B and others v Minister of Correctional Services and others (High Court 1997)
1997
Four HIV-positive prisoners sued the Minister of Correctional Services and others for failing to provide them with anti-retroviral treatment claiming the failure amounted to a violation of their right to adequate medical treatment. The Minister of Correctional Services argued that providing anti-retroviral treatment to relevant prisoners was beyond the resources of the prison.
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tbl_s5105SACaseDockets_FileUpload5891_46_B and Others v Minister of Correctional Services.pdf
E N and others v Government of RSA and others (High Court 2006)
2006
Fifteen HIV positive prisoners, in the advanced stages illness sued, among others, the Republic of South Africa asking the Court to require access to anti-retroviral treatment for prisoners. The prisoners alleged violations of their constitutional rights to health care and "to conditions of detention consistent with human dignity, including at least exercise and the provision, at State expense, of adequate accommodation, nutrition, reading material and medical treatment."
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In re: C (Court of Appeal 1999)
1999
C’s mother was diagnosed with HIV. After conducting her own research she chose to focus on pursuing a healthy lifestyle and stopped medically monitoring her condition. She eventually gave birth to C through a vaginal delivery. She did not take any medication shown to reduce the risk of mother to child transmission of HIV, and breastfed C, which can transmit HIV to a child. The local authority applied for an order that C be tested for HIV. C’s parents contested the application and lost in the High Court. They appealed.
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tbl_s5105SACaseDockets_FileUpload5891_100_In Re C.pdf
Minister of Health and others v Treatment Action Campaign and others (Constitutional Court 2002)
2002
The Treatment Action Campaign (TAC) and a number of other civil society organizations and individuals challenged the government’s limited dispensation of nevirapine, a drug known to reduce te risk of mother to child transmission of HIV, in the High Court. The government appealed to the Constitutional Court.
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Odafe and others v Attorney-General and others (High Court 2004)
2004
The applicants were HIV positive prisoners awaiting trial. All had been awaiting trial for at least two years. HIV positive prisoners were segregated and denied access to medicines. The prisoners challenged the state’s policy alleging that their segregation amounted to unfair discrimination and violated their constitutional right to dignity and that the denial of medical treatment violated their right to inhuman and degrading treatment.
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tbl_s5105SACaseDockets_FileUpload5891_48_Odafe--typed.pdf
Paschim Banga Khet Mazdoor Samity v State of West Bengal (Supreme Court 1996)
1996
Hakim Seikh suffered serious head injuries and brain haemorrhaging after a fall from a train and was shuttled from hospital to hospital due to lack of bed space. After more than 24 hours he was finally admitted to a private hospital where he received care. Paschim Banag Khet Samity, an organization of agricultural labourers to which Seikh belonged, sued the State of West Bengal on Seikh’s behalf for violating his right to life under the Constitution.
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