Case 37/1989
Country: SpainYear: 1989
Court: Supreme Court
Citation: Spanish Constitutional Court Courtroom 1st, S 15-2-1989, No.37/1989, Spanish Official Bulletin 52/1989, March 2, 1989, rec 235/1989
Health Topics: Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
On November 5 1986, the Court of First Instance and Preliminary Investigations No. 10 of Malaga ordered the search of a medical clinic where criminal actions (specifically, the administration of abortions) were allegedly taking place. In so doing, information regarding the medical history of Ms. Ximena’s (the appellant) was recorded. On November 21, 1986, the …Read more
Webster v. Reproductive Health Services
Country: United StatesYear: 1989
Court: Supreme Court
Citation: 492 U.S. 490 (1989)
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Reproductive Health Services (RHS), a non-profit organization, brought this class action suit challenging the constitutionality of a Missouri law (the Act) regulating the performance of abortions. The Act did the following: Set forth, in the preamble, that the “life of each human being begins at conception,” and that “unborn children have protectable interests in life, …Read more
R. v. Morgentaler
Country: CanadaYear: 1988
Court: Supreme Court
Citation: [1988] 1 S.C.R. 30
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to liberty and security of person, Right to life
Section 251(4) of the Criminal Code of Canada (the Code) permitted abortions to be performed only at accredited hospitals and then with approval from the performing hospital’s therapeutic abortion committee. Drs. Morgentaler, Smoling, and Scott had together established an abortion clinic in Toronto to perform abortions not approved by a therapeutic abortion committee. Following public …Read more
Thornburgh v. American College of Obstetricians and Gynecologists
Country: United StatesYear: 1986
Court: Supreme Court
Citation: 476 U.S. 747 (1986)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Respondents, including Pennsylvania physicians, abortion counselors and providers, brought this challenge to provisions of Pennsylvania’s Abortion Control Act 1982 (the Act). The Act imposed the following conditions on the provision of abortion services in Pennsylvania: 1. The informed consent provision (§ 3205) required women to be informed of: The name of the physician performing the …Read more
Gillick v. West Norfolk and Wisbech Area Health Authority and Anr.
Country: United KingdomYear: 1985
Court: House of Lords
Citation: [1985] 3 All ER 402
Health Topics: Child and adolescent health, Health care and health services, Health information, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
The Department of Health and Social Security (DHSS) issued a memorandum of guidance to local health authorities that stated that, inter alia, “consultations between doctors and patients are confidential,” even for children less than 16. The memorandum noted that while “it would be most unusual,” a doctor could advise the child regarding contraception without parental …Read more
H.L. v. Matheson
Country: United StatesYear: 1981
Court: Supreme Court
Citation: 450 U.S. 398 (1981)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
The Appellant, H.L., brought this class action suit challenging a Utah law which required a physician to notify, if possible, the parents or guardian of a minor upon whom an abortion was to be performed. H.L. represented a class consisting of unmarried minor women who wished to terminate their “unwanted pregnancies” but were unable to …Read more
Simopoulos v. Virginia
Country: United StatesYear: 1981
Court: Supreme Court
Citation: 462 U.S. 506 (1983)
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
The Appellant, an obstetrician gynaecologist, brought suit challenging the constitutionality of a Virginia statute, which required second-trimester abortions to be performed in a licensed hospital. The Appellant instituted these proceedings after he was indicted for unlawfully performing an abortion during the second trimester of a pregnancy outside of a licensed hospital. The Appellant performed an …Read more
White and Potter (Baby Boy) v. United States
Country: United StatesYear: 1981
Court: Inter-American Commission on Human Rights
Citation: Resolution 23/81, Case 2141, March 6, 1981; OEA/Ser.L/V/II.54, Doc. 9 rev. 1, 16 October 1981
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person, Right to life
The President of the Catholics for Christian Political Action and another filed a claim against the United States and the Commonwealth of Massachusetts claiming they failed to fulfill their obligations under the American Declaration of the Rights and Duties of Man (the Declaration) and American Convention on Human Rights (the Convention) (the United States has …Read more
Harris v. McRae
Country: United StatesYear: 1980
Court: Supreme Court
Citation: 448 U.S. 297 (1980)
Health Topics: Health care and health services, Health systems and financing, Poverty, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy, Right to social security
The Respondent, McRae, a Medicaid recipient seeking an abortion, brought a class action suit challenging the constitutional validity of the ‘Hyde Amendment’, which prohibited federal reimbursement under the Medicaid system for some abortions which were medically necessary. As established by an amendment to Title XIX of the Social Security Act in 1965, the Medicaid system …Read more
Paton v. United Kingdom
Country: United KingdomYear: 1980
Court: European Commission on Human Rights
Citation: App. No. 8416/78, 3 Eur. H.R. Rep. 408 (1980)
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Freedom of religion, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
The applicant claimed that English law violated provisions of the European Convention on Human Rights (Convention), after he found out that his wife was pregnant and planned to have a legal abortion without his consent. Specifically, the applicant claimed that England and Wales violated the right to life and the right to liberty and security …Read more