A v. Union of India (High Court 2000) (unreported)

2000
A was diagnosed with HIV in 1997 while serving in the Indian Navy, where he continued working until he earned his full pension and benefits. After that period, A sought to be re-engaged by the Navy for an additional 3 year period. The Indian Navy refused to re-engage A solely due to his HIV status. A challenged this refusal in the High Court arguing that it violated his right to equal protection, life, and liberty.
Read further » tbl_s5105SACaseDockets_FileUpload5891_66_A v Union of India.pdf

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.
Read further » tbl_s5105SACaseDockets_FileUpload5891_46_B and Others v Minister of Correctional Services.pdf

Background: Forced Sterilization of Women with HIV/AIDS

2010
At least forty HIV-positive women in Namibia have indicated they were subjected to forced or coerced sterilization at public hospitals, violating their rights to life, dignity, family and freedom from degrading treatment and discrimination guaranteed under Namibia's constitution.
Read further » FORCED AND COERCED STERILIZATION OF WOMEN WITH HIV....pdf

Bragdon v. Abbott (Supreme Court 1998)

1998
Bragdon, a dentist, refused to fill cavities for Abbott, who was HIV positive. The District Court ruled in Abbott’s favour finding that being HIV positive fell within the definition of disability under the ADA, and that no issue of material fact was raised by Bragdon as to whether HIV would have posed a direct threat to the health or safety of others. Bragdon appealed the decision to the Court of Appeals which affirmed the District Court ruling. Bragdon then appealed to the U.S. Supreme Court.
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Canada v Thwaites (Trial Division 1994)

1994
Thwaites, a master seaman in the Canadian Armed Forces (CAF), was dismissed from his job. He filed suit against CAF alleging that his right to be free from discrimination was violated as his dismissal was due to his HIV status. The Human Rights Tribunal held that CAF had discriminated against Thwaites due to his HIV status in violation of his rights. CAF appealed the Tribunal’s decision on the grounds that the Tribunal erred in assessing the risks Thwaites posed to others and to himself.
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Canadian AIDS Society v Ontario (Court of Appeal 1995)

1995
The Canadian AIDS Society sought a declaration that Health Protection and Promotion Act (HPPA) and the Laboratory and Specimen Collection Centre Licensing Act (LSCCLA), which required that blood donors and public health authorities be notified if the donor is HIV positive, violated the donor’s right to life, liberty, security and be free from search and seizure.
Read further » 5891_104_Canadian AIDS Society1.pdf

Canadian Pacific Ltd. v Canada (Court of Appeal 1990)

1990
Fontaine was contracted by his employer to Canadian Pacific (CP) to work as a cook. He was constructively dismissed from employment after his HIV status was discovered by CP. Fontaine appealed his dismissal to the Human Rights Tribunal, claiming a violation of his right to be free from discrimination under the Charter. The Tribunal concluded that CP had violated Fontaine’s right to be free from discrimination for dismissing Fontaine on the basis of his HIV status. CP appealed this decision.
Read further » Canadian Pacific Limited v CHRC and Fontaine.pdf

Covarrubias v. Minister of Citizenship and Immigration (Court of Appeal 2006)

2006
Covarrubias, a Mexican national, applied for refugee protection due to the lack of medical treatment available in Mexico to address his medical condition. The Immigration and Refugee Board and lower court denied his application. He appealed to the Federal Court of Appeal alleging in part that the health care exclusion in the Immigration and Refugee Protection Act (IRPA) violated the Charter.
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D v United Kingdom (European Court of Human Rights 1997)

1997
D pled guilty to possession of cocaine while trying to enter the United Kingdom and was sentenced to six years imprisonment. Whilst in prison he was diagnosed with HIV and as suffering from AIDS. Upon his release from prison D was placed in immigration detention pending his removal to St. Kitts. D challenged his removal, arguing that the lack of medical care for AIDS sufferers in St. Kitts violated his right to be free from torture, cruel, inhuman or degrading treatment.
Read further » tbl_s5105SACaseDockets_FileUpload5891_82_CASE_OF_D _v _THE_UNITED_KINGDOM.pdf

De Bruyn v Minister of Justice and Customs (Federal Court 2004)

