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189 judgments found.


NS (Afghan women) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2004
Court: Immigration Appeal Tribunal
Citation: [2004] UKIAT 00328
Health Topics: Health care and health services, Mental health, Poverty, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life
Facts:

An Afghani woman (appellant) seeks asylum in the United Kingdom. The Appellant and her husband lived and worked in Kabul, Afghanistan with their three young children. After war broke out in 1992 and the destruction of the family home, the Appellant and her family left Kabul and moved to Takhar, a town in northern Afghanistan …Read more

Tags: Access to health care, Access to treatment, Assault, Asylum, Indigent, Low income, Mental illness, Poor, Rape, Refugees, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Suicide, Violence against women
Download Judgment: English

Secretary of State for the Home Department v. UK

Country: United Kingdom
Year: 2004
Court: Immigration Appeal Tribunal
Citation: [2004] UKIAT 00262
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to health, Right to privacy
Facts:

This case concerns an adjudicator’s review of the deportability of a Rwandan national infected with HIV in the UK. The claimant was a Rwandan, who in June 2001 was raped by soldiers in her home and took her husband. The incident arose out of the 1994 Rwandan genocide, in which her husband was a member of …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, HIV, HIV positive, Immigration, Mental illness, Migrants, Military, Militias, People living with HIV/AIDS, PLHIV, Rape, Refugees, Sexual assault
Download Judgment: English

AB and Ors. v. Leeds Teaching Hospital NHS Trust

Country: United Kingdom
Year: 2004
Court: High Court of Justice, Queen's Bench Division
Citation: [2004] EWHC 644 (QB), [2005] Lloyds Rep Med 1, [2004] 2 FLR 365, [2005] 2 WLR 358, [2004] Fam Law 501, [2005] QB 506, [2004] 3 FCR 324, [2005] Lloyd's Rep Med 1, (2004) 77 BMLR 145
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity, Right to family life
Facts:

In 1999, it was disclosed that for many years tissue and organs had been taken at or after post-mortems on deceased children, which were retained without the knowledge of the parents. Hospital post-mortem examinations were generally carried out following the death of a person in a hospital, provided, in accordance with the Human Tissue Act …Read more

Tags: Awareness, Childbirth, Depression, Diagnostics, Disclosure, Duty of care, Examination, Family planning, Health care professionals, Health care workers, Health facilities, Informed choice, Mental disorder, Miscarriage, Negligence, Non-disclosure, Notification, Parental consent, Patient choice, Pregnancy, Public hospitals, Testing, Tort, Trauma
Download Judgment: English

Sanchez Villalobos, Ana Victoria and Others v. Costa Rica

Country: Costa Rica
Year: 2004
Court: Inter-American Commission on Human Rights
Citation: Sanchez Villalobos v. Costa Rica, Case 12.361, Inter-Am. Comm’n H.R., Report No. 25/04, OEA/Ser.L/V/II.122, doc. 5 rev. 1 (2004).
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to health, Right to life, Right to privacy
Facts:

Petitioner, a man seeking treatment for infertility, alleges on behalf of others seeking treatment that the Government of Costa Rica’s prohibition on access to in vitro fertilization, one of the treatments available, constitutes violations of Articles 1, 2, 4, 5, 8, 11(2), 17, 24, 25, 26 and 32 of the American Convention on Human Rights, …Read more

Tags: Access to treatment, Assisted reproductive technology, Family planning, Fertility, Health care technology, In utero fertilization, In vitro fertilization, Infertility, Pregnancy
Download Judgment: English Spanish

Glass v. The United Kingdom

Country: United Kingdom
Year: 2004
Court: European Court of Human Rights
Citation: Glass v. U.K., App. No. 61827/00, 39 Eur. H.R. Rep. 15 (2004).
Health Topics: Child and adolescent health, Disabilities, Health systems and financing, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to family life, Right to privacy
Facts:

Applicants, a severely handicapped child and his mother (and legal proxy) Ms. Glass, claimed an Article 8 violation (right to respect for private life) when Ms. Glass’ objection to a course of medical treatment was overruled by the medical staff. As a legal proxy, the mother gave authorization to the doctors at St Mary’s Hospital …Read more

Tags: Children, Disabled, Emergency care, Handicapped, Informed choice, Mental competence, Mental disability, Minor, Non-consensual testing and treatment, Patient choice, Pediatric health, Physically challenged
Download Judgment: English Slovenian

