Nedescu v. Romania
Country: RomaniaYear: 2018
Court: The European Court of Human Rights
Citation: Application No. 70035/10
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
The applicants are husband and wife and wanted to try assisted reproduction at a private clinic. The applicant’s embryos were obtained and freezed for future use by the applicant. A criminal investigation led to the closure of the said clinic. During that process, all genetic material including the applicant’s embryos were transferred to a forensic …Read more
Paradiso and Campanelli v. Italy
Country: ItalyYear: 2017
Court: The European Court of Human Rights
Citation: ECHR 034 (2017)
Health Topics: Child and adolescent health, Health care and health services, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
The applicants are husband (Campanelli) and wife (Paradiso). After unsuccessful attempts at having a child, they registered themselves as prospective adoptive parents and obtained court approval to adopt a foreign child. Due to delays in the adoption, the applicants decided to resort to surrogacy arrangements. A surrogate mother was found in Russia and the applicants …Read more
Federation of Women Lawyers (FIDA-Kenya) & 3 Ors. v. Attorney General & 2 Ors.
Country: KenyaYear: 2015
Court: High Court at Nairobi
Citation: Petition No. 266 of 2015
Health Topics: Health care and health services, Medicines, Sexual and reproductive health
The Director of Medical Services issued a letter on December 3, 2013 and a memo on February 24, 2014 to “All Health Workers” that directed them not to participate in training on safe abortion practice and threatened legal action for non-compliance. The Federation of Women Lawyers filed suit, stating that the letter and memo had …Read more
L.E.H. et al. v. O.S.E.P.
Country: ArgentinaYear: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: CSJ 003732/2014/RH001
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life
The plaintiffs filed a guarantee of protection of individual constitutional rights (amparo protection) with the First Instance Court of the Province of Mendoza to condemn the Health Insurance of Public Personnel [Obra Social de Empleados Públicos – O.S.E.P] to provide comprehensive coverage of the assisted reproductive treatment by intracytoplasmic sperm injection (ICSI) with pre-implantation genetic diagnostic …Read more
Parrillo v. Italy
Country: ItalyYear: 2015
Court: European Court of Human Rights
Citation: Application No. 46470/11
Health Topics: Sexual and reproductive health
Human Rights: Right to life, Right to privacy, Right to property
The applicant, Parrillo, claimed that a legislative ban preventing her from donating embryos conceived in vitro to scientific research violated her rights to respect for private life and peaceful enjoyment of her possessions under Article 8 and Article 1 of Protocol No. 1 of the European Convention for the Protection of Human Rights and Fundamental …Read more
The Queen (on the application of IM and MM) v. Human Fertilisation and Embryology Authority
Country: United KingdomYear: 2015
Court: High Court of Justice, Queen’s Bench Division, Administrative Court
Citation: Case No. CO/3077/2014; [2015] EWHC 1706 (Admin)
Health Topics: Chronic and noncommunicable diseases, Informed consent, Sexual and reproductive health
Human Rights: Right to family life
The issue of the case was whether AM, deceased daughter of IM and MM, gave sufficient informed consent to export her gametes to the U.S. to be fertilized there using a donor selected by her parents and used in the treatment of in vitro fertilization of her mother, IM. Even if it found that AM …Read more
B., A. S. et al. v. DIBA
Country: ArgentinaYear: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 280. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Security and Health Office of the Navy [DIBA – Dirección de Salud y Acción Social de la Armada] to condemn coverage for all expenditures that could arise from a reproductive assisted treatment in the PROAR Medical Institute, limiting the …Read more
K., C. N. v. OSECAC
Country: ArgentinaYear: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: K. 12. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to health, Right to life
The plaintiff filed a guarantee of protection of individual constitutional rights protection (amparo protection) against the Health Insurance of Commerce and Civil Activities Employees (Obra Social de los Empleados de Comercio y Actividades Civiles – OSECAC) to condemn coverage of all expenditures that could arise from reproductive assisted therapy in the egg donation process. The First …Read more
V., C. G. v. I. A. P. O. S.
Country: ArgentinaYear: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: V. 118. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life, Right to social security
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the IAPOS (Instituto Autárquico Provincial de Obras Sociales) to provide coverage for all expenditures that could arise from a reproductive assisted treatment and to cover the amounts paid for such treatment. The First Instance Civil and Commercial Court granted the amparo protection. …Read more
Knecht v. Romania
Country: RomaniaYear: 2013
Court: European Court of Human Rights
Citation: [2013] ECHR 10048/10
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
The applicant, Knecht, is an American and German national. In 2008, she used the “S. Clinic” in Bucharest to store embryos. However, S. Clinic’s authorization from the National Transplant Agency (NTA) to function as a genetic bank was under criminal investigation. In July 2009, the Directorate for the Investigation of Organised Crime and Terrorism attached …Read more