Jocelyn Edwards
Country: AustraliaYear: 2011
Court: Supreme Court of New South Wales
Citation: (2011) 81 NSWLR 198; [2011] NSWSC 478
Health Topics: Chronic and noncommunicable diseases, Hospitals, Informed consent, Occupational health, Sexual and reproductive health
Human Rights: Right to property
Jocelyn and Mark Edwards were happily married and intended to have a child. They encountered some difficulties in conceiving and consulted a fertility clinic. Both subsequently agreed to in vitro fertilization (IVF) treatment. Mark had earlier expressed the importance to him of Jocelyn having their child before he was “unable” to, which was positively supported …Read more
S.H. v. Austria
Country: AustriaYear: 2011
Court: European Court of Human Rights
Citation: Application No. 57813/00
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
The four applicants in this case were two couples suffering from infertility. The first couple included a woman who suffered from fallopian-tube-related infertility, which prevented ova from passing into her uterus, and her husband, who was infertile. The second couple included a woman who suffered from agonadism, which means she did not produce ova at …Read more
Case 2010-068
Country: BelgiumYear: 2010
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4733. C. C., n°2010-068, 10 June 2010
Health Topics: Sexual and reproductive health
The applicant ASBL is an activist organization dedicated to the promotion of respect for human life and integrity of the person at every stage of development. The applicant group sought to annul Article 3 of a December 2008 law that allowed a wide range of human bodily material to be obtained and used for the …Read more
Re Assisted Human Reproduction Act
Country: CanadaYear: 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
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
Case 445/2009
Country: SpainYear: 2009
Court: Supreme Court of Justice of Castilla-La Mancha
Citation: STSJCM 12-3-2009
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to social security
The appellant, a beneficiary of defendant public health institution Health Service of Castilla-La Mancha (“SESCAM”), received three fertility treatment cycles (two in a private institution and one in a public health institution) with negative results. The appellant then sought new fertility treatments from SESCAM, arguing that she was entitled to funding for three treatments of …Read more
Yearworth v. North Bristol NHS Trust
Country: United KingdomYear: 2009
Court: Court of Appeal, Civil Division
Citation: [2009] EWCA Civ 37
Health Topics: Chronic and noncommunicable diseases, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to property
Six men appealed the decision of the Exeter County Court that denied recovery in tort for the damage of their sperm held in frozen storage at a facility run by the North Bristol NHS Trust (the “Trust”). All six of the men were diagnosed with cancer and were advised that chemotherapy was the appropriate treatment. …Read more
Yolanda v. Regional Healthcare Department of the Generalitat Valenciana
Country: SpainYear: 2009
Court: Supreme Court
Citation: STS 16-11-2009 Appeal No. 4426/2008
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to health, Right to social security
The plaintiff sued the defendant, Regional Healthcare Department of the Generalitat Valenciana (RHD) for a refund of medical expenses following its denial of fertilization treatment. The plaintiff was carrying a genetic illness multiple endocrine neoplasia type II (MEN II). She had surgery after being diagnosed with the disease. Subsequently, the plaintiff decided she wanted to …Read more
Case VII SA/Wa 185/07
Country: PolandYear: 2007
Court: Voivodeship Administrative Court - Warsaw
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to social security
On August 2006, the Director of the Voivodeship Branch of the National Health Fund rejected the application of the plaintiffs for the reimbursement of the costs incurred during the plaintiff’s in vitro fertilization procedure. The plaintiffs had neither obtained a physician’s referral for the in vitro treatment nor filed an application with the Director of …Read more
Evans v. United Kingdom
Country: United KingdomYear: 2007
Court: European Court of Human Rights
Citation: Evans v. United Kingdom [GC], App. No. 6339/05, 46 Eur. H.R. Rep. 34 (2008).
Health Topics: Health care and health services, Medicines, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to life
Applicant had her eggs extracted for the purposes of in vitro fertilization in 2001. Her ovaries were thereafter removed due to the presence of tumors. Six embryos were created using her eggs and the sperm of her partner ‘J.’. Schedule 3 of the Human Fertilization and Embryology Act of 1990 allowed for the withdrawal of …Read more
Terry Buffett v. Canadian Forces
Country: CanadaYear: 2006
Court: Canadian Human Rights Tribunal
Citation: 2006 CHRT 39
Health Topics: Disabilities, Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination
Terry Buffet, a male service member in the Canadian Armed Forces wanted to use his employment benefit for in vitro fertilization (IVF) because of reasons of his infertility. The Canadian Forces (CF) provided insurance for military members, but not for their family members. CF did, however, provide coverage of IVF to female military members. Upon …Read more