Baricalla de Cisilotto, María del Carmen v. Estado Nacional (Ministerio de Salud y Acción Social)
Country: ArgentinaYear: 1987
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 201. XXI.
Health Topics: Health care and health services
Human Rights: Right to health, Right to life
The plaintiff, the legal representative of her underage son who suffered from cancer, filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State, the Ministry of Health and Social Action to condemn them to supply an experimental treatment that was tested in some patients, including the plaintiff’s son. The experimental drug …Read more
E. (Mrs.) v. Eve
Country: CanadaYear: 1986
Court: Supreme Court
Citation: [1986] 2 S.C.R. 388
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Eve was a mentally disabled young woman suffering from a condition that made it extremely difficult for her to communicate with others. She was not capable of understanding the consequential relationship between intercourse, pregnancy and birth. Mrs. E, her mother, was concerned that Eve might innocently become pregnant, which would mean that she, an elderly …Read more
Thornburgh v. American College of Obstetricians and Gynecologists
Country: United StatesYear: 1986
Court: Supreme Court
Citation: 476 U.S. 747 (1986)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Respondents, including Pennsylvania physicians, abortion counselors and providers, brought this challenge to provisions of Pennsylvania’s Abortion Control Act 1982 (the Act). The Act imposed the following conditions on the provision of abortion services in Pennsylvania: 1. The informed consent provision (§ 3205) required women to be informed of: The name of the physician performing the …Read more
Gillick v. West Norfolk and Wisbech Area Health Authority and Anr.
Country: United KingdomYear: 1985
Court: House of Lords
Citation: [1985] 3 All ER 402
Health Topics: Child and adolescent health, Health care and health services, Health information, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
The Department of Health and Social Security (DHSS) issued a memorandum of guidance to local health authorities that stated that, inter alia, “consultations between doctors and patients are confidential,” even for children less than 16. The memorandum noted that while “it would be most unusual,” a doctor could advise the child regarding contraception without parental …Read more
Sidaway v. Bethlem Royal Hospital and Ors.
Country: United KingdomYear: 1985
Court: House of Lords
Citation: [1985] AC 871; [1985] 1 All ER 643
Health Topics: Informed consent, Medical malpractice, Medicines
Human Rights: Right to bodily integrity, Right to health
Ms. Sidaway brought an action in negligence against Bethlem Royal Hospital and the hospital’s surgeon after she was left severely disabled from a spinal operation. Ms. Sidaway, who suffered from constant shoulder and neck pains, was advised by a surgeon employed by the hospital to have an operation on her spinal column to relieve her …Read more
H.L. v. Matheson
Country: United StatesYear: 1981
Court: Supreme Court
Citation: 450 U.S. 398 (1981)
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 privacy
The Appellant, H.L., brought this class action suit challenging a Utah law which required a physician to notify, if possible, the parents or guardian of a minor upon whom an abortion was to be performed. H.L. represented a class consisting of unmarried minor women who wished to terminate their “unwanted pregnancies” but were unable to …Read more
Simopoulos v. Virginia
Country: United StatesYear: 1981
Court: Supreme Court
Citation: 462 U.S. 506 (1983)
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
The Appellant, an obstetrician gynaecologist, brought suit challenging the constitutionality of a Virginia statute, which required second-trimester abortions to be performed in a licensed hospital. The Appellant instituted these proceedings after he was indicted for unlawfully performing an abortion during the second trimester of a pregnancy outside of a licensed hospital. The Appellant performed an …Read more
Saguir y Dib, Claudia Graciela s/Autorización
Country: ArgentinaYear: 1980
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Fallos 302:1284
Health Topics: Child and adolescent health, Informed consent
Human Rights: Right to bodily integrity, Right to family life, Right to health, Right to life
The parents of the 17 years old plaintiff, Claudia Graciela Saguir y Dib, filed an authorization on behalf of their daughter for her to be able to donate her kidney to her brother, who was suffering from chronic renal terminal failure. Law 21.541, art. 13, established that a person over 18 years old could donate …Read more
Bellotti v. Baird II
Country: United StatesYear: 1979
Court: Supreme Court
Citation: 443 U.S. 622 (1979)
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 challenged the constitutional validity of a Massachusetts law that required, in every instance, that the parents or guardian of a minor seeking an abortion be notified. The joined Appellants were an abortion clinic and a pregnant minor representing the class of unmarried minors in Massachusetts who had adequate capacity to give valid and …Read more
Colautti v. Franklin
Country: United StatesYear: 1979
Court: Supreme Court
Citation: 439 U.S. 379 (1979)
Health Topics: Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
The Respondents, a licensed obstetrician and several non-profit organizations, brought suit claiming that § 5(a) of the Pennsylvania Abortion Control Act of 1974 (the Act) was unconstitutionally vague. Section 5(a) of the Act required every person who performed or induced an abortion to have made a determination, based on “experience, judgment or professional competence,” that …Read more