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371 judgments found.
Country:
Argentina Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: T. 421. XXXVI.
Health Topics:
Hospitals,
Sexual and reproductive health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to health,
Right to life,
Right to privacy Facts: The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against a public hospital in the city of Buenos Aires, to obtain the termination of a pregnancy because the fetus was anencephalic (a baby born with an underdeveloped brain and an incomplete skull), which was denied by the hospital. Abortions are illegal in …Read more
Tags: Right to bodily integrity,
Right to Health,
Right to Life,
Right to Privacy,
sexual and reproductive rights
Country:
Nigeria Year: 2001
Court: Court of Appeals, Kaduna Judicial Division
Citation: Alhaji Dikko Setto v. Motsibbe & Anor, (2001) CA/IL/154/S/2000,Ct. of App., Kaduna Judicial Div. (Nigeria).
Health Topics:
Sexual and reproductive health Human Rights: Right to privacy Facts: Under Islamic jurisprudence, a divorced woman is to observe her “iddah,” a mandatory period of three months, before she is eligible to remarry. During this probationary period, her marriage to her ex-husband is considered to be inactive but capable of being revitalized and reconciled. She is obligated to stay in her parents’ house, while her …Read more
Country:
United States Year: 2000
Court: Supreme Court
Citation: 530 U.S. 924 (2000)
Health Topics:
Health care and health services,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: Carhart, a physician who performed abortions, brought suit challenging the constitutional validity of a Nebraska statute which prohibited non-lifesaving “partial birth abortions.” The statute defined this procedure as “deliberately and intentionally delivering into the vagina a living unborn child, or a substantial portion thereof, for the purpose of performing a procedure that the person performing …Read more
Tags: Abortion,
Abortion technique,
Access to treatment,
Criminalization,
Duty of care,
Family planning,
Maternal health,
Maternal mortality,
Negligence,
Partial birth abortion,
Pregnancy,
Termination of pregnancy,
Unsafe abortion
Country:
Bolivia Year: 2000
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to work Facts: Gloria Máxima Ortiz Rivera, an employee at the Municipality of Sucre, received memorandum No. 95/00 on February 22, 2000, which she claimed put her in the fifth bracket of the payroll and constituted a demotion and an indirect dismissal. Rivera asserted that upon reaching her 32nd week of pregnancy she was prevented from accepting the …Read more
Tags: Employment,
Maternal health,
Pregnancy
Country:
Portugal Year: 2000
Court: European Court of Human Rights
Citation: Application no. 33290/96
Health Topics:
Child and adolescent health,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Right to family life Facts: S was a homosexual Portuguese national. In 1983 he married a woman, C, with whom he had a daughter. S and C subsequently separated and then divorced. Since their separation, S had been living with another man. In connection with their divorce, S and C signed an agreement giving C parental responsibility over the daughter …Read more
Tags: Child development,
Gay,
Homosexual,
LGBTI,
Queer,
Sexual abuse,
Sexual orientation
Country:
New Zealand Year: 2000
Court: Court of Appeal
Citation: [2001] 2 LRC 233
Health Topics:
HIV/AIDS,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom of expression Facts: Living World Distributors (“LWD”) attempted to import two videos from the USA into New Zealand. The videos, which discussed aspects of homosexuality, opposed the granting of special rights to homosexuals and stated that homosexuality is one of the causes of the spread of HIV/AIDS. The videos were deemed suitable for audiences over 16 years old …Read more
Tags: AIDS,
Bisexual,
Gay,
Gender identity,
HIV,
Homosexual,
Lesbian,
LGBTI,
Queer,
Sexual orientation,
Transgender
Country:
Australia Year: 1999
Court: Supreme Court of New South Wales
Citation: [1999] NSWSC 1082
Health Topics:
Controlled substances,
Health care and health services,
Health information,
HIV/AIDS,
Infectious diseases,
Medical malpractice,
Mental health,
Sexual and reproductive health Facts: The case was brought by BT on behalf of herself and on behalf of the estate of her late husband, AT, against the defendant, a general practitioner, who was AT’s doctor from 26 November 1991 to 22 January 1993. The case arose as a result of the defendant’s alleged negligent failure to diagnose AT’s HIV …Read more
Tags: AIDS,
Awareness,
Compensation,
Condoms,
