Life (Right to)

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A group of persons living with HIV and covered by Instituto Venezolano de los Seguros Sociales (IVSS) filed an amparo action against IVSS requesting it to ensure regular and consistent supply of triple-therapy drugs and other drugs needed to treat opportunistic diseases, as well as to provide coverage of expenses of all necessary medical tests. The petitioners also requested that the effect of the decision be extended to all HIV-positive persons covered by IVSS.

A petition was filed with the Inter-American Commission on Human Rights (IACHR) against the State of Brazil and in favor of the Yanomami indigenous community.

A group of citizens living with HIV/AIDS filed an amparo action against the Health and Assistance Ministry (HAM) due to its refusal to deliver drugs needed to treat the virus as prescribed (triple therapy). Applicants had no social security and lacked financial means to buy the prescribed drugs.

The Yakye Axa community, a Paraguayan indigenous community belonging to the Lengua Enxet Sur people, filed a complaint with the Inter-American Commission of Human Rights (IACHR) alleging Paraguay had failed to acknowledge its right to property over ancestral land. Given its impossibility to solve the case, the Commission referred it to the Inter-American Court of Human Rights.

Jeannine Godin lived in poverty and relied on social assistance.  The Minister of Health and Social Services had been granted custody of her three children for six months, and was applying to extend this for another six months.  She applied to legal aid for a lawyer to represent her at the hearing but was denied because legal aid did not cover temporary custody hearings.  She applied to the court for an order that funds be provided for a lawyer and asked for a declaration that the restricted eligibility for legal aid violated her rights to life, liberty and security of the person under s.

The case involved a challenge by certain private professional educational facilities to the constitutionality of state laws regulating capitation fees charged by such institutions.  

Under Sections 20 and 21 of the Urban Land Ceiling and Regulation Act, 1976, the State Government exempted certain excess land from the provisions of the Act on the condition that the land be used by the builders for the purpose of providing housing for the ‘weaker sections of society.'  It was alleged that the builders had not done so. Although it found that the applicant's writ of petition had been rendered infructuous, the Bombay High Court gave some directions regarding future monitoring of the scheme sanctioned under Section 20.
 

South Africa is in the midst of an HIV/AIDS epidemic with more than 6 million people infected.    In 2,000, with infections of newborns in the range of 80,000 per year, the anti-retroviral drug Nevirapine offered the potential of preventing the infection of 30 – 40,000 children per year.  The drug was offered to the Government for free for five years, but the South African Government announced it would introduce Mother-To-Child-Transmission (MTCT) only in certain pilot sites and would delay setting these up for a year, thereby denying most mothers access to treatment.  The Treatment Action

Three brothers (V) lived in Switzerland from 1980 as recognised refugees. In 1987, they were expelled from Switzerland to Czechoslovakia for criminal offences. In September 1991, they illegally re-entered Switzerland.

Starvation deaths had occurred in the state of Rajasthan, despite excess grain being kept for official times of famine, and various schemes throughout India for food distribution were also not functioning. In 2001, the People's Union for Civil Liberties (PUCL) petitioned the court for enforcement of both the food schemes and the Famine Code, a code permitting the release of grain stocks in times of famine. They grounded their arguments on the right to food, deriving it from the right to life.