Costa and Pavan v. Italy
Country: ItalyYear: 2012
Court: European Court of Human Rights
Citation: Application No. 54270/10
Health Topics: Chronic and noncommunicable diseases, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Following the birth of their first child, the applicants, Costa and Pavan, discovered that they were carriers of cystic fibrosis, a genetic disease. Their child was born with the disease. A prenatal test confirmed that their second child was also affected by cystic fibrosis. They decided to terminate the pregnancy on medical grounds. The applicants …Read more
F., A. L. s/ Medida Autosatisfactiva
Country: ArgentinaYear: 2012
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Expte. Nº 21.912-F-2010
Health Topics: Child and adolescent health, Hospitals, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to family life, Right to health
A fifteen-year old teenager became pregnant as a result of being sexually abused by her stepfather. In the eight week of pregnancy, through her legal representative, she asked the judiciary to order doctors of a public hospital to perform her abortion. She based her claim on article 86. 2 of the National Criminal Code (the “Criminal …Read more
Pro Familia Asociación Civil v. Gobierno Ciudad Autónoma de Buenos Aires et al.
Country: ArgentinaYear: 2012
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 783. XLVIII.
Health Topics: Hospitals, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to liberty and security of person, Right to privacy
The plaintiff filed a suit to the First Instance Contentious Administrative and Tributary Court of the City Buenos Aires [Juzgado N° 14 Contencioso Administrativo y Tributario de la Ciudad Autónoma de Buenos Aires] against the City of Buenos Aires [Ciudad Autónoma de Buenos Aires] to obliged them to declare the nullity of the Resolution N° 1174 MSGC-07 …Read more
Right to Life New Zealand Inc. v. Abortion Supervisory Committee
Country: New ZealandYear: 2012
Court: Supreme Court
Citation: [2012] NZSC 68
Health Topics: Health care and health services, Health information, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Right to privacy
This case is an appeal from the Court of Appeal’s decision of [2011] NZCA 246. Under the Contraception, Sterlisation and Abortion Act 1997 (the Act), a woman in New Zealand is eligible for an abortion if two certifying consultants agree the pregnancy will seriously harm that woman’s physical or mental health. The Abortion Supervisory Committee (the …Read more
Sandesh Bansal v. Union of India and others
Country: IndiaYear: 2012
Court: High Court - Madhya Pradesh
Citation: Writ Petition No. 9061/2008
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medicines, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to life
The petitioner is a social activist that works on raising concern over the high maternal mortality in the Indian state of Madhya Pradesh. The petitioner alleged that the state’s program to reduce the maternal mortality rate (MMR) had failed to be implemented effectively in Madhya Pradesh. The petitioner had filed this petition, alleging that about …Read more
Case 212 K/Pid.Sus/2011/PN.Pso
Country: IndonesiaYear: 2011
Court: Poso District Court
Health Topics: Sexual and reproductive health
The Defendant, Rahima S. Borahima, a doctor, had been approached by Ismawati Lakadjo on 16 April 2011, who requested that the Defendant help her abort her pregnancy. Lakadjo was 20-22 weeks pregnant, and was not yet married to her boyfriend because they were waiting until they had enough money. Lakadjo testified that she had been …Read more
L.C. v. Peru
Country: PeruYear: 2011
Court: Committee on the Elimination of Discrimination against Women
Citation: L.C. v. Peru, CEDAW, U.N. Doc. CEDAW/C/50/D/22/2009 (2011).
Health Topics: Health care and health services, Health systems and financing, Mental health, Poverty, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy
A minor child, L.C., began to be sexually abused at the age of 11 years by a 34-year-old man. Two years later, L.C. became pregnant, and in response, attempted suicide by jumping from a building. L.C. survived her suicide attempt, and she was taken to a public hospital where she was diagnosed with a series …Read more
R.R. v. Poland
Country: PolandYear: 2011
Court: European Court of Human Rights
Citation: App. No. 27617/04, Eur. Ct. H.R. Rep. 648 (2011).
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to privacy
The applicant Ms. R.R., a Polish citizen, brought an action against the then Malopolska Regional Medical Insurance Fund and Dr. S.B. for failure to perform timely prenatal examinations and allow her the possibility of deciding whether to terminate her pregnancy with the conditions provided by law for the malformation of her child (Turner syndrome). The …Read more
R.R. v. Poland
Country: PolandYear: 2011
Court: European Court of Human Rights
Citation: Application No. 27617/04
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to privacy
This case concerned access to timely prenatal examinations in order to make an informed decision whether or not to continue with a pregnancy. During her eighteenth week of pregnancy, RR’s doctor told her that her fetus might be affected by a malformation. RR informed her doctor that if further tests confirmed the malformation, she would …Read more
T. P. F. (represented by the Centre for Reproductive Rights and the Centre for the Promotion and Protection of Sexual and Reproductive Rights) v. Peru
Country: PeruYear: 2011
Court: Committee on the Elimination of Discrimination against Women
Citation: Communication No. 22/2009
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to life
This claim was brought on behalf of the injured by her mother, who asserted that the failure of the Peruvian health system to ensure access to essential services for women, in this case therapeutic abortion, compromises its obligations under the Convention on the Elimination of All Forms of Discrimination against Women, entered into force in …Read more