Confidentiality,
Contraceptives,
Counseling,
Damages,
Depression,
Diagnostics,
Disclosure,
Duty of care,
Gay,
Harm reduction,
Health care professionals,
Health care workers,
Hepatitis,
HIV,
HIV positive,
HIV status,
Homosexual,
Inadequate treatment,
Inappropriate treatment,
Injecting drug users,
LGBTI,
Most-at-risk,
Negligence,
Non-disclosure,
Notification,
People living with HIV/AIDS,
PLHIV,
Queer,
Remedies,
Sex workers,
Sexually transmitted diseases,
Sexually transmitted infections,
Spousal notification,
Standard of care,
STDs,
STIs,
Testing,
Transmission
Country:
United Kingdom Year: 1999
Court: European Court of Human Rights
Citation: Applications No. 31417/96 and 32377/96; (2000) 29 EHRR 548; [1999] ECHR 71; 7 BHRC 65
Health Topics:
Health information,
HIV/AIDS,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to privacy Facts: Mr. Lustig-Prean and Mr. Beckett were discharged from the Royal Navy on the basis of their sexual orientation. In June 1994, Mr. Lustig-Prean was approached by military service police and, wanting to avoid further and less discrete investigations, Mr. Lustig-Prean admitted that he was homosexual. In May 1993, Mr. Beckett admitted to his superiors that …Read more
Tags: Bullying,
Confidentiality,
Disclosure,
Employment,
Gay,
HIV,
HIV status,
Homosexual,
Humiliating treatment,
LGBTI,
Military,
Most-at-risk,
Queer,
Secrecy,
Sexual orientation
Country:
United Kingdom Year: 1999
Court: European Court of Human Rights
Citation: Applications No. 33985/96 and 33986/96; (1999) 29 EHRR 493; [1999] ECHR 72; [1999] IRLR 734; (1999) 11 Admin LR 879
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to due process/fair trial,
Right to family life,
Right to privacy,
Right to work Facts: The Applicants were both exemplary members of the Royal Air Force and had been discharged solely due to being homosexual. The first appellant was an enrolled nurse. An anonymous female caller left a message on the applicant’s answering machine stating that she knew about the applicant’s homosexuality and afterwards informed the air force authorities. In a …Read more
Tags: Employment,
Gay,
Homosexual,
Lesbian,
LGBTI,
Military,
Sexual orientation
Country:
United Kingdom Year: 1999
Court: High Court of Justice, Queen's Bench Division
Citation: [1999] EWHC Admin 641
Health Topics:
HIV/AIDS,
Infectious diseases,
Medicines,
Prisons,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to health Facts: In 1996, Glen Fielding was sentenced to four years imprisonment. Whilst incarcerated, Fielding, a man who had sex with men, requested condoms but was refused on the basis that it was against Prison Service policy to provide condoms to a prisoner who was not HIV-positive; there was no evidence that Fielding was HIV positive. The …Read more
Tags: AIDS,
Bisexual,
Contraception,
Contraceptives,
Custody,
Gay,
HIV,
Homosexual,
Imprisonment,
Incarceration,
Inmate,
Jail,
People living with HIV/AIDS,
PLHIV,
Queer,
Sexually transmitted diseases,
Sexually transmitted infections,
Sodomy,
STDs,
STIs
Country:
United Kingdom Year: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 2022; [2000] 1 WLR 977
Health Topics:
Health care and health services,
Health systems and financing,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to health Facts: North West Lancashire Health Authority (the Authority), the Appellant, appealed against an order quashing the Authority’s decision to refuse gender reassignment treatment to A, D and G, the Respondents. A, D and G all suffered from “gender identity dysphoria,” or transsexualism. Each had male physical characteristics but female sexual identity. A and G had been …Read more
Tags: Access to health care,
Access to treatment,
Budget,
Gender identity,
Health care technology,
Health expenditures,
Health facilities,
Health funding,
Health spending,
LGBTI,
Mental illness,
Out-of-pocket expenditures,
Psychiatry,
Psychology,
Public hospitals,
Queer,
Sex reassignment,
Subsidies,
Tertiary care,
Transgender,
Transsexual
Country:
United Kingdom Year: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 3007
Health Topics:
Child and adolescent health,
HIV/AIDS,
Informed consent,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life Facts: C’s mother was HIV infected. C, who was born in April 1999 was breastfed by her mother despite concern that this increased C’s potential to become infected by HIV if she was not already HIV positive. The local authority sought a direction for a blood test to be carried out to test C’s HIV status …Read more
Tags: AIDS,
Breast feeding,
Child development,
Children,
Compulsory testing,
HIV,
HIV positive,
HIV status,
Infant health,
Involuntary testing,
