27 judgments found.

V.C. v. Slovakia

Country: Slovakia
Year: 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
Facts:

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

Tags: Birth control, Caesarean, Childbirth, Compulsory sterilization, Contraception, Contraceptives, Family planning, Forced sterilization, Forced treatment, Health facilities, Inappropriate treatment, Infertility, Informed choice, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Mandatory treatment, Maternal health, Maternal mortality, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
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Case of K.H and Others v. Slovakia

Country: Slovakia
Year: 2009
Court: The European Court of Human Rights
Citation: Application no. 32881/04
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

The applicants are Slovakian females. After their treatment in two Eastern Slovakian hospitals for their pregnancies and deliveries, they could not conceive after multiple attempts. They suspected that a sterilisation procedure must have been conducted during their caesarean delivery. The lawyers of the plaintiffs attempted to get their medical records from the hospitals but were …Read more

Tags: Caesarean, Childbirth, Clinics, Compulsory sterilization, Forced sterilization, Health facilities, Inappropriate treatment, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
Download Judgment: English

K.H. and Others v. Slovakia

Country: Slovakia
Year: 2009
Court: European Court of Human Rights
Citation: App. No. 32881/04, 49 Eur. Ct. H.R. 34 (2009).
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life
Facts:

The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more

Tags: Caesarean, Compulsory sterilization, Compulsory treatment, Disclosure, Family planning, Fertility, Forced sterilization, Forced treatment, Freedom of information, Health care professionals, Health care workers, Health data, Health records, Health regulation, Inappropriate treatment, Indigent, Infertility, Informed choice, Involuntary treatment, Low income, Mandatory sterilization, Maternal health, Medical records, Non-consensual testing and treatment, Non-disclosure, Patient choice, Poor, Pregnancy, Public hospitals, Secrecy, Sterilization, Tort, Unauthorized treatment, Underprivileged
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I.V. v. Bolivia (Admissibility)

Country: Bolivia
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 40/08, Petition 270-07, July 23, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Informed consent, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to privacy
Facts:

In 2000, the Ombudsman of Bolivia, on behalf of the victim, lodged a petition to the Inter-American Commission on Human Rights alleging that victim was submitted to a surgical procedure of ligature of the fallopian tubes in a public hospital without her informed consent and this was therefore an involuntary sterilization. The Ombudsman further alleged …Read more

Tags: Caesarean, Childbirth, Forced sterilization, Forced treatment, Infertility, Informed choice, Involuntary sterilization, Involuntary treatment, Maternal health, Maternal mortality, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
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A.S. v. Hungary

Country: Hungary
Year: 2006
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 4/2004, U.N. Doc. CEDAW/C/36/D/4/2004 (July 14, 2006).
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to family life, Right to health
Facts:

A.S., a Hungarian-Roma woman in labor, was taken to a public hospital in shock and bleeding heavily. Because the fetus was dead, attending personnel informed her that a caesarean section was needed to remove the fetus. While on the operating table, she was asked to sign a statement of consent, including a hand-written note requesting …Read more

Tags: Caesarean, Compulsory sterilization, Forced sterilization, Informed choice, Involuntary sterilization, Sterilization
Download Judgment: English

Falcón, María Liliana v. Hospital Vidal

Country: Argentina
Year: 2006
Court: Superior Provincial Court of Justice in the Province of Corrientes [Superior Tribunal de Justicia de Corrientes]
Citation: Falcon Maria Liliana c/ Hospital Vidal de la ciudad de Corrientes y/o Ministerio de Salud Publia de Corrientes y/o Estado de la Provincia Decorrientes s/ Amparo, Expediente Nº 25438/05, Superior Tribunal de Justicia de Corrientes (STJ Ctes.)(Superior Tribunal of Justice: highest provincial court in the province of Corrientes), 12/4/2006 (Arg.).
Health Topics: Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health, Right to liberty and security of person
Facts:

