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
Gonzales v. Carhart
Country: United StatesYear: 2007
Court: Supreme Court
Citation: 550 U.S. 124 (2007)
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The Respondents, doctors who performed second-trimester abortions, brought suit challenging the constitutionality of the federal Partial Birth Abortion Ban Act of 2003 (the Act). The Act banned second trimester abortions using the “intact Dilation & Extraction” (intact D&E) method in which the doctor removed the fetus intact, or largely intact, rather than breaking the fetus …Read more
Ramírez Jacinto, et al. v. Mexico
Country: MexicoYear: 2007
Court: Inter-American Commission on Human Rights
Citation: Ramírez Jacinto v. Mex., Case 161/02, Inter-Am. Comm’n H.R., Report No. 21/07, OEA/Ser.L/V/II.130, doc. 22, rev. 1 (2007).
Health Topics: Child and adolescent health, Health care and health services, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of religion, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to liberty and security of person, Right to privacy
Paulina del Carmen Ramírez Jacinto, a minor child, filed a complaint against the United Mexican States for violating her human rights of when she allegedly became pregnant as a result of a rape when she was fourteen years old and was prevented by the state authorities from exercising her right to terminate that pregnancy as …Read more
Titiahonjo v. Cameroon
Country: CameroonYear: 2007
Court: United Nations Human Rights Committee
Citation: CCPR/C/91/D/1186/2003
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons, Sexual and reproductive health, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right to due process/fair trial, Right to liberty and security of person, Right to life, Rights to the benefits of culture
The author of the communication was the wife of the alleged victim, a Cameroon citizen. The author alleged that a group of police officers broke into her house without a warrant, claiming to be looking for a gun, and began beating her husband (as well as battering the author, who was in an advanced state …Read more
Tysiąc v. Poland
Country: PolandYear: 2007
Court: European Court of Human Rights
Citation: App. No. 5410/03, 45 Eur. H.R. Rep. 42 (2007).
Health Topics: Disabilities, Health care and health services, Health information, 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 bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy
Applicant alleged a violation of Article 8 (right to respect for private and family life) of the Convention when she had been refused a therapeutic abortion considered legal under the Family Planning Act of Poland–when the pregnancy is thought to endanger the mother’s life, as was the case here. Applicant suffered from severe myopia and …Read more
Afdeling Bestuursrechtspraak van de Raad van State [Administrative Jurisdiction of the Council of State], 11 October 2006, nr200600633/1, LJN:AY9897
Country: NetherlandsYear: 2006
Court: Afdeling bestuursrechtspraak van de Raad van State (Administrative Jurisdiction Department of the Council of State)
Citation: 11 October 2006, nr200600633/1, LJN:AY9897
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Medicines, Public safety, Sexual and reproductive health
According to the Benefit Entitlement Act (“BEA”), health care providers who offer medically necessary care to illegal immigrants must be compensated for their expenses. To achieve this, the BEA increased the budget of the Ministry of Health, Welfare and Sports (“the Ministry”). Instead of managing the compensation fund itself, the Ministry appointed the Foundation Koppeling …Read more
Byrzykowski v. Poland
Country: PolandYear: 2006
Court: European Court of Human Rights
Citation: Application No. 11562/05
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to life
Applicant, a Polish national, claimed violations of Articles 2 (right to life) and 6 (timely investigation) of the European Convention on Human Rights (ECHR) when he was unable to convince authorities to investigate potential mistreatment of his wife, who fell into a coma and died during labor after receiving an epidural. Following the wife’s death, …Read more
Case C-355/06
Country: ColombiaYear: 2006
Court: Corte Constitucional [Constitutional Court]
Citation: Sentencia C-355/06
Health Topics: Child and adolescent health, Health systems and financing, Mental health, Poverty, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to development, Right to health, Right to liberty and security of person, Right to life
Women petitioners brought a tutela action (appeal for legal protection) requesting that the Court declare unconstitutional particular provisions of the Penal Code (Articles 122 (criminalized abortion), 123 (criminalized abortion without consent), and 124 (mitigating circumstances)) that criminalized abortion, claiming that, first, the doctrine of res judicata did not apply to them with regards to previous decisions …Read more
Doctors for Life International v. Speaker of the National Assembly, et al.
Country: South AfricaYear: 2006
Court: Constitutional Court
Citation: [2006] ZACC 11; 2006 (12) BCLR 1399 (CC); 2006 (6) SA 416 (CC)
Health Topics: Sexual and reproductive health
The applicant challenged the validity of four draft bills relating to health rights. One bill allowed registered nurses to perform abortions at certain public and private facilities. The applicant alleged that the National Council of Provinces (NCOP) and the provincial legislatures failed to fulfill their respective obligations under sections 72(1)(a) and 118(1)(a) of the Constitution …Read more
Dung Thi Thuy Nguyen v. The Netherlands
Country: NetherlandsYear: 2006
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 3/2004, UN Doc. CEDAW/C/36/D/3/2004 (29 August 2006).
Health Topics: Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to social security
The author was a resident of the Netherlands who was employed in a part-time salaried position and was also simultaneously self-employed, working with her husband at his business. She was insured under the Sickness Benefits Act (“ZW”) in relation to her salaried position and under the Invalidity Insurance (Self-Employed Persons) Act (“WAZ”) in relation to …Read more