Devika Biswas v. Union of India
Country: IndiaYear: 2016
Court: The Supreme Court of India
Citation: (2016) 10 SCC 726
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health
The petitioner in the present case claimed that a sterilization camp managed by an NGO in Bihar was conducting sterilization without following any proper protocol. More than 50 women had undergone sterilization at the camp without being provided any kind of counseling and information about the procedure. The procedure of the sterilization was highly unsanitary; …Read more
Writ Of Habeas Corpus 124.306 Rio De Janeiro STATE
Country: BrazilYear: 2016
Court: Supreme Federal Court of Brazil
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
The writ of Habeas Corpus was brought for the release of the defendants who were arrested for providing illegal abortion services through their clinic with the consent of the women. The Criminal District Court released the defendants but allowed the appeal of the Public Prosecutor for a pre-trial detention. The decision was based on the …Read more
Committee on the Elimination of Discrimination against Women (CEDAW) Inquiry concerning the Philippines
Country: PhilippinesYear: 2015
Court: UN Committee on the Elimination of Discrimination against Women
Citation: CEDAW/C/OP.8/PHL/1
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Right to health, Right to life
An executive order was passed in Manila by the local authorities stating that it would take an affirmative stand on pro-life issues. In 1991, Philippines had delegated the issue of people’s health and safety to the local authorities therefore they could make policy decisions such as family planning services, population and health services. The Executive …Read more
In the Matter of the Law on Termination of Pregnancy in Northern Ireland
Country: United KingdomYear: 2015
Court: The High Court of Justice in Northern Ireland, Queen’s Bench Division
Citation: [2015] NIQB 96; 2014 No. 125661/01
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
The Northern Ireland Human Rights Commission (“Commission”) brought an application alleging that the rights of women in Northern Ireland who are or become pregnant with a serious malformation of the fetus (SMF), fatal fetal abnormality (FFA) or who are pregnant as a result of sexual crimes were being breached by Section 58 and Section 59 …Read more
Michigan Catholic Conference, et al. v. Burwell, et al.
Country: United StatesYear: 2015
Court: Court of Appeals For the Sixth Circuit
Citation: Nos. 13-2723/6640
Health Topics: Health systems and financing, Sexual and reproductive health
Human Rights: Freedom of religion
The case concerns the religious exemption and accommodation to the contraceptive mandate under the Patient Protection and Affordable Care Act (“ACA”), which requires health insurance plans to provide coverage for contraception. Plaintiffs were religious organizations who claimed that covering contraception on employee health insurance violated their religious freedom. An exemption from the mandate was available …Read more
Government of the Republic of Namibia v. LM et al.
Country: NamibiaYear: 2014
Court: Supreme Court of Namibia
Citation: [2014] NASC 19
Health Topics: Health care and health services, Health information, HIV/AIDS, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
The respondents, three Namibian HIV positive pregnant women, were sterilized while undergoing emergency caesareans. The respondents each signed a consent form, which included consent to the caesarean operation and sterilization through bilateral tubal ligation (BLT) but claimed that they did not provide informed consent which is required for sterilization to be considered lawful. The first …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
Case T-627/12
Country: ColombiaYear: 2012
Court: Constitutional Court [Corte Constitucional]
Citation: No. T-627/12
Health Topics: Health information, Medicines, Sexual and reproductive health
Human Rights: Right of access to information, Right to health
The plaintiffs, 1200 women filing a joint tutela, seek constitutional protection against false information being spread by the Attorney General of Colombia regarding emergency contraception. The Attorney General stated that emergency contraceptive that contained Levonorgestrel was an abortificant as the contraceptive can prevent implantation of a fertilized egg on to the walls of the uterus. …Read more
I.G. and Others v. Slovakia
Country: SlovakiaYear: 2012
Court: European Court of Human Rights
Citation: App. No. 15966/04
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life
Three applicants of Roma ethnic origin were all sterilized in a public hospital during Caesarean section deliveries. The first applicant was not told that she had been sterilized. After the delivery, a doctor asked her to sign a document that all women who had Caesarean sections had to sign. Five days after the delivery she …Read more
N.B. v Slovakia
Country: SlovakiaYear: 2012
Court: European Court of Human Rights
Citation: N.B. v Slovakia, App. No. 29518/10, Eur. Ct. H.R. (2012).
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Informed consent, Medical malpractice, 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
Ms. N.B. was of Roma ethnic origin. She was sterilized at a public hospital, at the age of 17, during the birth of her second child. Ms. N.B. asserted that she had been coerced into signing authorizations for her sterilization, that she was segregated within the hospital due to her ethnicity and that the decision …Read more