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
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
Haindongo Nghidipohamba Nanditume v. Minister of Defense
Country: NamibiaYear: 2000
Court: Labour Court
Citation: Haindongo Nghidipohamba Nanditume v. Minister of Def., Case. No. LC 24/98 (Namib.).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to health
The HIV/AIDS epidemic in Namibia prompted the Government of Namibia to issue Guidelines for the Implementation of a National Code on HIV/AIDS in Employment (Guidelines), which extended nondiscrimination provisions to enlistment procedures of the Namibian Defence Force (NDF). In part, the Guidelines aimed to counteract prejudices and ignorance surrounding the nature and cause of HIV/AIDS, …Read more
Herring v. Keenan
Country: United StatesYear: 2000
Court: 10th Circuit Court of Appeal
Citation: 218 F.3d 1171 (2000)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The Appellant, Herring, brought this suit alleging a violation of his constitutional right to privacy after his federal probation officer, Keenan, improperly disclosed his HIV status to his sister and to his restaurant employer. In December 1993, Herring voluntarily informed his probation officer that he had taken an HIV test and that he might be …Read more
Hoffman v. South African Airways
Country: South AfricaYear: 2000
Court: Constitutional Court
Citation: (2) SA 628; 2001 (10) BHRC 571; (2000) 3 CHRLD 146
Health Topics: Health care and health services, HIV/AIDS
Human Rights: Freedom from discrimination
In 1996, the Appellant applied for employment as a cabin attendant with South African Airways (SAA). At the end of the selection process, he was found to be a suitable candidate for employment. He was then subject to a medical examination, which found him clinically fit and thus suitable for employment. However, a blood test …Read more
Midwa v. Midwa
Country: KenyaYear: 2000
Court: Court of Appeal at Nairobi
Citation: (2003) AHRLR 189 (KeCA 2000)
Health Topics: HIV/AIDS
Human Rights: Right to family life, Right to property
The parties were husband and wife married under the African Christian Marriage and Divorce Act. They had two sons, ages seven and ten. In 2000, the husband petitioned for divorce on the grounds of cruelty, claiming that the wife, having tested HIV positive, was endangering his life. The superior court ordered that the wife be …Read more
BT v. Oei
Country: AustraliaYear: 1999
Court: Supreme Court of New South Wales
Citation: [1999] NSWSC 1082
Health Topics: Controlled substances, Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice, Mental health, Sexual and reproductive health
The case was brought by BT on behalf of herself and on behalf of the estate of her late husband, AT, against the defendant, a general practitioner, who was AT’s doctor from 26 November 1991 to 22 January 1993. The case arose as a result of the defendant’s alleged negligent failure to diagnose AT’s HIV …Read more
Cruz del Valle Bermúdez, et al. v. Ministerio de Sanidad y Asistencia Social (MSAS)
Country: VenezuelaYear: 1999
Court: Supreme Court
Citation: Sentencia No. 196
Health Topics: Health care and health services, Health information, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person, Right to life, Rights to the benefits of culture
The petitioners were a group of persons living with HIV. They filed a writ of amparo against Venezuela’s Ministry of Health and Social Assistance (the Ministry). The Petitioners asked the Court to enjoin the Ministry to provide, free of charge: (1) the regular and periodic delivery of antiretroviral drugs and medication for opportunistic diseases; (2) …Read more