Case 358-2004

Country: Mexico
Year: 2004
Court: Supreme Court of Justice of the State of Michoacán [Supremo Tribunal de Justicia del Estado de Michoacán]
Citation: No. 358/2004, appeal of criminal process 257/2003
Health Topics: Child and adolescent health, Mental health, Poverty, Sexual and reproductive health, Violence
Human Rights: Right to family life, Right to life
Facts:

O.M. is a Mexican woman who left her newborn son in a garbage can in the municipal headquarters of Santa Clara del Cobre after having given labor in the public restrooms. The woman placed toilet paper on the newborn child’s mouth cavity and nostrils to prevent others from hearing the newborn child cry, cut his …Read more

Tags: Child mortality, Childbirth, Family planning, Incapacity, Incompetence, Indigenous groups, Infant mortality, Insanity, Low income, Poor, Pregnancy, Psychology, Rape, Sexual assault, Sexual violence, Underprivileged, Viability
Download Judgment: English Spanish

Democratic Republic of the Congo v. Burundi, Rwanda and Uganda

Country: Burundi, Congo, DRC, Rwanda, Uganda
Year: 2003
Court: African Commission on Human and Peoples' Rights
Citation: (2004) AHRLR 19 (ACHPR 2003); Communication 227/99
Health Topics: Child and adolescent health, Disasters and emergencies, Health care and health services, HIV/AIDS, Hospitals, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to family life, Right to health, Right to life, Right to property
Facts:

The Democratic Republic of Congo initiated proceedings before the African Commission on Human and Peoples’ Rights, alleging that the respondent countries (Burundi, Rwanda, and Uganda) committed various human rights violations. The Democratic Republic of Congo alleged that the respondent countries committed multiple massacres against people of the Democratic Republic of Congo including attacking Inga hydroelectric …Read more

Tags: AIDS, Armed conflict, Assault, Children, Execution, Forced displacement, HIV, HIV positive, Manmade disaster, Military, Militias, Public hospitals, Rape, Sexual assault, Sexual violence, Transmission, Violence against women
Download Judgment: English

Khokhlich v. Ukraine

Country: Ukraine
Year: 2003
Court: European Court of Human Rights
Citation: Application No. 41707/98
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to health, Right to privacy
Facts:

Applicant Mykola Khokhlich, a death row inmate at Khmelnitskuy Prison, alleged that conditions at the prison amounted to inhuman and degrading treatment. The applicant had been convicted of murder in February of 1996 and sentenced to execution; his sentence was later commuted to be life imprisonment. The applicant was diagnosed with tuberculosis in September 1997, …Read more

Tags: Access to health care, Access to treatment, Cleanliness, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Sewage, TB, Tuberculosis
Download Judgment: English

Rees v. Darlington Memorial NHS Trust

Country: United Kingdom
Year: 2003
Court: House of Lords
Citation: [2003] UKHL 52
Health Topics: Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life
Facts:

After conceiving as a result of a failed sterilization surgery, Karina Rees filed a claim of negligence against the Darlington Memorial NHS Trust (the Trust) to recover the costs of rearing her child. Mrs. Rees suffered from a genetic condition that had left her almost completely blind. She believed that her disability meant that raising …Read more

Tags: Disabled, Duty of care, Family planning, Handicapped, Inadequate treatment, Inappropriate treatment, Negligence, Physically challenged, Sterilization, Tort
Download Judgment: English

Ali Aqsar Bakhtiyari & Roqaiha Bakhtiyari v. Australia

Country: Australia
Year: 2003
Court: United Nations Human Rights Committee
Citation: U.N. Doc. CCPR/C/ 79/D/1069/2002 (Nov. 6, 2003).
Health Topics: Child and adolescent health, Mental health
Human Rights: Freedom from discrimination, Right to family life, Right to liberty and security of person
Facts:

The Bakhtiyaris, Afghani nationals, had illegally entered Australia and had been detained in a detention center. Two of the children were released into the hands of Adelaide caretakers where they remained. The Bakhtiyari family subsequently filed a complaint that their prolonged detention violated article 9 (1) (right to liberty and security of person) of the …Read more

Tags: Child development, Children, Depression, Detention, Law enforcement, Mental disorder, Mental illness, Minor
Download Judgment: English

K.A. v. Finland

Country: Finland
Year: 2003
Court: European Court of Human Rights
Citation: App. No. 27751/95, Eur. Ct. H.R. 27 (2003).
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Mental health, Tobacco
Human Rights: Right of access to information, Right to family life, Right to privacy
Facts:

