58 judgments found.

Caleb Orozco v. Attorney General of Belize

Country: Belize
Year: 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
Facts:

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

Tags: Access to health care, Access to treatment, AIDS, Assault, Buggery, Bullying, Counselling, Depression, Diagnostics, Gay, Hazing, HIV, HIV positive, HIV status, Homosexual, Lesbian, LGBTI, Molestation, Most-at-risk, Non-disclosure, People living with HIV/ AIDS, PLHIV, Queer, Rape, Secrecy, Sexual abuse, Sexual assault, Sexual harassment, Sexual orientation, Sexual violence, Sexually transmitted diseases, Sodomy, STDs, STIs, Transmission, Trauma
Download Judgment: English

In the Matter of the Law on Termination of Pregnancy in Northern Ireland

Country: United Kingdom
Year: 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
Facts:

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

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Disabled, Family planning, Health regulation, Infant health, Infant mortality, Informed choice, Late-term abortion, Maternal health, Maternal mortality, Patient choice, Pregnancy, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Termination of pregnancy, Therapeutic abortion, Unsafe abortion, Violence against women
Download Judgment: English

X and Y v. Georgia

Country: Georgia
Year: 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
Facts:

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

Tags: Assault, Domestic abuse, Domestic violence, Molestation, Rape, Sexual abuse, Sexual assault, Sexual violence, Violence against women
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National Legal Services Authority v. Union of India and others

Country: India
Year: 2014
Court: Supreme Court
Citation: [(2014) 5 SCC 438]
Health Topics: Health care and health services, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of expression, Right to life, Right to privacy
Facts:

Members of transgender community sought a legal declaration of their gender identity, instead of the male or female identity assigned to them at the time of their birth, claiming that that non-recognition of their gender identity violated Articles 14 and 21 of the Constitution of India (the “Constitution”). Hijras and eunuchs, who were also members …Read more

Tags: Access to health care, AIDS, Gender identity, Gender reassignment, HIV, HIV positive, Intersex, LGBTI, Most-at-risk, Queer, Sex reassignment, Sexual assault, Sexual orientation, Sexual violence, Transgender, Transsexual
Download Judgment: English

R. v. Hutchinson

Country: Canada
Year: 2014
Court: Supreme Court of Canada
Citation: 2014 SCC 19
Health Topics: Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity
Facts:

The complainant agreed to sexual activity with Mr. Hutchinson, and insisted on him using a condom to prevent her from getting pregnant. However, Mr. Hutchinson poked holes in the condom and the complainant became pregnant. The complainant stated that she did not consent to unprotected sex. Mr. Hutchinson was charged with aggravated sexual assault. The …Read more

Tags: Birth control, Contraception, Contraceptives, Pregnancy, Sexual assault
Download Judgment: English

Canada (Attorney General) v. Bedford

Country: Canada
Year: 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
Facts:

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

Tags: Assault, Criminalization, Indigent, Job safety, Occupational hazards, Occupational health and safety, Poor, Rape, Safe working conditions, Sex workers, Sexual assault, Sexual violence, Violence against women
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R. v. Felix

Country: Canada
Year: 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
Facts:

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

Tags: Assault, Condoms, Contraception, Contraceptives, Disclosure, HIV, HIV positive, HIV status, Informed choice, Non-disclosure, People living with HIV/AIDS, PLHIV, Rape, Sexual abuse, Sexual assault, Sexual violence, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English

F., A. L. s/ Medida Autosatisfactiva

Country: Argentina
Year: 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
Facts:

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

Tags: Abortion, Access to health care, Assault, Children, Domestic abuse, Domestic violence, Health care professionals, Health care workers, Judicial bypass, Public hospital, Rape, Sexual abuse, Sexual assault, Sexual violence, Termination of pregnancy, Therapeutic abortion
Download Judgment: Spanish

R v. DAI

Country: Canada
Year: 2012
Court: The Supreme Court of Canada
Citation: [2012] SCC 5
Health Topics: Disabilities, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The Crown alleged that the complainant, a 26-year-old woman with the mental age of a three to 6-year-old was repeatedly sexually assaulted by her mother’s partner D.A.I during the four years that he lived in their home. The Crown sought to call the complainant to testify about the alleged assaults. The trial judge found that …Read more

Tags: Assault, Competence to testify, Differently abled, Disabled, Handicapped, Incapacity, Incompetence, Law enforcement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Psychology, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Violence against women
Download Judgment: English

R. v. Mabior

Country: Canada
Year: 2012
Court: Supreme Court
Citation: 2012 SCC 47; 2010 MBCA 93
Health Topics: HIV/AIDS, Infectious diseases, Medicines, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity
Facts:

The Respondent was charged with nine counts of aggravated sexual assault for not disclosing his HIV-positive status to nine Complainants before engaging in sexual intercourse with them. None of the Complainants tested positive for HIV. At trial, the Respondent was convicted on six counts and acquitted on three. He was acquitted on the basis of …Read more

Tags: Antiretrovirals, ARVs, Contraception, Contraceptives, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV, Rape, Sexual assault, STDs, STIs, Transmission
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