Case T-171/07
Country: ColombiaYear: 2007
Court: Constitutional Court
Citation: Corte Constitucional [C.C] [Constitutional Court], Sala Tercera de Revisión, Marzo 9, 2007, MP.: Jaime Córdoba Triviño, Sentencia T-171/07.
Health Topics: Health care and health services, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to liberty and security of person
The petitioner brought an tutela action (appeal for legal protection) against SALUDVIDA E.P.S., a health insurance company, for violation of her right to surgical abortion, seeking legal protection of her right to psychological and physical integrity and permission to have an abortion. The petitioner claimed that during the fifth month of her pregnancy, her fetus had …Read more
Gonzales v. Carhart
Country: United StatesYear: 2007
Court: Supreme Court
Citation: 550 U.S. 124 (2007)
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The Respondents, doctors who performed second-trimester abortions, brought suit challenging the constitutionality of the federal Partial Birth Abortion Ban Act of 2003 (the Act). The Act banned second trimester abortions using the “intact Dilation & Extraction” (intact D&E) method in which the doctor removed the fetus intact, or largely intact, rather than breaking the fetus …Read more
Ramírez Jacinto, et al. v. Mexico
Country: MexicoYear: 2007
Court: Inter-American Commission on Human Rights
Citation: Ramírez Jacinto v. Mex., Case 161/02, Inter-Am. Comm’n H.R., Report No. 21/07, OEA/Ser.L/V/II.130, doc. 22, rev. 1 (2007).
Health Topics: Child and adolescent health, Health care and health services, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of religion, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to liberty and security of person, Right to privacy
Paulina del Carmen Ramírez Jacinto, a minor child, filed a complaint against the United Mexican States for violating her human rights of when she allegedly became pregnant as a result of a rape when she was fourteen years old and was prevented by the state authorities from exercising her right to terminate that pregnancy as …Read more
Tysiąc v. Poland
Country: PolandYear: 2007
Court: European Court of Human Rights
Citation: App. No. 5410/03, 45 Eur. H.R. Rep. 42 (2007).
Health Topics: Disabilities, Health care and health services, Health information, Medical malpractice, 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 due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy
Applicant alleged a violation of Article 8 (right to respect for private and family life) of the Convention when she had been refused a therapeutic abortion considered legal under the Family Planning Act of Poland–when the pregnancy is thought to endanger the mother’s life, as was the case here. Applicant suffered from severe myopia and …Read more
Association pour l’acces a l’avortement v. Quebec (Procureur general)
Country: CanadaYear: 2006
Court: Cour Supérieure du Québec (Quebec Superior Court)
Citation: 2006 Q.C.C.S. 4694
Health Topics: Health systems and financing, Hospitals, Sexual and reproductive health
This case is a class action against the Quebec government aimed at obtaining a reimbursement for voluntary terminations of pregnancy services obtained in private clinics. After the 1988 landmark case of R v Morgentaler found a right to elective abortion, the Ministry of Health had been slow in developing ministerial guidance on family planning. At …Read more
Case C-355/06
Country: ColombiaYear: 2006
Court: Corte Constitucional [Constitutional Court]
Citation: Sentencia C-355/06
Health Topics: Child and adolescent health, 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 bodily integrity, Right to development, Right to health, Right to liberty and security of person, Right to life
Women petitioners brought a tutela action (appeal for legal protection) requesting that the Court declare unconstitutional particular provisions of the Penal Code (Articles 122 (criminalized abortion), 123 (criminalized abortion without consent), and 124 (mitigating circumstances)) that criminalized abortion, claiming that, first, the doctrine of res judicata did not apply to them with regards to previous decisions …Read more
Doctors for Life International v. Speaker of the National Assembly, et al.
Country: South AfricaYear: 2006
Court: Constitutional Court
Citation: [2006] ZACC 11; 2006 (12) BCLR 1399 (CC); 2006 (6) SA 416 (CC)
Health Topics: Sexual and reproductive health
The applicant challenged the validity of four draft bills relating to health rights. One bill allowed registered nurses to perform abortions at certain public and private facilities. The applicant alleged that the National Council of Provinces (NCOP) and the provincial legislatures failed to fulfill their respective obligations under sections 72(1)(a) and 118(1)(a) of the Constitution …Read more
James Demers v. Canada
Country: CanadaYear: 2006
Court: Inter-American Commission on Human Rights
Citation: Report No. 85/06, Petition P-225-04, October 21, 2006; OEA/Ser.L/V/II.127, Doc. 4 rev. 1, 3 March 2007
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of association, Freedom of expression, Right to life
This report addresses the admissibility of a petition that alleged Canada failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration), including protection of the right to life, the right of special protection of women during pregnancy and the freedom of expression and dissemination of ideas. Anti-abortion …Read more
R (on the application of Axon) v. Secretary of State for Health and Anr.
Country: United KingdomYear: 2006
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2006] EWHC 37 (Admin)
Health Topics: Child and adolescent health, Health care and health services, Health information, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom of expression, Right of access to information, Right to family life, Right to privacy
The Applicant, Sue Axon, alleged that the Family Planning Association violated the rights of parents under article 8 of the European Convention on Human Rights (ECHR) (right to respect for private and family life). The Association provided confidential advice and treatment regarding contraception, sexually transmitted infections and abortion to persons under the age of sixteen …Read more
Royal Women’s Hospital v. Medical Practitioners Board of Victoria
Country: AustraliaYear: 2006
Court: Supreme Court of Victoria
Citation: (2006) 15 VR 22; [2006] VSCA 85
Health Topics: Disabilities, Health information, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to privacy
In January 2000, Mrs. X went to the Royal Women’s Hospital (“the Hospital”). She was 32 weeks pregnant, and, after a multiple ultrasounds, it was confirmed that her baby had skeletal dysplasia (“dwarfism”). In February, a fetal reduction procedure was done and the baby was born by stillbirth. After termination, the fetus was found to …Read more