The applicant, a father of three young children, claimed a violation of his right to respect for his private and family life and home under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Convention), when Finnish authorities placed his children in public care in response to allegations of …Read more

Tags: Addiction, Child development, Children, Liquor, Mental disorder, Mental illness, Minor, Molestation, Sexual abuse, Substance abuse
Download Judgment: English

Kyrtatos v. Greece

Country: Greece
Year: 2003
Court: European Court of Human Rights
Citation: Kyrtatos v. Greece, App. No. 41666/98, 40 Eur. H.R. Rep. 16 (2005).
Health Topics: Environmental health
Human Rights: Right to due process/fair trial, Right to family life, Right to privacy
Facts:

First and second applicants, both Greek nationals, were mother and son, respectively. They owned real property that included a swamp by the coast in Ayios Yiannis. During their ownership, the prefect of Cyclades redrew the boundaries of Ayios Yiannis on the basis of which the town-planning authority of Syros issued building permits for the area …Read more

Tags: Environmental degradation
Download Judgment: English

Liga de Amas de Casa, Consumidores y Usuarios de la República Argentina et al. v. GCBA

Country: Argentina
Year: 2003
Court: Superior Court of Justice of the Autonomous City of Buenos Aires [Tribunal Superior de Justicia de la Ciudad Autónoma de Buenos Aires]
Citation: Expte. nº 480/00
Health Topics: Child and adolescent health, Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Right of access to information, Right to family life, Right to life
Facts:

The League of Housewives, Consumers and Users of Argentina [Liga de Amas de Casa, Consumidores y Usuarios de la República Argentina] requested that judiciary declare that articles 5 and 7 of Act 418 and its amendment 439 of the City of Buenos Aires were contrary to the National Constitution. The Plaintiff alleged that under the …Read more

Tags: Abortion, AIDS, Awareness, Birth control, Condoms, Contraception, Contraceptives, Family planning, Health education, Health promotion, HIV, Parental consent, Pregnancy
Download Judgment: Spanish

Javed and Ors v. State Of Haryana and Ors

Country: India
Year: 2003
Court: Supreme Court
Citation: AIR 2003 SC 3057, 2003 (4) AWC 2920 SC, 2003 (3) CTC 620
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of religion, Right to family life, Right to participation
Facts:

This case is a writ position challenging the constitutionality of a law that prohibits anyone with more than two living children from holding certain public offices in the Panchayat raj local government system of the state of Haryana. Note that the Panchayat raj system is the traditional local government system of areas in the Indian …Read more

Tags: Childbirth, Family planning
Download Judgment: English

Aliev v. Ukraine

Country: Ukraine
Year: 2003
Court: The European Court of Human Rights
Citation: Application No. 41220/98
Health Topics: Diet and nutrition, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life
Facts:

The applicant was arrested and detained in Krasnodar, Russia and was transferred to a detention facility. The applicant was convicted of conspiring and carrying out organized crime, aiding and abetting and attempting murder. He was sentence to death by the Criminal Division of the Supreme Court. On the same day he was moved to cells …Read more

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Examination, Execution, Humiliating treatment, Imprisonment, Inhuman treatment, Inmate, Jail, Prison conditions, Solitary confinement
Download Judgment: English

Boso v. Italy

Country: Italy
Year: 2002
Court: European Court of Human Rights
Citation: App. No. 50490/99, Eur. Ct. H.R. 846 (2002).
Health Topics: Health care and health services, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to life, Right to privacy
Facts:

The applicant, an Italian national, claimed violations under Articles 2 (right to life), 8 (respect for private and family life) and 12 (right to marry and family) of the European Convention on Human Rights (the Convention) after his wife obtained a legal abortion without his consent. Prior to bringing an action in the European Court of …Read more

Tags: Abortion, Access to health care, Access to treatment, Childbirth, Family planning, Pregnancy, Spousal consent, Spousal notification, Termination of pregnancy
Download Judgment: English French

Goodwin v. United Kingdom

Country: United Kingdom
Year: 2002
Court: European Court of Human Rights
Citation: App. No. 28957/95, 35 Eur. H.R. Rep. 18 (2002).
Health Topics: Health care and health services, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Facts:

The applicant, a United Kingdom citizen had always enjoyed dressing as a woman since her young age and had the impression that her body did not fit her mind. Thus she started treatment with a psychiatrist and underwent gender re-assignment surgery. After the procedure, she experienced problems at work such as harassment allegedly because of …Read more

