 F.3d 339 (2003)
Health Topics: Disabilities, Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to privacy
The Appellant, Doe, brought an action against his employer, the U.S. Postal Service, for the Postal Service’s disclosure of his HIV status in violation of both the Privacy Act and the Rehabilitation Act. Doe’s status was first revealed to Postal Service officials as part of a request for leave pursuant to the Family and Medical Leave …Read more
Irvin and Johnson Ltd. v. Trawler and Line Fishing Union, et al.
Country: South AfricaYear: 2003
Court: Labour Court of South Africa
Citation: (4) BLLR 379 (SALC)
Health Topics: Health care and health services, Health information, HIV/AIDS, Informed consent, Occupational health
Human Rights: Freedom from discrimination, Right to privacy
The Applicant, Irvin and Johnson Limited, wished to arrange for the voluntary and anonymous HIV testing of the more than 1,100 employees in its trawling division. The testing was to be based on the principle of informed consent and accompanied by pre- and post-test counselling. However, the age and job category of the tested employee …Read more
Smith v. Carpenter
Country: United StatesYear: 2003
Court: 2nd Circuit Court of Appeal
Citation: 316 F.3d 178 (2003)
Health Topics: Health care and health services, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Plaintiff filed suit alleging that Defendants deprived him of HIV medication on two occasions during his incarceration at the Camp Pharsalia Correctional Facility. The first deprivation occurred in October 1998 and lasted seven days, resulting from a delay in refilling Plaintiff’s prescriptions. The second occurred in January 1999, when Plaintiff’s medication was confiscated during a …Read more
AIDS Access Foundation, et al.. v. Bristol Myers-Squibb, et al.
Country: ThailandYear: 2002
Court: Central Intellectual Property and International Trade Court
Citation: Black Case No. Tor Por 34/2544, Red Case No. 92/2545 (2002)
Health Topics: HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
The Plaintiffs were the AIDS Access Foundation, a non-governmental organization committed to protecting the rights and welfare of people living with HIV, and two persons living with HIV. The Defendant, Bristol Myers-Squibb, is a multinational pharmaceutical company based in the United States. The Court also summoned the Department of Intellectual Property as co-defendant. Defendant Bristol …Read more