94 judgments found.

A, B and C v. Ireland

Country: Ireland
Year: 2010
Court: European Court of Human Rights
Citation: A, B, and C v. Ir., App. No. 25579/05, Eur. Ct. H.R. 2032 (2010).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, 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
Facts:

Three applicants, two Irish nationals and one Lithuanian national, travelled to the United Kingdom in 2005 to have an abortion, each applicant believing they were not entitled to an abortion in Ireland. The first applicant decided to have an abortion to avoid jeopardizing her chances of reuniting her four previous children who were in foster …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to drugs, Access to health care, Access to medicines, Access to treatment, Awareness, Cancer, Criminalization, Degrading treatment, Depression, Family planning, Freedom of information, Health care professionals, Health care workers, Health education, Health regulation, Humiliating treatment, Noncommunicable diseases, Pregnancy, Suicide, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Abortion Supervisory Committee v. Right to Life New Zealand Inc.

Country: New Zealand
Year: 2010
Court: Court of Appeal
Citation: [2011] NZCA 246
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to life, Right to privacy
Facts:

This case is an appeal from the High Court. An appeal from this case was dismissed by the Supreme Court in [2012] NZSC 68. A cross-appeal was filed by the respondent, the Right to Life New Zealand Inc (RTL), which asserted the lower court erred by finding the unborn child had no right to life and …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Clinics, Conscientious objection, Counseling, Diagnostics, Health care professionals, Health care workers, Health facilities, Health records, Health regulation, Medical records, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Case 3364/2010

Country: Spain
Year: 2010
Court: Supreme Court
Citation: STS 3364/2010
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Facts:

Plaintiff went to the hospital to obtain an amniocentesis, which reported a karyotype of 46, XY normal. Upon plaintiff’s son’s birth, 6 months later, doctors suspected the child suffered from Down syndrome. Testing of the child’s blood revealed a karyotype of 47 XY +21. Rechecking the original amniotic fluid also found an abnormality. The error …Read more

Tags: Abortion, Abortion counseling, Child development, Compensation, Damages, Differently abled, Disabled, Family planning, Negligence, Public hospital, Termination of pregnancy, Testing
Download Judgment: English Spanish

Case STS 21-6-2010

Country: Spain
Year: 2010
Court: Supreme Court
Health Topics: Controlled substances, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of religion
Facts:

The applicants, Mr. Eulalio and Mrs. Ariadna worked as nurses at the Prison of Albacete. The prison had, allegedly, implemented the so-called Syringe Exchange Program (“Program”), a public health program developed by the Penitentiary Health General Sub-Directorate. The experimental Program was launched with the objective of preventing the transmission of diseases between inmates by, among …Read more

Tags: Abortion, Addiction, Conscientious objection, Custody, Drug abuse, Drug use, Harm reduction, Health care professionals, Health care workers, IDUs, Imprisonment, Incarceration, Injecting drug users, Inmate, Jail, People who use drugs, Rehabilitation, Substance abuse, Termination of pregnancy
Download Judgment: English

N. R. F. s/ abuso sexual s/ incidente solicitud interrupción embarazo s/apelaciones

Country: Argentina
Year: 2010
Court: Criminal Court of Appeal [Cámara Primera en lo Criminal]
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health, Violence
Human Rights: Right to health
Facts:

A girl allegedly raped claimed for abortion under the art. 86 (2) of the Criminal Code of Argentina, which excluded women from criminal liability when they have been raped and they were mentally disabled.  The girl had no disabilities. The First Instance Court authorized the abortion and, fifteen minutes later, gave notice to mass media. …Read more

Tags: Abortion, Access to treatment, Criminalization, Maternal health, Minor, Pregnancy, Rape, Sexual assault, Termination of pregnancy
Download Judgment: Spanish

Case 723/2009

Country: Spain
Year: 2009
Court: Supreme Court of Justice of Cataluña
Citation: STSJC 723/2009 (Ángel and Others v. Servei Català de la Salut and Consorci Sanitari Integral)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The appellants, parents of a child with microephaly disorder, alleged medical malpractice in that the failure of medical services to identify and inform them of their daughter’s condition during the pregnancy denied them the choice to terminate that pregnancy. In July of 2001, the appellants’ daughter was born and the appellants were informed that she …Read more

Tags: Abortion, Child development, Children, Compensation, Damages, Diagnostics, Examination, Inadequate treatment, Infant health, Informed choice, Misdiagnosis, Patient choice, Pediatric health, Pregnancy, Termination of pregnancy
Download Judgment: English

Case T-388/09

Country: Colombia
Year: 2009
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Octava de Revisión mayo 28, 2009, M.P.: Humberto Antonio Sierra Porto, Sentencia T-388/09 (Colom.).
Health Topics: Health care and health services, Health systems and financing, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

The petitioner, a Colombian national, filed a tutela (an appeal for legal protection) on behalf of his partner who was 19 weeks pregnant. The petitioner’s partner underwent examination and discovered that the fetus exhibited serious malformations that made the fetus unviable. Despite the advice of a board of specialists to terminate the pregnancy, the local health …Read more

Tags: Abortion, Access to health care, Access to treatment, Clinics, Conscientious objection, Criminalization, Family planning, Health care professionals, Health expenditures, Health facilities, Health funding, Health insurance, Out-of-pocket expenditures, Pregnancy, Private hospitals, Public hospitals, Subsidies, Termination of pregnancy, Unsafe abortion
Download Judgment: Spanish

In the Matter of an Application by the Society for the Protection of Unborn Children for Judicial Review

Country: United Kingdom
Year: 2009
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2009] NIQB 92
Health Topics: Health care and health services, Health information, Informed consent, Sexual and reproductive health
Human Rights: Right to life
Facts:

The law applicable to abortion and medically induced miscarriages in Northern Ireland was a 19th century law (the Offences against the Person Act 1861), which made it a crime to procure a miscarriage. Courts had interpreted this principle to decide that if a person who procured the abortion acted in good faith for the purpose …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Conscientious objection, Health education, Informed choice, Late-term abortion, Maternal health, Miscarriage, Partial birth abortion, Patient choice, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Right to Life New Zealand Inc. v. Abortion Supervisory Committee (Judgment on Declaratory Relief)

Country: New Zealand
Year: 2009
Court: High Court
Citation: [2009] NZHC 1215
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to life
Facts:

In an earlier decision – Right to Life New Zealand Inc v the Abortion Supervisory Committee [2008] NZHC 865 – the presiding judge reserved his opinion on whether he ought to order declaratory relief in favour of the applicant, Right to Life New Zealand Inc (RTL). In that case RTL successfully argued that the respondent, …Read more

Tags: Abortion, Access to treatment, Health regulation, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Advocate Achyut Prasad Kharel v. Government of Nepal

Country: Nepal
Year: 2008
Court: Supreme Court
Citation: Writ No. 3352 of the year 2061 BS (2004 AD)
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to bodily integrity, Right to health, Right to life
Facts:

The petition challenged clause (1) of  No. 28B of the Chapter on Life in the National Code which provided that “a health worker attaining the qualification as prescribed, may, with the consent of the concerned pregnant women, remove her fetus within 12 weeks of conception” (the Clause). The Petitioner contended that this was contrary to …Read more

Tags: Abortion, Health care professionals, Health care workers, Pregnancy, Spousal consent, Spousal notification, Termination of pregnancy
Download Judgment: English