30 judgments found.

Case 43/2005 (XI. 14)

Country: Hungary
Year: 2005
Court: Constitutional Court
Health Topics: Aging, Health information, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to privacy
Facts:

The case involved two petitions that required the Constitutional Court to examine certain elements that imposed regulations on sterilization. The first petitioner challenged the constitutionality of the Minister of Health Decree 12/1987 (VIII. 19.) EüM on Sterilization (hereinafter “D1”), which imposed certain restrictions (related to age and number of prior blood children) on a person …Read more

Tags: Birth control, Compulsory sterilization, Confidentiality, Contraception, Contraceptives, Disclosure, Family planning, Forced sterilization, Health records, Informed choice, Involuntary sterilization, Mandatory sterilization, Maternal health, Medical records, Non-disclosure, Notification, Patient choice, Pregnancy, Secrecy, Spousal consent, Spousal notification, Sterilization
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

R v. Secretary of State for the Home Department, ex parte Glen Fielding

Country: United Kingdom
Year: 1999
Court: High Court of Justice, Queen's Bench Division
Citation: [1999] EWHC Admin 641
Health Topics: HIV/AIDS, Infectious diseases, Medicines, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

In 1996, Glen Fielding was sentenced to four years imprisonment. Whilst incarcerated, Fielding, a man who had sex with men, requested condoms but was refused on the basis that it was against Prison Service policy to provide condoms to a prisoner who was not HIV-positive; there was no evidence that Fielding was HIV positive. The …Read more

Tags: AIDS, Bisexual, Contraception, Contraceptives, Custody, Gay, HIV, Homosexual, Imprisonment, Incarceration, Inmate, Jail, People living with HIV/AIDS, PLHIV, Queer, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs
Download Judgment: English

Department of Health & Community Services v JWB & SMB (“Marion’s Case”)

Country: Australia
Year: 1992
Court: High Court
Citation: (1992) 175 CLR 218; [1992] HCA 15
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
Facts:

“Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more

Tags: Children, Contraception, Contraceptives, Deaf, Disabled, Forced sterilization, Forced treatment, Handicapped, Incompetence, Informed choice, Involuntary treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Minor, Non-consensual testing and treatment, Patient choice, Physically challenged, Pregnancy, Psychiatry, Psychology, Sterilization
Download Judgment: English

E. (Mrs.) v. Eve

Country: Canada
Year: 1986
Court: Supreme Court
Citation: [1986] 2 S.C.R. 388
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

Eve was a mentally disabled young woman suffering from a condition that made it extremely difficult for her to communicate with others. She was not capable of understanding the consequential relationship between intercourse, pregnancy and birth.  Mrs. E, her mother, was concerned that Eve might innocently become pregnant, which would mean that she, an elderly …Read more

Tags: Compulsory sterilization, Compulsory treatment, Contraception, Contraceptives, Family planning, Forced sterilization, Forced treatment, Incapacity, Incompetence, Informed choice, Involuntary sterilization, Mandatory sterilization, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization
Download Judgment: English French

Gillick v. West Norfolk and Wisbech Area Health Authority and Anr.

Country: United Kingdom
Year: 1985
Court: House of Lords
Citation: [1985] 3 All ER 402
Health Topics: Child and adolescent health, Health care and health services, Health information, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

The Department of Health and Social Security (DHSS) issued a memorandum of guidance to local health authorities that stated that, inter alia, “consultations between doctors and patients are confidential,” even for children less than 16. The memorandum noted that while “it would be most unusual,” a doctor could advise the child regarding contraception without parental …Read more

Tags: Abortion, Abortion counseling, Access to treatment, Birth control, Child development, Children, Confidentiality, Contraception, Contraceptives, Criminalization, Health education, Informed choice, Judicial bypass, Minor, Parental consent, Parental notification, Patient choice, Termination of pregnancy
Download Judgment: English

Brüggemann and Scheuten v. Germany

Country: Germany
Year: 1977
Court: European Commission on Human Rights
Citation: Brüggemann v. F.R.G., App. No . 6959/75, 3 Eur. H.R. Rep. 244 (1977).
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of association, Freedom of religion, Right to family life, Right to life, Right to privacy
Facts:

In 1975, the Constitutional Court of Germany struck down a law that decriminalized abortion in the first trimester of pregnancy. The applicants claimed that the resulting amendment to the German criminal code, which criminalized abortion (except under certain circumstances) in the first trimester of pregnancy violated Article 8 (right to a private life) of the European Convention on …Read more

Tags: Abortion, Access to health care, Access to treatment, Childbirth, Contraception, Contraceptives, Criminalization, Family planning, Pregnancy, Termination of pregnancy
Download Judgment: English

Carey v. Population Services International

Country: United States
Year: 1977
Court: Supreme Court
Citation: 431 U.S. 678 (1977)
Health Topics: Child and adolescent health, Health care and health services, Health information, Medicines, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy, Right to social security
Facts:

The Respondent, Population Planning Associates (PPA) was a corporation primarily engaged in the mail-order retail sale of nonmedical contraceptive devices. PPA regularly advertised its products in periodicals, and accepted and filled orders by mailing contraceptives to purchasers. The advertisements and order forms did not limit the availability of PPA’s products to persons of any particular …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Advertising, Birth control, Child development, Children, Contraception, Contraceptives, Family planning, Minor
Download Judgment: English

Eisenstadt v. Baird

Country: United States
Year: 1972
Court: Supreme Court
Citation: 405 U.S. 438 (1972)
Health Topics: Health care and health services, Medicines, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The Respondent was convicted under chapter 272 of the Massachusetts General Laws (Crimes Against Chastity, Morality, Decency and Good Order) (the Act) for exhibiting contraceptive articles while presenting a lecture on contraception to a group of university students, and for providing a contraceptive article to a young woman after the lecture. Section 21 of the …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Birth control, Contraception, Contraceptives, Family planning
Download Judgment: English

Griswold v. Connecticut

Country: United States
Year: 1965
Court: Supreme Court
Citation: 381 U.S. 479 (1965)
Health Topics: Health care and health services, Medicines, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The Appellants, who had opened a birth control clinic, were convicted under the General Statutes of Connecticut of 1958 (the Act) as accessories in crime for providing information and medical advice on contraception and prescribing contraceptives to married individuals. The Act criminalized the use of “any drug, medicinal article or instrument” by any person “for …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Birth control, Contraception, Contraceptives, Family planning
Download Judgment: English