Mandatory testing,
Minor,
Most-at-risk,
Non-consensual testing and treatment,
Non-evidence based treatment,
Parental consent,
Pediatric health,
People living with HIV/AIDS,
PLHIV,
Transmission
Country:
Nepal Year: 1999
Court: Supreme Court
Citation: Writ No.064 WO 0230
Health Topics:
Child and adolescent health,
Diet and nutrition,
Health care and health services,
Health information,
Health systems and financing,
Hospitals,
Poverty,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to health,
Right to life,
Right to privacy Facts: Under Article 20(2) of the Interim Constitution 2063 in Nepal, every woman in Nepal had the fundamental right to reproductive health. However, there were no effective health services addressing the issue of uterine prolapse, a serious ailment affecting nearly 600,000 women in Nepal. The Petitioners, among others, Pro-Public, an organization working in the area of …Read more
Tags: Abortion,
Access to health care,
Access to treatment,
Awareness,
Budget,
Child development,
Child mortality,
Childbirth,
Children,
Diet,
Family planning,
Food,
Health care workers,
Health education,
Health expenditures,
Health funding,
Health promotion,
Health spending,
Infant health,
Infant mortality,
Malnutrition,
Maternal health,
Maternal mortality,
Miscarriage,
Pediatric health,
Poor,
Pregnancy,
Primary care,
Termination of pregnancy,
Underprivileged,
Unsafe abortion
Country:
Fiji Year: 1999
Court: Magistrate's Court of Fiji at Levuka
Citation: State v. Bechu, [1999] FJMC 3 (Fiji).
Health Topics:
Sexual and reproductive health,
Violence Human Rights: Right to bodily integrity,
Right to life Facts: Filipe Bechu was charged with the offence of rape. The Penal Code states that “Any person who has unlawful carnal act with a woman or girl, without her consent, or with her consent if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of bodily …Read more
Tags: Rape,
Sexual abuse,
Sexual assault,
Sexual violence,
Violence against women
Country:
Australia Year: 1998
Court: Family Court
Citation: (1998) 145 FLR 90; (1998) 23 Fam LR 53; (1998) FLC 92-807; [1998] FamCA 55
Health Topics:
Child and adolescent health,
Mental health,
Sexual and reproductive health Human Rights: Right to family life Facts: “Evelyn” was born to Mrs. S as a result of a surrogacy arrangement with Mr. and Mrs. Q. Mr. and Mrs. Q and Mr. and Mrs. S had been close friends for some years and had shared several joint holidays. Mrs. Q had discussed her infertility with Mrs. S and after much deliberation, Mrs. S …Read more
Tags: Assisted reproductive technology,
Child development,
Childbirth,
Children,
Family planning,
Fertility,
In utero fertilization,
Infertility,
Minor,
Psychology
Country:
United Kingdom Year: 1998
Court: Court of Appeal, Civil Division
Citation: [1998] EWCH Admin 490
Health Topics:
Health care and health services,
Informed consent,
Mental health,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life Facts: A 36 weeks-pregnant woman, referred to as “MS”, sought care as a new patient at a local National Health Service (NHS) practice on 25th April 1996. She previously had not sought any ante-natal care. She was quickly diagnosed with pre-eclampsia, a condition threatening the life and health of both her and her baby. She rejected …Read more
Tags: Caesarean,
Childbirth,
Compulsory treatment,
Depression,
Diagnostics,
Eclampsia,
Emergency care,
Examination,
Forced treatment,
Incapacity,
Informed choice,
Involuntary treatment,
Mandatory treatment,
Maternal health,
Mental competence,
Non-consensual testing and treatment,
Patient choice,
Pregnancy,
Public hospitals,
Unauthorized treatment
Country:
Hungary Year: 1998
Court: Constitutional Court
Citation: Decision 48/1998 (XI. 23.) AB
Health Topics:
Health information,
Sexual and reproductive health,
Violence Human Rights: Right to a clean environment,
Right to bodily integrity,
Right to life,
Right to privacy Facts: This case concerned the impact of Hungary’s constitutional guarantee of the right to life on its parliament’s ability to pass abortion laws. Petitioners submitted that Hungary’s Act LXXIX/1992 on the Protection of Foetal Life (“the Act”), regarding permissible abortion, was unconstitutional. The Act allowed a pregnant woman to have an abortion if she was “in …Read more
Tags: Abortion,
Abortion counseling,
Abortion technique,
Birth control,
Criminalization,
Health care professionals,
Health care workers,
Maternal health,
Maternal mortality,
Notification,
Pregnancy,
Rape,
Termination of pregnancy,
Unsafe abortion
Country:
Turkey Year: 1998
Court: European Court of Human Rights
Citation: App. No. 23178/94, 25 Eur. H.R. Rep. 251 (1998).
