CES and Anr. v. Superclinics and Ors.
Country: AustraliaYear: 1995
Court: Supreme Court of New South Wales
Citation: (1995) 38 NSWLR 47; (1995) Aust Torts Reports 81-360
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity
CES (‘the first appellant’) sought damages from Superclinics (‘respondent’) for the loss of an opportunity to terminate her pregnancy. The first appellant, a 21-year-old woman, visited a doctor at Superclinics after she missed her period. She stated that if she were found to be pregnant, she would like the pregnancy terminated. The doctor did not …Read more
Case 94-343/344 DC
Country: FranceYear: 1994
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°94-343/344 DC, 27 July 1994
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to life, Rights to the benefits of culture
The Speaker of the National Assembly and sixty-eight deputies lodged a constitutional challenge in the Conseil Constitutionnel against several controversial provisions in the field of reproductive health. These were articles 8, 9, 10, 12 and 14 of law n°75-17, Loi relative au respect du corps humain et loi relative au don et à l’utilisation des …Read more
R. v. Morgentaler
Country: CanadaYear: 1993
Court: Supreme Court
Citation: [1993] 2 S.C.R. 463
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to liberty and security of person
Section 251(4) of the Criminal Code of Canada (the Code) permitted abortions to be performed only at accredited hospitals and then with approval from the performing hospital’s therapeutic abortion committee. Drs. Morgentaler, Smoling, and Scott had together established an abortion clinic in Toronto to perform abortions not approved by a therapeutic abortion committee. Following public …Read more
Attorney General v. X
Country: IrelandYear: 1992
Court: Supreme Court
Citation: [1992] 1 IR 1 (5th March, 1992)
Health Topics: Child and adolescent health, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom of movement and residence, Right to bodily integrity, Right to life
The first defendant was a fourteen and a half year old girl who became pregnant after being raped by a family friend. Her parents (second and third defendants) reported the rape to the police and inquired whether there was a process available to test the paternity of the fetus before the defendants aborted the pregnancy …Read more
Open Door and Dublin Well Women v. Ireland
Country: IrelandYear: 1992
Court: European Court of Human Rights
Citation: Application No. 14234/88 and 14235/88; (1993) 15 EHRR 244; [1992] ECHR 68; (1992) 246 Eur. Ct. H.R. (ser A)
Health Topics: Health care and health services, Health information, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Right of access to information, Right to life, Right to privacy
The Applicants were two Irish companies that provided counseling to pregnant women, Open Door Counselling Ltd. and Dublin Well Woman Centre Ltd.; two counselors who worked for Dublin Well Woman, Bonnie Maher and Ann Downes; and two women of childbearing age, Mrs. X and Mrs. Geraghty. The Society for the Protection of Unborn Children brought …Read more
Planned Parenthood v. Casey
Country: United StatesYear: 1992
Court: Supreme Court
Citation: 505 U.S. 833 (1992)
Health Topics: Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Planned Parenthood brought suit challenging the Pennsylvania Abortion Control Act of 1982 (the Act) in federal court on constitutional grounds. The Act included the following requirements for women seeking an abortion in Pennsylvania: A woman seeking an abortion must give her informed consent prior to the abortion procedure, and she must provide certain information at …Read more
Case 64/1991 (XII. 17) AB
Country: HungaryYear: 1991
Court: Constitutional Court
Health Topics: Child and adolescent health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of religion, Right to bodily integrity, Right to life
Two groups of petitioners, one pro-life and the other pro-choice, challenged provisions regulating abortion in Article 29(4) of the Health Act, Decree 76/1988. (XI.3.) MT, and its implementing Decree 15/1988. (XII. 15) SZEM. Article 29(4) established that abortion would be permitted in circumstances outlined under the regulations. The implementing regulations in Decree 15/1988 provided that …Read more
Rust v. Sullivan
Country: United StatesYear: 1991
Court: Supreme Court
Citation: 500 U.S. 173 (1991)
Health Topics: Health care and health services, Health information, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
In 1970, Congress enacted Title X of the Public Health Service Act (the Act), which provided federal funding for family planning services. Section 1008 of the Act prohibited the use of Title X federal funding “for programs where abortion [was] a method of family planning.” The Regulations to the Act (the Regulations), introduced by the …Read more
Hodgson v. Minnesota
Country: United StatesYear: 1990
Court: Supreme Court
Citation: 497 U.S. 417 (1990)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The Appellants brought this case challenging an amendment to the Minors’ Consent to Health Services Act (the Act) on the basis that it violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the Constitution. Subdivision 2 of the Act provided, with certain exceptions, that no abortion shall be performed on a …Read more
Ohio v. Akron Center for Reproductive Health
Country: United StatesYear: 1990
Court: Supreme Court
Citation: 497 U.S. 450 (1990)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The Respondents, including a facility that provides abortions, a physician who performs abortions, and a minor woman who sought an abortion, brought suit challenging the constitutional validity of Ohio’s Amended Substitute House Bill 319, which made it a criminal offence, except in four specified circumstances, for a physician or other person to perform an abortion …Read more