2004
South Africa requested extradition of De Bruyn. De Bruyn challenged his extradition claiming that it would be unjust given the high risk for men of contracting HIV in South African prisons. In support of his claim, De Bruyn produced a number of news articles discussing the high prevalence rate of HIV in South African prisons. The Minister of Justice rejected De Bruyn’s claim reasoning that there was no evidence that De Bruyn would contract HIV if he was extradited. De Bruyn appealed the decision to the Federal Court.
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Decriminalising High Risk Behaviour as a Key Component of HIV Prevention and Transmission

2010
In May, Malawian President Bingu wa Mutharika pardoned Steven Monjeza and Tiwonge Chimbalanga, who were convicted for carnal knowledge against the order of nature and gross indecency between males after holding a traditional engagement ceremony at a lodge in Blantyre, Malawi. They had been sentenced to the maximum fourteen years with hard labour by a Magistrates’ Court.
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Diau v Botswana Building Society (Industrial Court 2003)

2003
Diau’s employment at the Botswana Building Society (BBS) was conditional upon a six-month probationary period and a full medical examination. Part of the medical examination included an HIV test, which Diau refused to take. She was dismissed. Diau filed a claim against the BBS alleging violations of her right to privacy, be free from unfair discrimination, liberty, and be free from inhuman and degrading treatment.
Read further » tbl_s5105SACaseDockets_FileUpload5891_62_Diau-typed.pdf

Doe v. City of New York (Second Circuit Court 1994)

1994
Doe filed a claim against Delta Airlines with the City of New York Commission on Human Rights claiming that Delta discriminated against him based on its suspicion of his HIV status. The parties reached a settlement agreement, which included a confidentiality clause stating that Delta and the Commission would not disclose Doe’s name in connection with this claim. Despite the confidentiality clause the Commission issued a press release disclosing the terms of the agreement.
Read further » 5891_96_Doe v City of NY.pdf

Doe v. Southeastern Pa. Trans. Auth. (Third Circuit Court 1995)

1995
Doe, an employee of South Eastern Pennsylvania Transportation Authority (SEPTA), brought an action alleging that SEPTA violated his right to privacy by disclosing his HIV status to two individuals within the company. A senior official at SEPTA learned of Doe’s status from the medication he was taking while reviewing an employee prescription drug program and disclosed Does’ status to two other individuals. The jury awarded Doe damages. The decision was appealed.
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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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Eldridge v British Columbia (Supreme Court 1997)

1997
Three deaf individuals sued the Attorney General of British Columbia and the Medical Services Commission arguing that they received inferior medical care due to the lack of sign language translators available at medical care facilities.
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Fontaine v Canadian Pacific Ltd (Human Rights Tribunal 1989)

1989
Fontaine was contracted by his employer to Canadian Pacific (CP) to work as a cook. He left employment after his HIV status was discovered by CP and he was subjected to stigma and discrimination by his CP employees. Fontaine appealed his treatment to the Human Rights Tribunal, claiming a violation of his right to be free from discrimination under the Human Rights Act. At issue was whether CP was Fontaine’s employer for purposes of the Human Rights Act and whether the Tribunal had jurisdiction over the matter.
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Haindongo Nghidipohamba Nanditume v Minister of Defence (Labour Court 2000)

2000
Nanditume sued the National Defence Force (NDF) in the Labour Court for denying him employment due solely to his HIV status. The NDF had a blanket pre-employment testing policy and refused to hire anyone who tested positive for HIV regardless of the individual’s physical fitness. Employees of NDF were not tested for HIV nor dismissed if HIV positive.
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Henao v The Netherlands (European Court of Human Rights 2003)

2003
Henao, a Colombian national, was sentenced to two years for carrying drugs into the Netherlands. As an non-citizen, he was under orders for deportation once his sentence was served. While serving his sentence, he was found to be HIV-positive and received anti-retroviral treatment. Before his release from prison Henao requested the Minister of Justice to lift his deportation order in light of the prohibitive cost of anti-retroviral treatment in Colombia.
Read further » tbl_s5105SACaseDockets_FileUpload5891_84_ARCILA HENAO v THE NETHERLANDS.pdf

Herring v Keenan (Tenth Circuit Court 2000)

