Pediatric Clinic of Los Lagos v. Brazil
Country: BrazilYear: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 70/08, Petition 12.242, October 16, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Hospitals, Infectious diseases, Medical malpractice, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to life
Ten children died as a result of the presumed medical negligence of the personnel at the Clínica Pediátrica da Região dos Lagos. The hospital received funds from the state via the public system of health of Brazil called Sistema Unico de Salud. The majority of children treated at the hospital were from families with “reduced …Read more
K.L. v. Peru
Country: PeruYear: 2005
Court: Human Rights Committee
Citation: CCPR/C/85/D/1153/2003, Communication No. 1153/2003
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Right to health, Right to life, Right to privacy
K.L was a 17 year old pregnant woman who was denied an abortion despite complications in her pregnancy. The foetus was anencephalic. Peruvian abortion laws allowed abortions in case there was a danger to the life or health of the mother. Anencephalic condition posed a life-threatening risk to K.L. The baby died after four days …Read more
Case 358-2004
Country: MexicoYear: 2004
Court: Supreme Court of Justice of the State of Michoacán [Supremo Tribunal de Justicia del Estado de Michoacán]
Citation: No. 358/2004, appeal of criminal process 257/2003
Health Topics: Child and adolescent health, Mental health, Poverty, Sexual and reproductive health, Violence
Human Rights: Right to family life, Right to life
O.M. is a Mexican woman who left her newborn son in a garbage can in the municipal headquarters of Santa Clara del Cobre after having given labor in the public restrooms. The woman placed toilet paper on the newborn child’s mouth cavity and nostrils to prevent others from hearing the newborn child cry, cut his …Read more
R v. King
Country: AustraliaYear: 2003
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 472; [2003] NSWCCA 399
Health Topics: Child and adolescent health, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity
The respondent was charged with maliciously inflicting grievous bodily harm to Kylie Flick with intent to do grievous bodily harm. Prior to the crime, the respondent and Ms. Flick engaged in a single act of consensual sexual intercourse after which Ms. Flick became pregnant. The respondent sought to persuade Ms. Flick to have an abortion, …Read more
Calvelli and Ciglio v. Italy
Country: ItalyYear: 2002
Court: European Court of Human Rights
Citation: Application No. 32967/96; [2002] ECHR 3
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to life
Calvelli and Ciglio’s baby was transferred to an intensive care unit immediately after its birth, and died two days later of post-asphyxia syndrome. EC, the doctor who had delivered the baby and was a joint owner of the clinic, was found guilty of involuntary manslaughter and received a one year suspended prison sentence under the …Read more
Joyce Nakacwa v. Attorney General, et al.
Country: UgandaYear: 2002
Court: Constitutional Court at Kampala
Citation: [2002] UGCC 1; Constitutional Petition No. 2 of 2001
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Informed consent, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to water and sanitation
On June 21, 2001, the petitioner delivered a baby by the roadside and visited the second respondent’s Naguru Maternity Home/Clinic with the baby still attached to her. She received no medical care and was referred to another hospital. The petitioner was unable to walk the distance and was forced to sit outside with her newborn …Read more
Minister of Health v. Treatment Action Campaign (No. 1)
Country: South AfricaYear: 2002
Court: Constitutional Court
Citation: (CCT9/02) [2002] ZACC 16; 2002 (5) SA 703; 2002 (10) BCLR 1075 (5 July 2002)
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Right to health
The Constitutional Court was asked to determine whether the appellant (Government) was required to give effect, pending an appeal, to an order of the High Court which directed it to make the drug nevirapine available to mothers and their newborn babies in public health facilities under certain circumstances and conditions. The order concerned the programme …Read more
Minister of Health v. Treatment Action Campaign (No. 2)
Country: South AfricaYear: 2002
Court: Constitutional Court
Citation: [2002] ZACC 15; 2002 (5) SA 721; 2002 (10) BCLR 1033
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Right to health
The government of South Africa developed a national public health program to address mother-to-child transmission of HIV. The purpose of the program was to offer HIV-positive pregnant women nevirapine, a drug that prevents the transmission of HIV at birth, free of charge. The program was, however, limited in scope. It only offered nevirapine at certain …Read more
Case 2001-446 DC
Country: FranceYear: 2001
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2001-446 DC, 27 June 2001
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Before the promulgation of the Voluntary Interruption of Pregnancy Act, 78 senators made a referral to the French constitutional court challenging the constitutionality of the new bill according to article 61 of the French Constitution. The Act had three components. It extended to 12 weeks the period of time a woman could have an abortion …Read more
Ferguson v. City of Charleston
Country: United StatesYear: 2001
Court: Supreme Court
Citation: 532 U.S. 67 (2001)
Health Topics: Child and adolescent health, Controlled substances, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Petitioners were former patients who received obstetrical care at the Medical University of South Carolina (MUSC), a public hospital in the city of Charleston, and who were arrested after testing positive for cocaine. In 1988, concerns arose among MUSC staff about an apparent increase in the use of cocaine by patients who were receiving prenatal …Read more