Nelson v. Livermore
Country: CanadaYear: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 712
Health Topics: Health care and health services, Informed consent, Mental health, Prisons, Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Rodney Nelson sought judicial review of his involuntary admission to a psychiatric hospital under Ontario’s Mental Health Act (“MHA”) and an order for his immediate release due to rights infringements. Nelson had a lengthy history of crimes with many violent offences, including sexual offences against women and children. A psychiatrist completed an application for psychiatric …Read more
Caleb Orozco v. Attorney General of Belize
Country: BelizeYear: 2016
Court: Supreme Court of Belize
Citation: Claim 668 of 2010
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of expression, Right to health, Right to privacy
The Claimant, Caleb Orozco, a citizen of Belize was a homosexual male and a health educator. In the Supreme Court of Belize, he challenged the constitutional validity of Section 53 of the Belize Criminal Code to the extent that it criminalized anal sex between two consenting male adults. Section 53 of the Criminal Code stated …Read more
Equality Now and Ethiopian Women Lawyers Association (EWLA) v. Federal Republic of Ethiopia
Country:Year: 2015
Court: African Commission on Human and Peoples' Rights
Citation: Communication 341/2007
Health Topics: Child and adolescent health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial
A 13-year-old girl was abducted and raped by Aberew Jemma Negussie (accused) and his accomplices. The medical report proved non-consensual sexual intercourse. The accused was released on bail and he abducted the girl again and forced her to sign a marriage contract. The girl managed to escape. The accused was sentenced to 10 years of …Read more
In the Matter of the Law on Termination of Pregnancy in Northern Ireland
Country: United KingdomYear: 2015
Court: The High Court of Justice in Northern Ireland, Queen’s Bench Division
Citation: [2015] NIQB 96; 2014 No. 125661/01
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
The Northern Ireland Human Rights Commission (“Commission”) brought an application alleging that the rights of women in Northern Ireland who are or become pregnant with a serious malformation of the fetus (SMF), fatal fetal abnormality (FFA) or who are pregnant as a result of sexual crimes were being breached by Section 58 and Section 59 …Read more
X and Y v. Georgia
Country: GeorgiaYear: 2015
Court: Committee on the Elimination of All Forms of Discrimination Against Women
Citation: Communication No. 24/2009; U.N. Doc. CEDAW/C/61/D/24/2009
Health Topics: Violence
Human Rights: Freedom from discrimination
X and her daughter Y claimed a long history of physical and sexual assault at the hands of X’s husband, who was Y’s father. X was raped by him in 1987 and later married him, believing that Georgian social and cultural norms defining virginity as essential to female virtue compelled her to marry him or …Read more
Valetov v. Kazakhstan
Country: KazakhstanYear: 2014
Court: United Nations Human Rights Committee
Citation: Communication No. 2104/2011
Health Topics: Health care and health services, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial
Nikolai Valetov, a Russian national, was arrested and charged in June 2001 with murder by Kyrgyzstan authorities while living in Kyrgyzstan. In addition to maintaining that he was framed for this crime by the police, Valetov further claimed that he was tortured by the police so severely while in pre-trial detention that he was permanently …Read more
Canada (Attorney General) v. Bedford
Country: CanadaYear: 2013
Court: Supreme Court
Citation: 2013 SCC 72
Health Topics: Occupational health, Poverty, Violence
Human Rights: Right to favorable working conditions, Right to liberty and security of person, Right to work
Three applicants, who were all current or former prostitutes, challenged the constitutionality of three provisions of the Criminal Code, R.S.C. 1985. The three provisions outlawed “bawdy-houses” (also referred to as brothels), “living on the avails” (living off of a prostitutes profits), and public communication with prostitutes. Prostitution was legal in Canada, however, Parliament was allowed …Read more
P. and S. v. Poland
Country: PolandYear: 2013
Court: European Court of Human Rights
Citation: Application No. 57375/08
Health Topics: Health care and health services, Health information, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to liberty and security of person, Right to privacy
The Applicants were a Polish girl who was raped at the age of 14, resulting in pregnancy, and her mother. The applicants alleged that, when they sought an abortion, which is legal under Polish law for pregnancy resulting from rape, hospital staff attempted to dissuade the girl from having an abortion. At one hospital, she …Read more
R. v. Felix
Country: CanadaYear: 2013
Court: Ontario Court of Appeal
Citation: 2013 ONCA 415
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
As a result of his alleged non-disclosure of his HIV-positive status to 3 complainants prior to engaging in sexual relations, the appellant (defendant), Lester Felix, was convicted of five counts of aggravated sexual assault and one count of sexual assault. Felix appealed all convictions. There was no evidence of the appellant’s level of risk of …Read more
F., A. L. s/ Medida Autosatisfactiva
Country: ArgentinaYear: 2012
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Expte. Nº 21.912-F-2010
Health Topics: Child and adolescent health, Hospitals, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to family life, Right to health
A fifteen-year old teenager became pregnant as a result of being sexually abused by her stepfather. In the eight week of pregnancy, through her legal representative, she asked the judiciary to order doctors of a public hospital to perform her abortion. She based her claim on article 86. 2 of the National Criminal Code (the “Criminal …Read more