75 judgments found.

Stenberg v. Carhart

Country: United States
Year: 2000
Court: Supreme Court
Citation: 530 U.S. 924 (2000)
Health Topics: Health care and health services, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Carhart, a physician who performed abortions, brought suit challenging the constitutional validity of a Nebraska statute which prohibited non-lifesaving “partial birth abortions.” The statute defined this procedure as “deliberately and intentionally delivering into the vagina a living unborn child, or a substantial portion thereof, for the purpose of performing a procedure that the person performing …Read more

Tags: Abortion, Abortion technique, Access to treatment, Criminalization, Duty of care, Family planning, Maternal health, Maternal mortality, Negligence, Partial birth abortion, Pregnancy, Termination of pregnancy, Unsafe abortion
Download Judgment: English

Case 48/1998 (XI. 23.)

Country: Hungary
Year: 1998
Court: Constitutional Court
Citation: Decision 48/1998 (XI. 23.) AB
Health Topics: Health information, Sexual and reproductive health, Violence
Human Rights: Right to a clean environment, Right to bodily integrity, Right to life, Right to privacy
Facts:

This case concerned the impact of Hungary’s constitutional guarantee of the right to life on its parliament’s ability to pass abortion laws. Petitioners submitted that Hungary’s Act LXXIX/1992 on the Protection of Foetal Life (“the Act”), regarding permissible abortion, was unconstitutional. The Act allowed a pregnant woman to have an abortion if she was “in …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Birth control, Criminalization, Health care professionals, Health care workers, Maternal health, Maternal mortality, Notification, Pregnancy, Rape, Termination of pregnancy, Unsafe abortion
Download Judgment: English

Re Supreme Court Special Determinations Nos 6 and 7 of 1998

Country: Sri Lanka
Year: 1998
Court: Supreme Court
Citation: [1999] 2 LRC 579; (1998) 2 CHRLD 333
Health Topics: Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right to due process/fair trial
Facts:

A Bill entitled ‘Prohibition of Ragging and Other Forms of Violence in Educational Institutions’ was drafted in response to the increase and brutality of ‘ragging’ in educational institutions. Section 17 of the Bill defined ‘ragging’ as ‘any act which causes, or is likely to cause, physical or psychological injury or mental pain or fear or …Read more

Tags: Assault, Bullying, Criminalization, Hazing, Ragging
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Salvatori Abuki and Richard Abuga v. Attorney General

Country: Uganda
Year: 1997
Court: Constitutional Court at Kampala
Citation: [1997] UGCC 5; Constitutional Case No. 2 of 1997
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Freedom of religion, Right to due process/fair trial, Right to housing, Right to life, Right to property
Facts:

The petitioners, Salvatori Abuki and Richard Obuga, brought a constitutional challenge against their convictions in a Magistrates’ Court for the practice of witchcraft. (Richard Obuga died before the hearing on the petition began leaving only one petitioner, Abuki.) The petitioner was arrested on a complaint of witchcraft and charged with practicing witchcraft in contravention of …Read more

Tags: Criminalization, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Forced displacement, Humiliating treatment, Imprisonment, Incarceration
Download Judgment: English

Washington v. Glucksberg

Country: United States
Year: 1997
Court: Supreme Court
Citation: 521 U.S. 702 (1997)
Health Topics: Controlled substances, Health care and health services, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to life, Right to privacy
Facts:

Under the Wash. Rev. Code §9A36.060 (1) it was a crime to cause or aid another person to commit suicide. In 1996, a lower court struck down this law on the basis it violated an individual’s constitutionally protected right to choose the time and manner of death. The petitioners, the State of Washington and its …Read more

Tags: Assisted suicide, Criminalization, Health care professionals, Health care workers, Informed choice, Palliative care, Patient choice, Suicide
Download Judgment: English

X & Y v. Argentina

Country: Argentina
Year: 1996
Court: Inter-American Commission on Human Rights [Comisión Interamericnana de Derechos Humanos]
Citation: Case 10.506, Inter-Am. Comm’n H.R., Report No. 38/96, OEA/Ser.L/V/II.95 Doc. 7 rev. (1997).
Health Topics: Child and adolescent health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life, Right to privacy
Facts:

