Judges will make a damages ruling later this week following an earlier confirmation of Italy’s HIV blood transfusion human rights breach.
G.N. and Others v. Italy (no. 43134/05)
The applicants, Mr G.N., Ms G.S., Mr D.C., Ms G.D.M., Mr S.C., Ms E.S. and Ms D.C., are Italian nationals who were born in 1950, 1957, 1937, 1938, 1965, 1920 and 1973 respectively and live in Italy. The first six applicants are the relatives of persons now deceased who contracted human immunodeficiency virus (HIV) or hepatitis C in the 1980s following blood transfusions carried out by the State health service. The same thing happened to the seventh applicant, Ms D.C., who is the only surviving member of the infected group.
In a judgment of 1 December 2009 the Court held that there had been a violation of Article 2 (right to life, procedural aspect) and of Article 14 (prohibition of discrimination) in conjunction with Article 2. By way of just satisfaction (Article 41), it awarded 39,000 euros (EUR) to Ms D.C., and the same amount, jointly, to each of the following couples: Mr D.C. and Ms G.D.M., Mr G.N. and Ms G.S., Ms E.S. and Mr S.C., in respect of non-pecuniary damage. The Court also awarded the applicants EUR 8,000, jointly, for costs and expenses. Lastly, it held that the question of pecuniary damage was not ready for examination and reserved it for a decision at a later stage. This question will be determined in the judgment to be delivered by the Court on 15 March 2011.
2009 Judgement [fr]