HIV Legal Aid. Regional HIV Legal Aid Network

Decisions of national courts

Decision of Center mun. Chisinau Court issued on February 26, 2016

12.01.2018

Order num.100 of the Ministry of Health according to which obstetric help can be provided to HIV-positive women only in 2 medical institutions in the country, where pregnant women must be sent by all local medical institutions was considered as  discriminatory against pregnant women who are HIV-positive.

The Judgment of the Kutaisy Court of Appeal issued on November 25, 2008

15.12.2017

Court found that claimant was infected HIV by the blood provided by the LLK “Kutaisi regional blood bank” and ordered the defendent to compansate non-pecunary damage.  

Judgment of the Pechersky District Court, issued on July 25, 2006

15.12.2017

The court found the Order of the Ministry of Public Health of Ukraine, the Ministry of Labor and Welfare, the Occupational Injury and Disease Social Insurance Fund illegal and annulled the part on the requirement to provide information on the patient’s initial and final diagnoses and disease codes in medical certificate.    

Verdict by the District Court of Ternopol issued on July 30, 2015

03.02.2016

The patient of the replacement therapy was indicted for illegal acquisition of narcotic drugs for sale, and of illegal marketing of methadone. The Court recognized that the protocol of purchase of drugs and other evidence obtained in the course of secret investigative actions are not admissible. The Court concluded that this crime had been committed as a result of provocative actions by the police forces. Considering the absence of other evidence in favor of the guilt, the Court acquitted the patient.

Verdict by the District Court of Shargorod of Vinnitsa region issued on November 10, 2014

03.02.2016

The District Court of Shargorod acquitted the drug-addicted person accused for sale of narcotic drugs. The court established the fact of provocation by the police offices, infringement of the procedure as well as violation of the right for protection.

The decision of the Constitutional Court of the Russian Federation issued on May 12, 2006 № 155-O

03.02.2016

On the complaint filed by the citizen of Ukraine concerning the violation of his constitutional rights by the provisions of paragraph 2 Article 11 of the Federal Law “On the prevention of the disease caused by human immunodeficiency virus (HIV)”

The Judgement of the St. Petersburg City Court, issued on December 8, 2014

07.09.2015

The judgement of the St. Petersburg City Court on the complaint of the Department of the Federal Migration Service in St. Petersburg and Leningrad region for upholding the judgement of the Nevsky District Court of St.Petersburg.The judgement of the Nevsky District Court of St. Petersburg satisfied M.’s complaint on denial of the DFMS to permit M. a temporary residence on the territory of the Russian Federation because of her being HIV-positive.

The verdict of the Krasnogvardeisky District Court of St. Petersburg, issued on September 30, 2014

07.09.2015

The Krasnogvardeisky District Court of St. Petersburg had found a police officer guilty of manslaughter of a sex worker and sentenced him to eight years of imprisonment.

The Decree of the Civil and Administrative Board of the Supreme Court of Justice of Moldova, issued on April 15, 2010

05.09.2015

The Supreme Court of Justice rendered the decree on the appeal of the Military Center of the Chisinau municipality to the Judgement of the Cassation Board of Chisinau, issued on December 1, 2009 on the cancellation of the certificate on being deemed unfit for military service with the indication of the HIV status, and on issuing the certificate without specifying such status, and on paying a material compensation for moral damages.

The Judgement of the Riscani Court’s of the municipality of Chisinau,issued on June 8, 2011

05.09.2015

The lawsuit against the Republican Narcological Dispensary on the disclosure of confidential medical information. The claim to pay 150 000 Lei to compensate moral damages. The fact of disclosure of medical information is proven; it is decided to collect 5 000 Lei as compensation for moral damages.

Важнейшие проблемы, стоящие перед людьми, невозможно решить на том уровне мышления, на котором мы находились, создавая их
Альберт Эйнштейн

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