Falcon María Liliana filed anguarantee of protection of individual constitutional rights (amparo protection) against a hospital in Argentina for refusing to perform a sterilization procedure during the birth of her seventh child. The plaintiff had requested doctors to perform a ligation of her Fallopian tubes, and/or any other necessary procedure, during a planned caesarean section …Read more

Tags: Access to treatment, Assisted reproductive technology, Birth control, Contraception, Contraceptives, Family planning, Fertility, Health facilities, Informed choice, Patient choice, Public hospitals, Sterilization
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Case 248357

Country: France
Year: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°248357, 26 September 2005
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life
Facts:

In 2002, the ASSOCIATION AGAINST HANDIPHOBIA brought this challenge to Article L. 2123-2 of the Public Health Code, which allows for a guardian judge to impose contraception, sterilization and pregnancy termination on people with mental disabilities after rigorous review. The Association claimed the law was unconstitutional, a violation of the Declaration of the Rights of …Read more

Tags: Abortion, Compulsory sterilization, Compulsory treatment, Contraception, Forced abortion, Forced sterilization, Forced treatment, Incapacity, Incompetence, Involuntary sterilization, Involuntary treatment, Judicial bypass, Mandatory treatment, Mental competence, Mental disability, Mental retardation, Minor, Non-consensual testing and treatment, Parental consent, Pregnancy, Sterilization, Termination of pregnancy
Download Judgment: English French

Case 43/2005 (XI. 14)

Country: Hungary
Year: 2005
Court: Constitutional Court
Health Topics: Aging, Health information, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to privacy
Facts:

The case involved two petitions that required the Constitutional Court to examine certain elements that imposed regulations on sterilization. The first petitioner challenged the constitutionality of the Minister of Health Decree 12/1987 (VIII. 19.) EüM on Sterilization (hereinafter “D1”), which imposed certain restrictions (related to age and number of prior blood children) on a person …Read more

Tags: Birth control, Compulsory sterilization, Confidentiality, Contraception, Contraceptives, Disclosure, Family planning, Forced sterilization, Health records, Informed choice, Involuntary sterilization, Mandatory sterilization, Maternal health, Medical records, Non-disclosure, Notification, Patient choice, Pregnancy, Secrecy, Spousal consent, Spousal notification, Sterilization
Download Judgment: English

Cattanach v. Melchior

Country: Australia
Year: 2003
Court: High Court
Citation: (2003) 215 CLR 1; (2003) 199 ALR 131; (2003) 77 ALJR 1312; [2003] HCA 38
Health Topics: Child and adolescent health, Medical malpractice, Sexual and reproductive health
Facts:

The respondents (plaintiffs at first instance), a married couple, decided not to have any more children. Mrs. M elected to have sterilization surgery (tubal litigation) performed by the appellant (defendant). Mrs. M told the appellant that her right fallopian tube had been removed and on examination that appeared to be correct, so appellant only performed …Read more

Tags: Child development, Childbirth, Children, Compensation, Damages, Duty of care, Family planning, Health care professionals, Negligence, Pregnancy, Sterilization, Tort
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Maria Mamerita Mestanza Chavez v. Peru

Country: Peru
Year: 2003
Court: Inter-American Commission on Human Rights
Citation: Report No. 66/00, Case 12.191, October 3, 2000; OEA/Ser./L/V/II.111, doc. 20 rev., 16 April 2001
Health Topics: Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
Facts:

A group of NGOs lodged a petition with the Commission alleging that Peru violated Maria Mamérita Mestanza Chávez’s rights on account of a forced sterilization that resulted in her death. Peru implemented a family planning policy involving compulsory and systematic sterilization in order to modify the reproductive behavior of the population. Poor, indigenous, and rural …Read more

Tags: Childbirth, Compulsory sterilization, Compulsory treatment, Forced sterilization, Forced treatment, Inadequate treatment, Indigenous groups, Indigent, Infertility, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Mandatory treatment, Maternal health, Maternal mortality, Negligence, Non-consensual testing and treatment, Poor, Pregnancy, Sterilization, Unauthorized treatment
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