75 judgments found.

L.C. v. Peru

Country: Peru
Year: 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
Facts:

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

Tags: Abortion, Access to treatment, Criminalization, Domestic abuse, Domestic violence, Molestation, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Suicide, Termination of pregnancy, Therapeutic abortion, Violence against women
Download Judgment: English

Momcilovic v. The Queen

Country: Australia
Year: 2011
Court: High Court
Citation: 245 CLR 1
Health Topics: Controlled substances
Human Rights: Right to due process/fair trial
Facts:

In 2006, police found over 700 grams of methylamphetamine in Momcilovic’s apartment. Forensic evidence linked the drugs to her partner, but not to Momcilovic. She denied knowing that the drugs were in her apartment or that her partner was involved in trafficking. Her partner admitted at Momcilovic’s trial that the drugs were in his possession …Read more

Tags: Criminalization, Drug abuse, Drug enforcement, Drug use, People who use drugs, Psychotropic drugs, Substance abuse
Download Judgment: English

R.R. v. Poland

Country: Poland
Year: 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
Facts:

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

Tags: Abortion, Access to health care, Access to treatment, Criminalization, Cruel treatment, Degrading treatment, Family planning, Genetic disease, Health care technology, Health funding, Health regulation, Inhuman treatment, Out-of-pocket expenditures, Private hospitals, Public hospitals, Termination of pregnancy, Testing, Torture
Download Judgment: English Polish

A, B and C v. Ireland

Country: Ireland
Year: 2010
Court: European Court of Human Rights
Citation: A, B, and C v. Ir., App. No. 25579/05, Eur. Ct. H.R. 2032 (2010).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, 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
Facts:

Three applicants, two Irish nationals and one Lithuanian national, travelled to the United Kingdom in 2005 to have an abortion, each applicant believing they were not entitled to an abortion in Ireland. The first applicant decided to have an abortion to avoid jeopardizing her chances of reuniting her four previous children who were in foster …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to drugs, Access to health care, Access to medicines, Access to treatment, Awareness, Cancer, Criminalization, Degrading treatment, Depression, Family planning, Freedom of information, Health care professionals, Health care workers, Health education, Health regulation, Humiliating treatment, Noncommunicable diseases, Pregnancy, Suicide, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

N. R. F. s/ abuso sexual s/ incidente solicitud interrupción embarazo s/apelaciones

Country: Argentina
Year: 2010
Court: Criminal Court of Appeal [Cámara Primera en lo Criminal]
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health, Violence
Human Rights: Right to health
Facts:

A girl allegedly raped claimed for abortion under the art. 86 (2) of the Criminal Code of Argentina, which excluded women from criminal liability when they have been raped and they were mentally disabled.  The girl had no disabilities. The First Instance Court authorized the abortion and, fifteen minutes later, gave notice to mass media. …Read more

Tags: Abortion, Access to treatment, Criminalization, Maternal health, Minor, Pregnancy, Rape, Sexual assault, Termination of pregnancy
Download Judgment: Spanish

Re Assisted Human Reproduction Act

Country: Canada
Year: 2010
Court: The Supreme Court of Canada
Citation: 2010 SCC 61
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

The Attorney General (AG) of Quebec challenged the constitutionality of sections 8 to 19, 40 to 53, 60, 61 and 68 of Canada’s Assisted Human Reproduction Act (the “Act”) on federalism grounds. Some of these provisions create or relate to prohibitions on human cloning and various aspects of the commercialization of reproductive materials and functions. …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Childbirth, Clinics, Criminalization, Family planning, Fertility, Health care technology, Health facilities, Health regulation, In utero fertilization, In vitro fertilization, Infertility, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Case T-388/09

Country: Colombia
Year: 2009
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Octava de Revisión mayo 28, 2009, M.P.: Humberto Antonio Sierra Porto, Sentencia T-388/09 (Colom.).
Health Topics: Health care and health services, Health systems and financing, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

The petitioner, a Colombian national, filed a tutela (an appeal for legal protection) on behalf of his partner who was 19 weeks pregnant. The petitioner’s partner underwent examination and discovered that the fetus exhibited serious malformations that made the fetus unviable. Despite the advice of a board of specialists to terminate the pregnancy, the local health …Read more

Tags: Abortion, Access to health care, Access to treatment, Clinics, Conscientious objection, Criminalization, Family planning, Health care professionals, Health expenditures, Health facilities, Health funding, Health insurance, Out-of-pocket expenditures, Pregnancy, Private hospitals, Public hospitals, Subsidies, Termination of pregnancy, Unsafe abortion
Download Judgment: Spanish

Naz Foundation v. Government of NCT of Delhi, et al.

Country: India
Year: 2009
Court: High Court - Delhi
Citation: (2009) DLT 27
Health Topics: HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

Overruled by Suresh Kumar Koushal and Anor. v. Naz Foundation and Ors. Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of …Read more

Tags: Condoms, Criminalization, Gay, Gender identity, Homosexual, Injecting drug users, Lesbian, LGBTI, Queer, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs
Download Judgment: English

Case 146/2007 and its cumulative 147/2007

Country: Mexico
Year: 2008
Court: Suprema Corte de Justicia de la Nación [Supreme Court of Justice of the Nation]
Citation: Acción de Inconstitucionalidad 146/2007 y su acumulada 147/2007
Health Topics: Child and adolescent health, Health care and health services, 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 life
Facts:

Please note that only portions of the original judgment have been translated into English. This summary is primarily written from those portions. The Federal District legislature approved reforms to the Criminal Code of the Federal District in which it decriminalized and legalized abortion performed during the first 12 weeks of gestation. It also amended the …Read more

Tags: Abortion, Abortion counseling, Access to treatment, Conscientious objection, Criminalization, Family planning, Informed choice, Late-term abortion, Maternal mortality, Midwifery, Minor, Parental consent, Pregnancy, Spousal consent, Termination of pregnancy, Unsafe abortion
Download Judgment: English Spanish

Case 20-2(A) KCCR 696; 2007 Hun-Ka17·21; 2008 Hun-Ka7·26; 2008 Hun-Ba21·47 (consolidated), October 30, 2008

Country: South Korea
Year: 2008
Court: Constitutional Court of Korea
Health Topics: Sexual and reproductive health
Human Rights: Right to privacy
Facts:

Defendants from six separate cases – 2007 Hun-Ka17, 2007 Hun-Ka21, 2008 Hun-Ka7, 2008 Hun-Ka26, 2008 Hun-Ba21, 2008 Hun-Ba47 – were prosecuted for adultery and fornication.  These cases were consolidated and brought before the Constitutional Court of Korea.  The Court was asked to review Article 241 of the Criminal Act and determine whether this article violated …Read more

Tags: Criminalization, Spousal consent
Download Judgment: English