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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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.
Read further » 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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Perreira v Buccleuch Montessori Pre-School and Primary (Pty) (High Court 2003)

2003
Perreira instituted action on behalf of her daughter who was living with HIV, alleging that her daughter had been discriminated against by Buccleuch Montessori school after they refused to enrol her. At dispute was whether the application for admission was solely rejected due to the child’s HIV status. The school conceded that it had recommended the application be deferred until the school was ready to admit HIV positive children and until the child was "past the biting stage".
Read further » tbl_s5105SACaseDockets_FileUpload5891_116_Perreira v Buccleuch _High Court_.pdf

Presentation: HIV, Human Rights, and the Law

2009
Presentation on HIV, Human Rights and the Law made to the Law Association of Zambia annual general meeting, April 2009.
Read further » LAZ presentation.ppt

Prisoners A-XX Inclusive v State of New South Wales (Court of Appeal 1995)

2006
Fifty inmates sued the State of New South Wales for failing to supply or permit possession of condoms by male prisoners. The court of first instance held that applicants could sue for a breach of the duty of care owed to the prisoners but it could only be on behalf of the four aggrieved inmates at a time as proceedings involving 50 prisoners would be unmanageable and unwieldy. The Court also rejected the prisoners’ claim to habeas corpus. The prisoners appealed the decision.
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Québec (Commission des droits de la personne) v. Dr. G (Human Rights Tribunal 1995)

2006
Dr. G, a dentist, refused PM a dental consultation on the basis that PM was HIV positive. PM had informed the dental hygienist of his status. PM sued Dr. G alleging that the refusal violated his right to be free from discrimination on the basis of a handicap as provided under the Charter.
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R v Secretary of State for the Home Department, ex parte Glen Fielding (High Court QBD 1999)

2006
Fielding, an inmate challenged the prison’s policy denying prisoners access to condoms unless prescribed by a prison doctor in the Court.
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SALC Amicus: Women and Law in Southern Africa-Malawi v Attorney-General

2010
SALC Amicus submission on the link between HIV and women's property rights in WLSA-Malawi v Attorney General (Constitutional Court 2010)
Read further » SALC Amicus Submission for WLSA-Malawi property rights case.doc

SALC Amicus: Masupha v The Senior Resident Magistrate for the Subordinate Court of Berea and Others

2012
SALC Amicus submission on the link between HIV and women’s right to succeed to chieftainship in Masupha v The Senior Resident Magistrate for the Subordinate Court of Berea and Others (Lesotho High Court 2010)
Read further » SALC Amicus Submission for Masupha v Magistrate of the Subordinate Court of Berera and Others.doc

SALC Submission to Global Commission on HIV and the Law

2011
The submission highlights the legal and policy impediments to effectively addressing HIV. In the submission, SALC argues that the continued violations of women's sexual and reproductive rights in the region, the discrimination of sexual minorities and the discriminatory laws regarding women's inheritance and property rights hamper efforts to address HIV in southern Africa.
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Stanfield v Minister of Correctional Services and others (High Court 2003)

2003
Stanfield was serving a six year prison sentence when he was diagnosed with an incurable and inoperable lung cancer. Stanfield applied for parole on medical grounds, which was denied. He appealed the denial to the High Court.
Read further » tbl_s5105SACaseDockets_FileUpload5891_118_STANFIELD V MIN OF CORRECTIONAL SERVICES.pdf

Thwaites v Canadian Armed Forces (Human Rights Tribunal 1993)

1993
Thwaites, a master seaman, was dismissed from employment with the Canadian Armed Forces (CAF) allegedly due to his HIV status. He filed a complaint with the Human Rights Tribunal against CAF, alleging discrimination under the Human Rights Act (HRA). At issue in the case was whether CAF had a legitimate reason for dismissing Thwaites based on his HIV status.
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X v Commonwealth of Australia (High Court 1999)

1999
X enlisted in the Australian Regular Army and was discharged after he tested positive for HIV during a medical examination. He was otherwise found to be in "excellent" health and capable of performing his duties as an enlistee. X filed a complaint with the Human Rights and Equal Opportunity Commission, alleging that his discharge amounted to unlawful discrimination.
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Z v Finland (European Court of Human Rights 1997)

1997
Z applied for relief to the European Court of Human Rights alleging that her right to privacy under the Convention was violated when her HIV status was disclosed by the media during her husband’s criminal trial.
Read further » tbl_s5105SACaseDockets_FileUpload5891_92_CASE_OF_Z _v _FINLAND.pdf