Department of Health & Community Services v JWB & SMB (“Marion’s Case”)
Country: AustraliaYear: 1992
Court: High Court
Citation: (1992) 175 CLR 218; [1992] HCA 15
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
“Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more
In re T (adult: refusal of medical treatment)
Country: United KingdomYear: 1992
Court: Court of Appeal, Civil Division
Citation: [1992] 4 All ER 649, CA
Health Topics: Health care and health services, Informed consent, Mental health
Human Rights: Right of access to information, Right to bodily integrity
This case dealt with the right to choose how to live, specifically regarding the right to refuse a blood transfusion. Miss T had been raised by her mother, a Jehovah’s witness, but was never baptized into the faith and had told her boyfriend and father that she was not a Jehovah’s Witness. She was 34 …Read more
Planned Parenthood v. Casey
Country: United StatesYear: 1992
Court: Supreme Court
Citation: 505 U.S. 833 (1992)
Health Topics: Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Planned Parenthood brought suit challenging the Pennsylvania Abortion Control Act of 1982 (the Act) in federal court on constitutional grounds. The Act included the following requirements for women seeking an abortion in Pennsylvania: A woman seeking an abortion must give her informed consent prior to the abortion procedure, and she must provide certain information at …Read more
Rogers v. Whitaker
Country: AustraliaYear: 1992
Court: High Court
Citation: (1992) 175 CLR 479; [1992] HCA 58
Health Topics: Disabilities, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity
Appellant doctor appealed an award of $808,564.38 to respondent patient. Appellant doctor had operated on the right eye of respondent patient in an attempt to improve its appearance and restore some sight as respondent patient’s right eye had been sightless from a previous injury. The lower court had found that appellant doctor had operated with …Read more
Hodgson v. Minnesota
Country: United StatesYear: 1990
Court: Supreme Court
Citation: 497 U.S. 417 (1990)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The Appellants brought this case challenging an amendment to the Minors’ Consent to Health Services Act (the Act) on the basis that it violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the Constitution. Subdivision 2 of the Act provided, with certain exceptions, that no abortion shall be performed on a …Read more
K.H. v. Malmöhus Läns Landstingskommun
Country: SwedenYear: 1990
Court: Supreme Court
Citation: NJA 1990 s 442 – Målnummer No. 40
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Kerstin H. had an operation intended to lessen pain in her hip, however after the operation she still suffered from the original ailment as well as new pain. Prior to the operation, Kerstin H. had been informed that the doctors aimed “to clean up the area around the nerve” (the doctors had also used such …Read more
Moore v. Regents of the University of California
Country: United StatesYear: 1990
Court: Supreme Court of California
Citation: 51 Cal.3d 120 (1990); 793 P.2d 479; 271 Cal. Rptr. 146
Health Topics: Informed consent
Human Rights: Right to bodily integrity, Right to property
John Moore underwent treatment for hairy-cell leukemia at UCLA Medical Center, owned and operated by the regents of the university. During the course of his treatment, Moore’s spleen was removed and various tissue samples were taken by his doctor. Moore’s doctor engaged with a researcher at the medical center to study these samples (which were …Read more
Ohio v. Akron Center for Reproductive Health
Country: United StatesYear: 1990
Court: Supreme Court
Citation: 497 U.S. 450 (1990)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The Respondents, including a facility that provides abortions, a physician who performs abortions, and a minor woman who sought an abortion, brought suit challenging the constitutional validity of Ohio’s Amended Substitute House Bill 319, which made it a criminal offence, except in four specified circumstances, for a physician or other person to perform an abortion …Read more
F v. West Berkshire Health Authority and Anr.
Country: United KingdomYear: 1989
Court: House of Lords
Citation: [1989] 2 All ER 545
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
F was a 36 year old adult woman who suffered from a disability that left her with the mental capacity of a young child. She had been a voluntary in-patient at a mental hospital since the age of 14, where she received treatment and enjoyed a great degree of freedom of movement. Although the facility …Read more
H. v. France
Country: FranceYear: 1989
Court: European Court of Human Rights
Citation: Application No. 10073/82; (1989) 12 EHRR 74
Health Topics: Disabilities, Health information, Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial
The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia. In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more