Treatment Action Campaign v. Minister of Health (No. 1)
Country: South AfricaYear: 2001
Court: High Court - Transvaal Provincial Division
Citation: 2002(4) BCLR 356 (T)
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Right to health, Right to life
Applicants sought an order that the respondents (the Minister of Health and the members of the executive council for health) make Nevirapine available to pregnant women with HIV who give birth in public health institutions and “produce and implement an effective national program to prevent or reduce mother to child transmission (MTCT) of HIV, including …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
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
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
CES and Anr. v. Superclinics and Ors.
Country: AustraliaYear: 1995
Court: Supreme Court of New South Wales
Citation: (1995) 38 NSWLR 47; (1995) Aust Torts Reports 81-360
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity
CES (‘the first appellant’) sought damages from Superclinics (‘respondent’) for the loss of an opportunity to terminate her pregnancy. The first appellant, a 21-year-old woman, visited a doctor at Superclinics after she missed her period. She stated that if she were found to be pregnant, she would like the pregnancy terminated. The doctor did not …Read more
McCourt v. Abernathy
Country: United StatesYear: 1995
Court: Supreme Court of South Carolina
Citation: McCourt v. Abernathy 457 S.E. 2d 603 (S.C. 1995)
Health Topics: Health care and health services, Medical malpractice
Human Rights: Right to health
Respondent, Steven McCourt, as representative of his wife, Wendy McCourt, brought wrongful death and survival causes of action against appellant physicians, Glenn Abertnathy and J.D. Clyde and Family Medicine Associates. Decedent Wendy McCourt sought treatment from appellants in December 1987. Dr. Abernathy obtained a history from Wendy revealing a history of liver problems. In March …Read more
R v. Dyment
Country: CanadaYear: 1988
Court: Supreme Court of Canada
Citation: [1988] 2 SCR 417
Health Topics: Controlled substances, Health care and health services, Health information, Hospitals, Informed consent
Human Rights: Right to due process/fair trial, Right to privacy
The respondent had an accident and suffered a head laceration. A police officer drove the respondent to the hospital where the doctor collected free-flowing blood for medical purposes from the respondent who was unconscious. He gave the blood to a police officer who did not have a search warrant or patient consent. The patient was …Read more
Francisco C. De La Rama v. The People’s Court
Country: PhilippinesYear: 1946
Court: Supreme Court
Citation: G.R. No. L-982
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Right to liberty and security of person
The Petitioner was an accused seeking bail on the grounds of ill health. In the meantime, he had filed a motion asking for permission to be confined and treated in a hospital while the bail petition was being considered. The People’s Court ordered that the Petitioner be temporarily confined and treated in the Quezon Institute, …Read more