Right to Life New Zealand Inc. v. Abortion Supervisory Committee
Country: New ZealandYear: 2012
Court: Supreme Court
Citation: [2012] NZSC 68
Health Topics: Health care and health services, Health information, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Right to privacy
This case is an appeal from the Court of Appeal’s decision of [2011] NZCA 246. Under the Contraception, Sterlisation and Abortion Act 1997 (the Act), a woman in New Zealand is eligible for an abortion if two certifying consultants agree the pregnancy will seriously harm that woman’s physical or mental health. The Abortion Supervisory Committee (the …Read more
Sandesh Bansal v. Union of India and others
Country: IndiaYear: 2012
Court: High Court - Madhya Pradesh
Citation: Writ Petition No. 9061/2008
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medicines, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to life
The petitioner is a social activist that works on raising concern over the high maternal mortality in the Indian state of Madhya Pradesh. The petitioner alleged that the state’s program to reduce the maternal mortality rate (MMR) had failed to be implemented effectively in Madhya Pradesh. The petitioner had filed this petition, alleging that about …Read more
Alyne da Silva Pimentel Teixeira v. Brazil
Country: BrazilYear: 2011
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 17/2008; UN Doc. CEDAW/C/49/D/17/2008
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to health, Right to life
The author of the communication, the mother of a woman who had died during childbirth, claimed that Brazilian authorities had not ensured access to quality medical treatment during her daughter’s delivery in violation of nondiscrimination provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). More specifically, the author of …Read more
Case 0028-10-TI
Country: EcuadorYear: 2011
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 0028-10-TI, July 22, 2010
Health Topics: Disabilities, Health care and health services, Health systems and financing, Occupational health, Sexual and reproductive health
Human Rights: Right to health, Right to social security
This case was a review of the constitutionality of the Agreement on Social Security signed between the governments of Spain and Ecuador, to provide nationals working in the companion State with the same benefits as they would receive in their home country. In Spain’s case, this required provision for temporary disability during mass outbreaks of …Read more
Court on Its Own Motion v. Union of India
Country: IndiaYear: 2011
Court: High Court - Delhi
Citation: W.P.(C) 5913/2010
Health Topics: Health care and health services, Health information, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Right to health, Right to life
The Delhi High Court made its own motion because of a newspaper report about a destitute woman who died on a busy street while giving birth to a baby girl. The girl had been struggling for life at a foster home named Udayan which was located in Delhi. The Court had subsequently issued directions to …Read more
Dupuy, Daniel Oscar et al. v. Sanatorio Modelo Quilmes et al.
Country: ArgentinaYear: 2011
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: D. 640. XLIV.
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to housing, Right to life, Right to social security
The plaintiff, in representation of his daughter Yanet Marien Dupuy, brought the case to the National First Instance Civil Court [Juzgado Nacional de Primera Instancia en lo Civil n° 52] against the Modelo Quilmes Hospital [Sanatorio Modelo Quilmes] and the Social Help Office for the National Congress Personal [Dirección de Ayuda Social para el Personal del …Read more
V.C. v. Slovakia
Country: SlovakiaYear: 2011
Court: European Court of Human Rights
Citation: App. No. 18968/07, Eur. Ct. H.R. (2011).
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, Right to privacy
The applicant, a woman of Roma origin, was sterilized at the hospital during the delivery of her second child. Prior to the Cesarean section, the medical personnel allegedly asked the applicant whether she wanted any more children. When she expressed that she did, the medical personnel allegedly told the applicant that if she got pregnant …Read more
Case of Ternovszky v. Hungary
Country: HungaryYear: 2010
Court: European Court of Human Rights
Citation: no. 67545/09, ECHR 2010
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to privacy, Right to social security
The applicant, Anna Ternovszky, a pregnant woman who intended to give birth at home, filed a complaint before the European Court of Human Rights., alleging that s. 101(2) of Government Decree no. 218/1999 (XII.28.) violated her rights under the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). Ternovszky claimed that health professionals were …Read more
Case 5299/2010
Country: SpainYear: 2010
Court: Supreme Court of Justice of Castilla-Leon
Citation: STSJCL 5299/2010
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
The appellant gave birth in the Hospital Universitario of Salamanca to a child born with shoulder dystocia. She brought an administrative claim against the relevant insurance company, requesting compensation in the amount of 140,036.65 Euros. She based her claim on the facts that (a) her baby’s medical history was not completed but only included gynecologist …Read more
Case 7026/2010
Country: SpainYear: 2010
Court: Supreme Court
Citation: STS 7026/2010
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Informed consent, Medical malpractice, Sexual and reproductive health
The petitioner’s childbirth resulted in a child with disability. The petitioner had diabetes, a history of intravenous drug use, hepatitis B and C, and an obstetric history that included two abortions and two previous eutocic (vaginal) deliveries. When in the 35th week of her pregnancy, the petitioner went into preterm labor. The next day the …Read more