Health Topics:
Child and adolescent health,
Hospitals,
Sexual and reproductive health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial Facts: The applicant was a 17-year old Turkish national of Kurdish origin girl who lived with her parents in a village in south-east Turkey. Since 1985 serious disturbances had raged in this part of the country between the security forces and the members of a Kurdish separatist party. Turkey claimed that these had resulted in the deaths …Read more
Tags: Armed conflict,
Children,
Compensation,
Cruel treatment,
Degrading treatment,
Health care professionals,
Health care workers,
Humiliating treatment,
Military,
Minor,
Pregnancy,
Public hospitals,
Rape,
Sexual assault,
Sexual violence,
Terrorism,
Torture
Country:
South Africa Year: 1998
Court: Constitutional Court
Citation: CCT 11/98
Health Topics:
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Right to privacy Facts: The Applicants were the South African Human Rights Commission and a coalition of 70 organizations representing lesbian, gay, bisexual, and transgender people in South Africa. They brought a constitutional challenge to various statutory provisions in South Africa criminalizing homosexual acts. The Applicants claimed that the statutes in question violated sections 9, 10 and 14 of …Read more
Tags: Buggery,
Gay,
Homosexual,
Lesbian,
LGBTI,
Rape,
Sexual assault,
Sexual orientation,
Sexual violence,
Sodomy
Country:
United Kingdom Year: 1998
Court: Court of Appeal
Citation: [1998] 3 All ER 673, (1998) 2 CHRLD 323
Health Topics:
Hospitals,
Informed consent,
Mental health,
Sexual and reproductive health Human Rights: Right to bodily integrity Facts: S, who was 36 weeks pregnant, was diagnosed with severe pre-eclampsia, a life-threatening condition of pregnancy characterized by high blood pressure, and with moderate depression. She was advised that her health and her life, and that of her baby, were in real danger and that she needed to be admitted immediately to hospital for an induced …Read more
Tags: Caesarian,
Childbirth,
Compulsory treatment,
Depression,
Eclampsia,
Forced treatment,
Health facilities,
Involuntary examination,
Involuntary treatment,
Mandatory commitment,
Maternal health,
Non-consensual testing and treatment,
Patient choice,
Pregnancy,
Unauthorized treatment
Country:
Canada Year: 1997
Court: Federal Court - Court of Appeal
Citation: [1997] 3 F.C. 920
Health Topics:
Health systems and financing,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to family life Facts: Appellant, a federal public servant, filed a complaint with the Canadian Human Rights Commission (“the Commission”) on September 29, 1989 regarding the government’s refusal to provide dental care insurance coverage for her same-sex partner and her partner’s child. She claimed discrimination pursuant to the Canadian Human Rights Act (“the Act”) on the grounds of sex, …Read more
Tags: Gay,
Health insurance,
Homosexual,
Lesbian,
LGBTI,
Sexual orientation
Country:
United Kingdom Year: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] 2 All ER 687; [1997] 2 WLR 806; [1999] Fam 151
Health Topics:
Health care and health services,
Health systems and financing,
Informed consent,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life,
Right to health Facts: Mr. and Mrs. Blood were married and attempting to have a family. Unfortunately, Mr. Blood contracted meningitis and went into a coma prior to any conception, so Mrs. Blood requested that doctors take sperm by electro-ejaculation while Mr. Blood was in the coma. The doctors took two different samples, and Mr. Blood passed away soon …Read more
Tags: Access to health care,
Access to treatment,
Assisted reproductive technology,
Compulsory treatment,
Family planning,
Forced treatment,
Health care technology,
Health regulation,
In utero fertilization,
In vitro fertilization,
Informed choice,
Involuntary treatment,
Mandatory treatment,
Non-consensual testing and treatment,
Patient choice,
Spousal consent,
Unauthorized treatment
Country:
United Kingdom Year: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] EWCA Civ 3093
Health Topics:
Health care and health services,
Informed consent,
Mental health,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to health,
Right to privacy Facts: A health authority applied for a High Court declaration that it would be lawful to undertake an emergency caesarean operation on MB whose foetus was found to be in the breech position after MB agreed to have the operation theoretically but refused in practice due to her fear of needles. The declaration was granted, and …Read more
Tags: Access to health care,
Access to treatment,
Caesarean,
Childbirth,
Emergency care,
Incompetence,
Informed choice,
Involuntary treatment,
Maternal health,
Mental competence,
Non-consensual testing and treatment,
Patient choice,
Pregnancy,
Unauthorized treatment
Country:
United Kingdom Year: 1997
Court: European Court of Human Rights
Citation: App. No. 21830/93, 24 Eur. H.R. Rep. 143 (1997).