Tags: Gender identity, Gender identity disorder, Gender reassignment, LGBTI, Queer, Sex reassignment, Sexual orientation, Transgender, Transsexual
Download Judgment: English French Serbian

Lavents v. Latvia

Country: Latvia
Year: 2002
Court: European Court of Human Rights
Citation: Application No. 58442/00 (November 28, 2002)
Health Topics: Prisons
Human Rights: Right to due process/fair trial, Right to family life, Right to liberty and security of person
Facts:

L, who was a Latvian national, was the former chairman of the supervisory board of Latvia’s largest bank. The bank went into liquidation, causing severe damage to the national economy and the financial ruin of many. L was suspected of the offence of sabotage for having authorized the transfer of approximately 139 million euros, more …Read more

Tags: Detainee, Detention, Prison conditions
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P, C, & S v. United Kingdom

Country: United Kingdom
Year: 2002
Court: European Court of Human Rights
Citation: Application No. 56547/00
Health Topics: Child and adolescent health, Mental health
Human Rights: Right to due process/fair trial, Right to family life
Facts:

P was a U.S. citizen and C was her British husband. Their daughter, S, was born in 1998 in the UK. In 1985, P had given birth to a son B in the US. In 1994, the California authorities took B into protective custody, alleging that P was harming B by administering laxatives to him …Read more

Tags: Child development, Children, Infant health, Mental competence, Mental disorder, Mental illness, Psychiatry
Download Judgment: English

Ganter v. Whalland

Country: Australia
Year: 2001
Court: Supreme Court of New South Wales
Citation: (2001) 54 NSWLR 122; (2001) 28 Fam LR 260; [2001] NSWSC 1101
Health Topics: Sexual and reproductive health
Human Rights: Right to family life, Right to property
Facts:

Ms. Ganter had had her eggs removed, fertilized with semen from Mr. Whalland (her partner of eight years, with whom she was in a de facto relationship) and frozen, in accordance with an agreement (the “Agreement”) made between Ms. Gantar, Mr. Whalland and the fertilization company. After Ms. Gantar and Mr. Whalland separated, Ms. Gantar …Read more

Tags: Assisted reproductive technology, Family planning, In utero fertilization, In vitro fertilization, Infertility
Download Judgment: English

K. and T. v. Finland

Country: Finland
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 25702/94; (2003) 36 EHRR 18; [2000] ECHR 173
Health Topics: Child and adolescent health, Hospitals, Mental health
Human Rights: Right to family life
Facts:

Applicants were two Finnish Nationals, a mother (K.) and her cohabitant (T.). K., a diagnosed schizophrenic, had a history of hospitalization. At the time K. and T. began cohabitating in 1991, K.’s daughter (P.) and son (M.) were living with her. The children had different fathers, neither of whom was T. In 1992, custody of …Read more

Tags: Child development, Children, Compulsory commitment, Health facilities, Incapacity, Incompetence, Infant health, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Minor, Pediatric health, Psychiatry, Psychology, Schizophrenia
Download Judgment: English Albanian French

Cyprus v. Turkey

Country: Turkey
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 25781/94; (2002) 35 EHRR 30; [2001] ECHR 327
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Freedom of religion, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy, Right to property, Rights to the benefits of culture
Facts:

Cyprus lodged an application against Turkey for alleged violations of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) which occurred during and after the Turkish military operations in Cyprus in 1974 and the subsequent 1983 establishment of the “Turkish Republic of Northern Cyprus” (“TRNC”). Cyprus alleged that Turkey was responsible …Read more

Tags: Access to health care, Cruel treatment, Degrading treatment, Execution, Humiliating treatment, Immigration, Inhuman treatment, Migrants
Download Judgment: English Albanian French Turkish

Bensaid v. United Kingdom

Country: United Kingdom
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 44599/98; (2001) 33 EHRR 10; [2001] ECHR 82; [2001] MHLR 287; [2001] INLR 325; 11 BHRC 297
Health Topics: Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life
Facts:

Bensaid brought an action against the United Kingdom as a result of a proposed deportation order to Algeria. Bensaid was a schizophrenic suffering from a psychotic illness. He had arrived in the United Kingdom from Algeria in 1989 and had been granted indefinite leave to remain after marrying a United Kingdom citizen. This leave lapsed …Read more

Tags: Asylum, Cruel treatment, Degrading treatment, Immigration, Imprisonment, Incarceration, Inhuman treatment, Mental disorder, Mental illness, Migrants, Paranoia, Psychiatry, Psychology, Refugees, Schizophrenia
Download Judgment: English French

