113 judgments found.

Case 248357

Country: France
Year: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°248357, 26 September 2005
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life
Facts:

In 2002, the ASSOCIATION AGAINST HANDIPHOBIA brought this challenge to Article L. 2123-2 of the Public Health Code, which allows for a guardian judge to impose contraception, sterilization and pregnancy termination on people with mental disabilities after rigorous review. The Association claimed the law was unconstitutional, a violation of the Declaration of the Rights of …Read more

Tags: Abortion, Compulsory sterilization, Compulsory treatment, Contraception, Forced abortion, Forced sterilization, Forced treatment, Incapacity, Incompetence, Involuntary sterilization, Involuntary treatment, Judicial bypass, Mandatory treatment, Mental competence, Mental disability, Mental retardation, Minor, Non-consensual testing and treatment, Parental consent, Pregnancy, Sterilization, Termination of pregnancy
Download Judgment: English French

Jackson Women’s Health Organisation v. Brian W. Amy (State Health Officer, Mississippi)

Country: United States
Year: 2005
Court: United States District Court Southern District Of Mississippi Jackson Division
Citation: No CivA 3:04CV495LN, 2005 WL 1412125 (SDMiss 2005)
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health
Facts:

The plaintiff- Jackson Women’s Health Organisation filed a motion challenging a provision in the Mississippi Code stating, “abortion procedures after the first-trimester shall be performed only at an ambulatory surgical facility or hospitals licensed to perform that service, and for related purposes. The plaintiff alleged that this provision had effectively banned it from performing abortions …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Clinics, Counseling, Health care technology, Health facilities, Late-term abortion, Maternal health, Private hospitals, Public hospitals
Download Judgment: English

K.L. v. Peru

Country: Peru
Year: 2005
Court: Human Rights Committee
Citation: CCPR/C/85/D/1153/2003, Communication No. 1153/2003
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Right to health, Right to life, Right to privacy
Facts:

K.L was a 17 year old pregnant woman who was denied an abortion despite complications in her pregnancy. The foetus was anencephalic. Peruvian abortion laws allowed abortions in case there was a danger to the life or health of the mother. Anencephalic condition posed a life-threatening risk to K.L. The baby died after four days …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Childbirth, Children, Clinics, Counseling, Depression, Health facilities, Infant health, Infant mortality, Maternal health, Maternal mortality, Minor, Pediatric health, Pregnancy, Primary care, Private hospitals, Public hospitals, Termination of pregnancy, Therapeutic abortion, Trauma
Download Judgment: English

Llantoy Huamán, Karen Noelia (K.L.) v. Peru

Country: Peru
Year: 2005
Court: United Nations Human Rights Committee
Citation: Llantoy Huamán v. Peru, U.N. H.R. Comm., U.N. Doc. CCPR/C/85/D/1153/2003 (2005).
Health Topics: Child and adolescent health, Health care and health services, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

A 17-year-old Peruvian minor was denied a legal therapeutic abortion when tests indicated that her fetus was anencephalic and a gynecologist and obstetrician advised her to terminate the pregnancy, informing her that continued pregnancy would cause risks to her life. The hospital director refused, alleging the abortion would be unlawful according to the Peruvian Criminal …Read more

Tags: Abortion, Access to treatment, Children, Criminalization, Depression, Minor, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Christian Lawyers’ Association v. Minister of Health

Country: South Africa
Year: 2004
Court: High Court - Transvaal Provincial Division
Citation: 2004 (10) BCLR 1086 (T)
Health Topics: Child and adolescent health, Informed consent, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to health, Right to liberty and security of person, Right to privacy
Facts:

Christian Lawyers’ Association (“plaintiff”) submitted an action seeking to find unconstitutional sections of the Choice on Termination of pregnancy Act 92 of 1996 (“the Act”). The sections enabled women under the age of 18 to terminate their pregnancy without restrictions such as parental consent, parental consultation, required counselling, or a waiting period (collectively called “parental …Read more

Tags: Abortion, Children, Criminalization, Health care professionals, Health care workers, Informed choice, Minor, Parental consent, Parental notification, Pregnancy, Termination of pregnancy
Download Judgment: English

Northwestern v. Ashcroft

Country: United States
Year: 2004
Court: 7th Circuit Court of Appeal
Citation: 362 F.3d 923 (2004)
Health Topics: Health information, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The Respondent, the Attorney General of the United States, appealed a district court order quashing a subpoena that commanded Northwestern Memorial Hospital (NMH) to produce the medical records of certain patients. The records were to be used in an upcoming suit challenging the constitutionality of the Partial-Birth Abortion Ban Act of 2003. The records contained …Read more

Tags: Abortion, Abortion technique, Confidentiality, Criminalization, Disclosure, Electronic health records, Health data, Health information, Medical records, Non-disclosure, Partial birth abortion, Termination of pregnancy
Download Judgment: English

Vo v. France

Country: France
Year: 2004
Court: European Court of Human Rights
Citation: Application No. 53924/00; (2005) 40 EHRR 12; 17 BHRC 1; [2005] Inquest LR 129; (2004) 79 BMLR 71; [2004] 2 FCR 577; [2004] ECHR 326
Health Topics: Health care and health services, Medical malpractice, Sexual and reproductive health
Human Rights: Right to life
Facts:

Mrs. Thi-Nho Vo attended Lyons General Hospital for a medical examination during her pregnancy. On the same day, another woman, Mrs. Thi Thanh Van Vo, was at the hospital to have a contraceptive coil removed. When Dr. G, the doctor who was to remove the coil from Mrs. Thi Thanh Van Vo, asked for ‘Mrs. …Read more

Tags: Abortion, Access to health care, Access to treatment, Childbirth, Criminalization, Damages, Emergency care, Inappropriate treatment, Maternal health, Negligence, Pregnancy, Remedies, Termination of pregnancy, Therapeutic abortion, Tort
Download Judgment: English French

Centre For Enquiry Into Health And Allied Themes (CEHAT) v. Union Of India & Others

Country: India
Year: 2003
Court: Supreme Court
Citation: Writ Petition (Civil) No. 301 of 2000
Health Topics: Health care and health services, Health information, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination
Facts:

In 1996, the government of India had passed the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1995 (the “PNDT Act”) which was aimed at preventing the misuse of sex determination technology to abort girl children before birth.  Female feticide had become an increasingly frequent practice in India despite the implementations of reforms that attempted …Read more

Tags: Abortion, Advertising, Awareness, Family planning, Health care technology, Health education, Sex-selective abortion, Termination of pregnancy, Testing, Violence against women
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