Health Topics:
Child and adolescent health,
Health care and health services,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to family life,
Right to privacy Facts: Applicants X, Y and Z were all British nationals. X is a transsexual who has undergone gender reassignment surgery to become a man. He has lived with Y, as her male partner, since 1979. The couple applied jointly for, and was granted treatment by AID to allow Y to have a child Z. X was …Read more
Tags: Assisted reproductive technology,
Childbirth,
Children,
Gender identity,
Gender identity disorder,
Gender reassignment,
Homosexual,
Hormone therapy,
Intersex,
LGBTI,
Minor,
Pregnancy,
Queer,
Sex reassignment,
Sexual orientation,
Transgender,
Transsexual
Country:
Finland Year: 1997
Court: European Court of Human Rights
Citation: App. No. 22009/93, 25 Eur. H.R. Rep. 371 (1997).
Health Topics:
Health information,
HIV/AIDS,
Infectious diseases,
Sexual and reproductive health,
Violence Human Rights: Right to family life,
Right to privacy Facts: The applicant, a Finnish national, had been married to X, who was not a Finnish national, at the time the events occurred. They were both infected with the human immunodeficiency virus (HIV). X was convicted for rape and during the criminal proceedings the court gave orders requiring the applicant’s medical advisers to give evidence. In …Read more
Tags: AIDS,
Confidentiality,
Disclosure,
Health information,
HIV,
HIV positive,
HIV status,
Non-disclosure,
People living with HIV/AIDS,
PLHIV,
Rape,
Sexual abuse,
Sexual assault,
Sexual violence,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Violence against women
Country:
Canada Year: 1997
Court: Supreme Court
Citation: [1997] 3 R.C.S.
Health Topics:
Controlled substances,
Informed consent,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to liberty and security of person Facts: The respondent was five months pregnant with her fourth child and addicted to glue sniffing, which is known to be potentially damaging to the nervous system of a developing fetus. Two of her previous children were born permanently disabled as a result of her addiction and were permanent wards of the state. A judge of …Read more
Tags: Addiction,
Compulsory treatment,
Drug use,
Forced treatment,
Involuntary treatment,
Mandatory treatment,
Maternal health,
People who use drugs,
Pregnancy,
Rehabilitation,
Substance abuse
Country:
Peru Year: 1996
Court: Inter-American Commission on Human Rights
Citation: Martín de Mejía v. Perú, Case 10.970, Report No. 5/96, Inter-Am.C.H.R., OEA/Ser.L/V/II.91 Doc. 7 at 157 (1996).
Health Topics:
Mental health,
Sexual and reproductive health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life,
Right to privacy Facts: A group of armed persons with their faces covered by masks violently entered the home of the Mejías, abducted Mr. Mejías and later returned to the house, apparently to ask Mrs. Mejías for her husband’s identity documents. While she looked for them, one of the men followed her into the room and told her that …Read more
Tags: Assault,
Forced disappearance,
Military,
Rape,
Sexual abuse,
Sexual assault,
Sexual violence,
Terrorism,
Torture
Country:
Australia Year: 1995
Court: Supreme Court of New South Wales
Citation: (1995) 38 NSWLR 47; (1995) Aust Torts Reports 81-360
Health Topics:
Health care and health services,
Hospitals,
Medical malpractice,
Mental health,
Sexual and reproductive health Human Rights: Right to bodily integrity Facts: CES (‘the first appellant’) sought damages from Superclinics (‘respondent’) for the loss of an opportunity to terminate her pregnancy. The first appellant, a 21-year-old woman, visited a doctor at Superclinics after she missed her period. She stated that if she were found to be pregnant, she would like the pregnancy terminated. The doctor did not …Read more
Tags: Abortion,
Abortion counseling,
Childbirth,
Compensation,
Counseling,
Criminalization,
Damages,
Depression,
Diagnostics,
Duty of care,
Examination,
Family planning,
Health care professionals,
Health care workers,
Late-term abortion,
Maternal health,
Misdiagnosis,
Negligence,
Pregnancy,
Remedies,
Termination of pregnancy,
Testing,
Therapeutic abortion,
Tort