Naz Foundation v. Government of NCT of Delhi, et al.
Country: IndiaYear: 2009
Court: High Court - Delhi
Citation: (2009) DLT 27
Health Topics: HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Overruled by Suresh Kumar Koushal and Anor. v. Naz Foundation and Ors. Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of …Read more
S v. Procureur Général
Country: SwitzerlandYear: 2009
Court: Court of Justice, Penal Division [Cour de Justice, Chambre pénale]
Citation: Switzerland
Health Topics: HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
The Petitioner, S, was a man living with HIV. He was aware that he was HIV-positive since 1998 and had been undergoing treatment since then. In 2006, he began combination antiretroviral therapy. The Petitioner’s viral load had been undetectable since 2008 and he was not suffering from any other infections. The Petitioner’s doctors had assured …Read more
TGGL v. Ecuador
Country: EcuadorYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 89/09, Petition 663-06, August 7, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, HIV/AIDS, Infectious diseases
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to life
This report addresses the admissibility of a petition that alleged Ecuador failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to life, the right to humane treatment, and rights of the child. The basis of the claim was that three years old TGGL became infected …Read more
The International Centre for the Legal Protection of Human Rights (INTERIGHTS) v. Croatia
Country: CroatiaYear: 2009
Court: European Committee of Social Rights
Citation: Complaint No. 45/2007
Health Topics: Child and adolescent health, Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to education
NTERIGHTS brought a complaint which alleged that Croatia was not complying with Articles 11(2) and 16 taken alone and in light of the non-discrimination clause in the Preamble and Article 17 of the European Social Charter (“ESC”) because Croatian schools were not providing adequate sexual and reproductive health education for children and young people. It …Read more
V.R.P., et al. v. Nicaragua
Country: NicaraguaYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 3/09, Petition 4408-02, February 11, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Infectious diseases, Informed consent, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Petitioner V.P.C. stated that on two occasions, her father H.R.A. took her nine-year-old daughter V.R.C. to a remote site, drugged her, and sexually abused her. Petitioner took her daughter to the hospital on October 16, 2001 because her daughter could not control her bowels. The doctor biopsied polyps near the daughter’s rectum and found that …Read more
Aleksanyan v. Russia
Country: RussiaYear: 2008
Court: European Court of Human Rights
Citation: Application No. 46468/06; [2009] ECHR 1226
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person
A, a Russian national, was a former practicing member of the Moscow bar. On 29 March 2006 a Moscow district court authorized the criminal prosecution of A in connection with his alleged participation in the embezzlement of property and shares of several oil companies in the late 1990s. On 5 April 2006 Russian authorities searched …Read more
Andrea Mortlock v. United States
Country: United StatesYear: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 63/08, Case 12.534
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners included the Legal Aid Society and the International Human Rights Clinic at Washington College of Law. Petitioners alleged the United States violated the …Read more
Doe v. Dilling
Country: United StatesYear: 2008
Court: Supreme Court of Illnois
Citation: 888 N.E.2d 24 (2008); 228 Ill.2d 324
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Right of access to information
The Appellant, Jane Doe, brought proceedings against Betty and Kirk Dilling, the parents of her late fiancé, Albert Dilling. She alleged that they had intentionally and falsely stated to her that Albert was not infected with the HIV virus and/or suffered from AIDS when “they knew that, in fact, he was HIV-positive and had AIDS.” …Read more
R (on the application of M) v. Slough Borough Council
Country: United KingdomYear: 2008
Court: House of Lords
Citation: [2008] UKHL 52
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to housing, Right to social security
M was Zimbabwean citizen diagnosed as HIV positive, who was living in the United Kingdom while his appeal of a decision to return him to Zimbabwe was ongoing. Because of his illness, he applied to the local health authority to assess his needs for accommodation. The authority declined to provide accommodation to M. It determined …Read more
M. Chinnaiyan v. Sri Gokulam Hospital and another
Country: IndiaYear: 2007
Court: National Consumer Disputes Redressal Commission
Citation: III (2007) CPJ 228 NC;
Health Topics: Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity
R. Lalitha, late wife of the Petitioner, M. Chinnaiyan underwent an operation in Sri Gokulam Hospital, the 1st Respondent (R1). In the post operative period, two units of blood from Queen Mary’s Laboratory, the 2nd Respondent (R2), was transfused into her. Soon thereafter, she developed many infections and tested positive for HIV. She later died …Read more