Cojocaru v. British Columbia Women’s Hospital and Health Centre
Country: CanadaYear: 2013
Court: Supreme Court
Citation: 2013 SCC 30
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
The plaintiff, who had previously given birth via caesarean section, was due to give birth a second time. Her obstetrician recommended a vaginal birth. During labor, Cojocaru’s uterus ruptured, which restricted oxygen supply to the baby. The scar from the previous caesarean contributed to the rupture, and an emergency caesarean section was performed. The baby …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
R (on the application of Axon) v. Secretary of State for Health and Anr.
Country: United KingdomYear: 2006
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2006] EWHC 37 (Admin)
Health Topics: Child and adolescent health, Health care and health services, Health information, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom of expression, Right of access to information, Right to family life, Right to privacy
The Applicant, Sue Axon, alleged that the Family Planning Association violated the rights of parents under article 8 of the European Convention on Human Rights (ECHR) (right to respect for private and family life). The Association provided confidential advice and treatment regarding contraception, sexually transmitted infections and abortion to persons under the age of sixteen …Read more
Christian Lawyers’ Association v. Minister of Health
Country: South AfricaYear: 2004
Court: High Court - Transvaal Provincial Division
Citation: 2004 (10) BCLR 1086 (T)
Health Topics: Child and adolescent health, Informed consent, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to health, Right to liberty and security of person, Right to privacy
Christian Lawyers’ Association (“plaintiff”) submitted an action seeking to find unconstitutional sections of the Choice on Termination of pregnancy Act 92 of 1996 (“the Act”). The sections enabled women under the age of 18 to terminate their pregnancy without restrictions such as parental consent, parental consultation, required counselling, or a waiting period (collectively called “parental …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
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
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
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
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
Planned Parenthood v. Danforth
Country: United StatesYear: 1976
Court: Supreme Court
Citation: 428 U.S. 52 (1976)
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
Petitioners brought this action against the Attorney General of Missouri, seeking to enjoin enforcement of House Committee Substitute for House Bill No. 1211 (the Act), which attempted to regulate both the abortion procedure and the circumstances surrounding such procedures. Petitioners claimed the Act violated the right to privacy under the due process clause of the …Read more