Government of the Republic of Namibia v. LM, et al.
Country: NamibiaYear: 2014
Court: Supreme Court
Citation: (SA 49/2012) [2014] NASC 19
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to privacy
Three Namibian women who were all pregnant and HIV-positive were sterilized at State hospitals after giving birth. The women claimed they were sterilized without their informed consent, and that they were sterilized due to their HIV-positive status. The first woman said that her doctor (through her nurse) told her that all HIV-positive women must have …Read more
H v. Fetal Assessment Centre
Country: South AfricaYear: 2014
Court: Constitutional Court of South Africa
Citation: (CCT 74/14) [2014] ZACC 34
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
The mother of the applicant, who was born in 2008 with Down Syndrome instituted a claim on his behalf for damages against the Fetal Assessment Centre. Her son was born in 2008 with Down syndrome. She claimed that the Centre negligently failed to warn her of the high risk that her child would be born …Read more
McCullen v. Coakley
Country: United StatesYear: 2014
Court: Supreme Court
Citation: 573 U.S. __ (2014)
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression
The Commonwealth of Massachusetts amended its Reproductive Health Care Facilities Act (the “Act”), making it a crime to knowingly stand on a “public way or sidewalk” within 35 feet of an entrance or driveway to any abortion clinic. The Act exempted from this prohibition certain individuals, including “employees or agents of such facility acting within the scope …Read more
Csoma v. Romania
Country: RomaniaYear: 2013
Court: European Court of Human Rights
Citation: Application No.8759/05
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
The applicant, Ms. Julia Kinga Csoma, alleged that her gynecologist had committed “grievous unintentional bodily harm and negligence” due to serious medical errors in her treatment. Csoma became pregnant in January 2002. Her pregnancy was monitored by a gynecologist at the town hospital where Csoma worked as a nurse. The fetus was diagnosed with hydrocephalus, …Read more
Mellet v. Ireland
Country: IrelandYear: 2013
Court: Human Rights Committee
Citation: CCPR/C/116/D/2324/2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Health systems and financing, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to health, Right to privacy
The author of the communication stated that she became pregnant in 2011 and in her 21st week, she was informed that the foetus had congenital heart defects. She was further informed that the impairment might prove to be fatal. However the hospital told her that abortion was not possible in the current jurisdiction (Ireland) and …Read more
P. and S. v. Poland
Country: PolandYear: 2013
Court: European Court of Human Rights
Citation: Application No. 57375/08
Health Topics: Health care and health services, Health information, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to liberty and security of person, Right to privacy
The Applicants were a Polish girl who was raped at the age of 14, resulting in pregnancy, and her mother. The applicants alleged that, when they sought an abortion, which is legal under Polish law for pregnancy resulting from rape, hospital staff attempted to dissuade the girl from having an abortion. At one hospital, she …Read more
Re SB
Country: United KingdomYear: 2013
Court: Court of Protection
Citation: [2013] EWHC 1417 (COP)
Health Topics: Hospitals, Informed consent, Medicines, Mental health, Sexual and reproductive health
A pregnant 37-year-old woman diagnosed with bipolar disorder was compulsorily detained under Section 2 of the Mental Health Act 1983. She had been on and off medication for 8 years and had suffered both remissions and relapses, due to which she was detained at various times in Italy, France and in England where she currently …Read more
Voluntary Health Association of Punjab v. Union of India
Country: IndiaYear: 2013
Court: Supreme Court
Citation: Writ Petition (Civil) No. 349 of 2006
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination
The order is about the problem of sex-selective abortion in India. The Court assed the present situation and the various barriers that must be taken into account when States take steps to address this problem by raising awareness of the legal status of the issue. The Parliament has taken steps to prevent sex selective abortion …Read more
Z v. Poland
Country: PolandYear: 2013
Court: European Court of Human Rights
Citation: Application No. 46132/08
Health Topics: Health information, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to life, Right to privacy
The applicant’s pregnant daughter died in 2004 of septic shock at Barlicki Hospital in Poland. The applicant alleged her daughter’s death was caused by negligence and filed claims under the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”) for violation of her daughter’s rights to life under Article 2, to freedom from …Read more
Case T-627/12
Country: ColombiaYear: 2012
Court: Constitutional Court [Corte Constitucional]
Citation: No. T-627/12
Health Topics: Health information, Medicines, Sexual and reproductive health
Human Rights: Right of access to information, Right to health
The plaintiffs, 1200 women filing a joint tutela, seek constitutional protection against false information being spread by the Attorney General of Colombia regarding emergency contraception. The Attorney General stated that emergency contraceptive that contained Levonorgestrel was an abortificant as the contraceptive can prevent implantation of a fertilized egg on to the walls of the uterus. …Read more