2006
Herring sued Kennan, his probation officer, for violating his right to privacy, to be free from cruel and unusual punishment, and liberty after Keenan disclosed Herring’s HIV status to his sister, manager and employer. The lower court found that Herring could sue Keenan for violating his right to privacy but not his rights to be free from cruel and unusual punishment and liberty. Keenan appealed the decision.
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Hoffman v. South African Airways (Constitutional Court 2000)

2000
In 1996, South African Airway’s (SAA) employment policy dictated that Hoffman be denied employment as a cabin attendant due to his HIV status, despite him being found to be otherwise medically fit. Hoffman challenged his treatment alleging it constituted unfair discrimination in violation of his right to equality, human dignity and fair labour practices. The High Court held that SAA did not violate Hoffman’s rights. Hoffman appealed to the Constitutional Court.
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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.
Read further » tbl_s5105SACaseDockets_FileUpload5891_100_In Re C.pdf

Kingaipe et al v Attorney General (High Court 2010)

2010
Stanley Kingaipe and Charles Chookole joined the Zambian Air Force (ZAF) in June and July of 1989, respectively. Between 2001 and 2002, both underwent compulsory medical exams without being informed they were being tested for HIV. The men tested positive for HIV and were prescribed antiretroviral drugs (ARVs). However, according to their testimoney they were neither informed of their HIV-positive status, nor advised on the nature of the prescribed drugs. They were ultimately discharged in October 2002.
Read further » ZAF High Court judgment.pdf

Lemo v Northern Air Maintenance (Pty) Ltd (Industrial Court 2004)

2004
Lemo, an employee of Northern Air Maintenance, was dismissed the day after he disclosed his HIV status to his employer. During the final four years of his employment, Lemo’s health deteriorated and he had taken all of his annual leave, sick leave, and repeatedly was on unpaid leave. There was a factual dispute as to whether Lemo was terminated due to his HIV status or his frequent absence from work.
Read further » tbl_s5105SACaseDockets_FileUpload5891_58_Lemo-typed.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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Monare v Botswana Ash (Pty) Ltd (Industrial Court 2004)

2004
Monare, who was HIV positive, worked for Botswana Ash for seven years as a personnel officer in charge of industrial relations. As his medical condition deteriorated, his employment was terminated. Monare sued Botswana Ash alleging his dismissal was unfair since it was based on his HIV status.
Read further » tbl_s5105SACaseDockets_FileUpload5891_60_Monare-typed.pdf

MX v ZY (High Court 1997)

1997
After being short-listed, MX, a casual labourer, was removed from consideration for full-time employment at a public company and from his temporary position with the same company due to his HIV status. He had been found fit for duty by a medical practitioner.MX filed suit in the High Court claiming that the company had violated his rights to earn a living and to equal protection.
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N v Secretary of State for the Home Department (House of Lords 2005)

2005
N, a Ugandan national, sought asylum in the United Kingdom. She was diagnosed as HIV positive and suffered from AIDS. Doctors indicated that regular access to anti-retrovirals would significantly prolong her life expectancy. N’s application for asylum was denied and she eventually challenged her impending removal to Uganda, arguing that it would violate her rights under European Convention on Human Rights, which prohibits torture and inhuman and degrading treatment.
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N v United Kingdom (European Court of Human Rights 2008)

2008
N, a Ugandan national, sought asylum in the United Kingdom. She was diagnosed as HIV positive and suffered from AIDS. The House of Lords upheld the denial of asylum. N appealed to the European Court of Human Rights arguing that her rights to be free from torture and cruel, inhuman and degrading treatment and to respect for private and family life were violated by the denial.
Read further » tbl_s5105SACaseDockets_FileUpload5891_124_CASE OF N v THE UNITED KINGDOM appeal_.pdf

NM and others v Smith and others (Constitutional Court 2007)

2007
Three HIV positive women whose identities had been published in a biography without their prior consent sued the author of the book, Charlene Smith, the subject of the book, Patricia DeLille, and the publisher, New Africa Books. Smith had obtained a clinical trial report which identified the three women by name. The women had signed limited consent forms for the disclosure of their identities in the clinical trial report but not for further dissemination of their identities.
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