Frank Cowl and Ors. v. Plymouth City Council

Country: United Kingdom
Year: 2001
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2001] EWCA Civ 1935
Health Topics: Aging
Human Rights: Right to due process/fair trial, Right to family life, Right to housing, Right to privacy
Facts:

Residents of a residential elderly care facility sought judicial review of a decision to close the facility. Plymouth City Council (“Plymouth”), the owner and operator of several residential elderly care facilities, decided to close two of its facilities, including Granby Way, the home of the eight claimants. The claimants sought judicial review of Plymouth’s decision. …Read more

Tags: Aged persons, Elderly, Forced displacement, Long-term care, Nursing home, Older persons, Senior citizens
Download Judgment: English

Hatton and Ors. v. United Kingdom

Country: United Kingdom
Year: 2001
Court: European Court of Human Rights
Citation: App. No. 36022/97, 34 Eur. H.R. Rep. 1 (2002).
Health Topics: Child and adolescent health, Environmental health
Human Rights: Right to family life, Right to health, Right to privacy
Facts:

Eight applicants, all British citizens, lived on properties in the areas surrounding Heathrow Airport. They complained that United Kingdom’s “noise quota” policy introduced in 1993 allowing for increased flights and levels of noise at night and especially in the early morning interfered with their rights pursuant to Article 8 (right to respect for his or …Read more

Tags: Child development, Children, Minor, Pediatric health, Pollution
Download Judgment: English Albanian French

Case 198546

Country: France
Year: 2001
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°198546, 26 October 2001
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life
Facts:

The plaintiff’s husband was hospitalized due to severe renal failure. Conscious of his severe state of health, the husband wrote a statement ten days later stating that, as a Jehovah’s Witness, he refused to get any blood products or transfusions, even if there were essential to his survival. The doctors gave him a blood transfusion …Read more

Tags: Awareness, Clinical trials, Emergency care, Forced treatment, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Notification, Patient choice, Public hospitals, Tort, Unauthorized treatment
Download Judgment: English French

Malawi African Association, et al. v. Mauritania

Country: Mauritania
Year: 2000
Court: African Commission on Human and Peoples' Rights
Citation: (2000) AHRLR 149 (ACHPR 2000); Communications 54/91, 61/91, 98/93, 164-196/97 and 210/98
Health Topics: Diet and nutrition, Disasters and emergencies, Health care and health services, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to due process/fair trial, Right to family life, Right to favorable working conditions, Right to food, Right to health, Right to liberty and security of person, Right to life, Right to property, Right to work, Rights to the benefits of culture
Facts:

Six communications jointly alleged that the Mauritanian state committed numerous human rights violations from 1986 to 1992. Specifically, the communications alleged that the State violated articles 2, 4, 5, 6, 7, 9, 10, 11, 12, 14, 16, 18, 19, and 26 of the African Charter on Human and Peoples’ Rights (“the Charter”), which came into …Read more

Tags: Abuse, Access to health care, Armed conflict, Cleanliness, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Forced displacement, Humanitarian crisis, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Malnutrition, Military, Prison conditions, Rape, Refugees, Solitary confinement, Starvation, Torture
Download Judgment: English

Elsholz v. Germany

Country: Germany
Year: 2000
Court: European Court of Human Rights
Citation: App. No. 25735/94, Eur. Ct. H.R. 371 (2000).
Health Topics: Child and adolescent health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to privacy
Facts:

The applicant, a German national was the acknowledged and supporting father of the child, C., born out of wedlock. Five years later the mother refused visits by applicant to his son and mediation attempts failed. The applicant unsuccessfully filed an application to the Mettmann District Court (Amtsgericht) for an order granting him a right of …Read more

Tags: Child development, Children, Minor
Download Judgment: English German

Salguiero Da Silva Mouta v. Portugal

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
Download Judgment: English

Midwa v. Midwa

Country: Kenya
Year: 2000
Court: Court of Appeal at Nairobi
Citation: (2003) AHRLR 189 (KeCA 2000)
Health Topics: HIV/AIDS
Human Rights: Right to family life, Right to property
Facts:

The parties were husband and wife married under the African Christian Marriage and Divorce Act. They had two sons, ages seven and ten. In 2000, the husband petitioned for divorce on the grounds of cruelty, claiming that the wife, having tested HIV positive, was endangering his life. The superior court ordered that the wife be …Read more

Tags: HIV, HIV positive, People living with HIV/AIDS, PLHIV
Download Judgment: English