Mr. X v. Hospital Z
Country: IndiaYear: 1998
Court: Supreme Court
Citation: AIR 1999 SC 495; JT 1998 (7) SC 626; 1998 (6) SCALE 230
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent
Human Rights: Freedom from discrimination, Right to family life, Right to life, Right to privacy
Mr. X, the Appellant, was about to get married when it was found that he was living with HIV. “The marriage was called off on the ground of blood test conducted at the respondent’s hospital in which the appellant was found to be HIV(+).” As members of the Appellant’s family and community came to know …Read more
Sahara House v. Union of India
Country: IndiaYear: 1998
Court: Supreme Court
Citation: W.P. (Civil) No. (s) 535 of 1998; W.P. No. (C) 512 of 1999; W.P. No. (C) No. 311 of 2003; W.P. No. (C) No. 61 of 2003
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Right to health, Right to life
Petitioner, Sahara House, was a center for residential care and rehabilitation. The Petitioner filed a public interest litigation in the Supreme Court under Article 32 of the Constitution of India (original writ jurisdiction of the Supreme Court). The Petitioner sought directions from the Court to the effect that denial of treatment to persons living with …Read more
B and Others v. Minister of Correctional Services and Others
Country: South AfricaYear: 1997
Court: High Court - Cape of Good Hope Provincial Division
Citation: 1997 (4) SA 441 (C); 1997 (6) BCLR 789 (C)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The Applicants were four prisoners living with HIV. They sought an order declaring that prisoners living with HIV who had reached the symptomatic stage of the disease and whose CD4 counts was less than 500 per milliliter of blood were entitled to receive appropriate antiretroviral treatment at the Government’s expense. They noted that Section 35(2)(e) …Read more
D v. The United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: App. No. 30240/96, 24 Eur. H.R. Rep. 423 (1997).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to life, Right to privacy
The applicant, an individual suffering HIV/AIDS, brought action under Article 3 (freedom from torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights when he was threatened with expulsion from UK to St Kitts where he would not have access to necessary medical treatment and no family home or close …Read more
Doe v. Marsh
Country: United StatesYear: 1997
Court: 2nd Circuit Court of Appeal
Citation: 105 F.3d 106 (1997)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to privacy
The Appellants, Doe and Roe, brought this claim alleging that the respondent, Marsh, violated their right to privacy under the US Constitution. Doe and Roe were HIV positive individuals active in various HIV/AIDS support and advocacy organizations; both had participated in educational seminars for social workers and educators focused on HIV prevention. The seminars were …Read more
IW v. City of Perth
Country: AustraliaYear: 1997
Court: High Court
Citation: [1997] HCA 30; 191 CLR 1; (1997) 94 LGERA 224; (1997) 146 ALR 696; (1997) 71 ALJR 943
Health Topics: Disabilities, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Freedom from discrimination
IW was a member of the incorporated association known as People Living With AIDS (WA) Inc. (PLWA). PLWA applied for planning approval from the City of Perth for the use of premises as a daytime drop-in center for persons infected with or affected by HIV/AIDS. The City, via its executive body, the Council, refused the …Read more
Mx of Bombay Indian Inhabitant v. M/S. Zy and Anr
Country: IndiaYear: 1997
Court: High Court - Bombay
Citation: AIR 1997 Bom 406; 1997 (3) BomCR 354; (1997) 2 BOMLR 504
Health Topics: HIV/AIDS, Infectious diseases, Occupational health, Poverty
Human Rights: Freedom from discrimination, Right to life, Right to work
The Petitioner, MX, was a casual labourer working for the Respondent, M/s ZY, a State owned corporation. Before his employment could be regularized, the Respondent required the Petitioner to undergo medical tests, including tests for HIV antibodies. The Petitioner passed all fitness requirements presented in the examination except those for HIV antibodies. The Respondent, upon …Read more
Z v. Finland
Country: FinlandYear: 1997
Court: European Court of Human Rights
Citation: App. No. 22009/93, 25 Eur. H.R. Rep. 371 (1997).
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health, Violence
Human Rights: Right to family life, Right to privacy
The applicant, a Finnish national, had been married to X, who was not a Finnish national, at the time the events occurred. They were both infected with the human immunodeficiency virus (HIV). X was convicted for rape and during the criminal proceedings the court gave orders requiring the applicant’s medical advisers to give evidence. In …Read more
A. & Ors. v. Denmark
Country: DenmarkYear: 1996
Court: European Court of Human Rights
Citation: App. No. 20826/92, 22 Eur. H.R. Rep. 458 (1996).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice
Human Rights: Right to due process/fair trial
The applicants were Danish citizens infected with HIV through State administered blood transfusions, who filed a violation of Article 6 of the Convention (right to court) claim. Eight of the applicants were victims and two were relatives of victims, who through frequent blood transfusions at Danish Hospitals were infected with HIV. The eight applicants/victims joined …Read more
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