Skip to content | Skip to navigation

promoting human rights and the rule of law in southern africa

welcome iconLibrary

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 » Download this file5891_104_Canadian AIDS Society1.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 » Download this file5891_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.
Read further »


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.
Read further »


Kenneth Good v. Republic of Botswana, Comm. 313/05

2008

Read further »


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.
Read further »


Swaziland Coalition of Concerned Civic Organisations Trust v. Elections and Boundaries Commission, Crim. Appeal Case No: 26/08

2008

Read further »


Swaziland National Ex-Miners Workers Association and Others v The Minister of Education and Others

2009
Swaziland National Ex-Miners Workers Association and Others v The Minister of Education and Others
Read further » Download this fileSKMBT_50110061012210.pdf


Table on FOI legislation and constitutional provisions

2010

Read further » Download this fileTable on legislation in Southern Africa.doc


The Swaziland Coalition of Concerned Civic Organisations Trust v Elections and Boundaries Commission

2010
Elections and Boundaries Commission.
Read further » Download this fileJudgement-Appeal EBC.pdf


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 » Download this filetbl_s5105SACaseDockets_FileUpload5891_92_CASE_OF_Z _v _FINLAND.pdf