The prison authorities of Unit 1 of the SPF of Argentina adopted the practice of performing vaginal inspections on all female visitors who desired to have personal contact with the inmates. Ms. X, whose husband was detained at that Unit, and their thirteen year old daughter Y were thus routinely submitted to such searches each …Read more

Tags: Children, Criminalization, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Humiliating treatment, Minor
Download Judgment: English Spanish

CES and Anr. v. Superclinics and Ors.

Country: Australia
Year: 1995
Court: Supreme Court of New South Wales
Citation: (1995) 38 NSWLR 47; (1995) Aust Torts Reports 81-360
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

CES (‘the first appellant’) sought damages from Superclinics (‘respondent’) for the loss of an opportunity to terminate her pregnancy. The first appellant, a 21-year-old woman, visited a doctor at Superclinics after she missed her period. She stated that if she were found to be pregnant, she would like the pregnancy terminated. The doctor did not …Read more

Tags: Abortion, Abortion counseling, Childbirth, Compensation, Counseling, Criminalization, Damages, Depression, Diagnostics, Duty of care, Examination, Family planning, Health care professionals, Health care workers, Late-term abortion, Maternal health, Misdiagnosis, Negligence, Pregnancy, Remedies, Termination of pregnancy, Testing, Therapeutic abortion, Tort
Download Judgment: English

Toonen v. Australia

Country: Australia
Year: 1994
Court: United Nations Human Rights Committee
Citation: CCPR/C/50/D/488/1992
Health Topics: Health care and health services, Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Nicholas Toonen was a gay man, HIV/AIDS activist, and LGBT rights activist living in Tasmania. Tasmania criminalized same-sex sexual conduct among men under ss 122 and 123 its criminal code; it was the last remaining state or territory of Australia to do so, the remainder having repealed such laws. Toonen brought a communication before the …Read more

Tags: Access to health care, Access to treatment, AIDS, Awareness, Criminalization, Gay, Health education, Health promotion, HIV, HIV positive, HIV status, Homosexual, Law enforcement, LGBTI, Most-at-risk, People living with HIV/AIDS, PLHIV, Queer, Sexual orientation, Sodomy
Download Judgment: English

R. v. Morgentaler

Country: Canada
Year: 1993
Court: Supreme Court
Citation: [1993] 2 S.C.R. 463
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to liberty and security of person
Facts:

Section 251(4) of the Criminal Code of Canada (the Code) permitted abortions to be performed only at accredited hospitals and then with approval from the performing hospital’s therapeutic abortion committee. Drs. Morgentaler, Smoling, and Scott had together established an abortion clinic in Toronto to perform abortions not approved by a therapeutic abortion committee.  Following public …Read more

Tags: Abortion, Abortion counseling, Access to treatment, Clinics, Criminalization, Health insurance, Health regulation, Maternal health, Pregnancy, Private hospitals, Public hospitals, Reimbursement, Subsidies, Termination of pregnancy, Therapeutic abortion
Download Judgment: English French

Attorney General v. X

Country: Ireland
Year: 1992
Court: Supreme Court
Citation: [1992] 1 IR 1 (5th March, 1992)
Health Topics: Child and adolescent health, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom of movement and residence, Right to bodily integrity, Right to life
Facts:

The first defendant was a fourteen and a half year old girl who became pregnant after being raped by a family friend. Her parents (second and third defendants) reported the rape to the police and inquired whether there was a process available to test the paternity of the fetus before the defendants aborted the pregnancy …Read more

Tags: Abortion, Child development, Children, Criminalization, Depression, Maternal health, Maternal mortality, Minor, Molestation, Pediatric health, Pregnancy, Rape, Sexual abuse, Sexual assault, Sexual violence, Suicide, Termination of pregnancy, Therapeutic abortion, Violence against women
Download Judgment: English