Judgments

N v United Kingdom (European Court of Human Rights 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 More

NM and Others v Smith and Others (Constitutional Court 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.» Read More

E N and others v Government of RSA and others (High Court 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.”» Read More

Covarrubias v. Minister of Citizenship and Immigration (Court of Appeal 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.» Read More

N v Secretary of State for the Home Department (House of Lords 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.» Read More