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371 judgments found.
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
Country:
Australia Year: 2003
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 472; [2003] NSWCCA 399
Health Topics:
Child and adolescent health,
Sexual and reproductive health,
Violence Human Rights: Right to bodily integrity Facts: The respondent was charged with maliciously inflicting grievous bodily harm to Kylie Flick with intent to do grievous bodily harm. Prior to the crime, the respondent and Ms. Flick engaged in a single act of consensual sexual intercourse after which Ms. Flick became pregnant. The respondent sought to persuade Ms. Flick to have an abortion, …Read more
Tags: Assault,
Child development,
Childbirth,
Infant mortality,
Maternal health,
Miscarriage,
Termination of pregnancy,
Violence against women
Country:
United States Year: 2003
Court: 4th Circuit Court of Appeal
Citation: 330 F.3d 630 (2003)
Health Topics:
Health care and health services,
Medicines,
Prisons,
Sexual and reproductive health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment Facts: The Appellant, Ophelia Azriel De’lonta (born Michael A. Stokes), a Virginia inmate suffering from gender identity disorder (GID) (also known as gender dysphoria or transsexualism), brought suit against the Respondents, the Director of and doctors at the Virginia Department of Corrections (VDOC), alleging that they inflicted cruel and unusual punishment on her, in violation of …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Detention,
Gender identity,
Hormone therapy,
Imprisonment,
Incarceration,
Inmate,
Intersex,
Jail,
Pharmaceuticals,
Secondary care,
Sex reassignment,
Tertiary care,
Torture,
Transgender,
Transsexual
Country:
Germany Year: 2003
Court: European Court of Human Rights
Citation: Application No. 35968/97; (2003) 37 EHRR 51
Health Topics:
Health care and health services,
Health systems and financing,
Mental health,
Sexual and reproductive health Human Rights: Right to due process/fair trial,
Right to privacy Facts: The applicant was registered as a male at birth. In 1991, The District Court granted the applicant’s request to change her forenames to Carola Brenda after hearing from several psychiatric and psychological experts who determined that the applicant was a male-to-female transsexual and had been for the last three years living as a female. In …Read more
Tags: Access to treatment,
Counseling,
Gender identity,
Gender identity disorder,
Gender reassignment,
Health insurance,
Hormone therapy,
Infertility,
LGBTI,
Mental disorder,
Mental illness,
Out-of-pocket expenditures,
Psychology,
Reimbursement,
Sex reassignment,
Transgender,
Transsexual
Country:
Turkey Year: 2003
Court: European Court of Human Rights
Citation: Application No. 24209/94; (2003) 39 EHRR 715; [2003] ECHR 391
Health Topics:
Informed consent,
Prisons,
Sexual and reproductive health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to privacy Facts: YF was a Turkish national. On 15 October 1993, he was taken into custody on suspicion of aiding and abetting the Kurdish Workers Party (PKK), an illegal terrorist organization. Two days later, his wife, NF, was also taken into custody. NF was held in custody for four days, during which time she was allegedly kept …Read more
Tags: Abuse,
Compulsory examination,
Custody,
Degrading treatment,
Detainee,
Detention,
Forced examination,
Humiliating treatment,
Informed choice,
Involuntary examination,
Law enforcement,
Mandatory examination,
Patient choice,
Police,
Rape,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Torture,
Violence against women
Country:
United Kingdom Year: 2003
Court: House of Lords
Citation: [2003] UKHL 52
Health Topics:
Disabilities,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to family life Facts: After conceiving as a result of a failed sterilization surgery, Karina Rees filed a claim of negligence against the Darlington Memorial NHS Trust (the Trust) to recover the costs of rearing her child. Mrs. Rees suffered from a genetic condition that had left her almost completely blind. She believed that her disability meant that raising …Read more
Tags: Disabled,
Duty of care,
Family planning,
Handicapped,
Inadequate treatment,
Inappropriate treatment,
Negligence,
Physically challenged,
Sterilization,
Tort
Country:
United States Year: 2003
Court: Supreme Court
Citation: 539 U.S. 558 (2003)
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to due process/fair trial,
Right to liberty and security of person,
Right to privacy Facts: Police officers entered a private residence in response to a report of a disturbance and came upon two men engaged in a sexual act. The men were arrested for and charged with violating a Texas state criminal law that prohibited “deviate sexual intercourse [defined as oral or anal sex] with another individual of the same sex.” …Read more
Tags: Buggery,
Criminalization,
Gay,
Homosexual,
Lesbian,
LGBTI,
Queer,
Sexual orientation,
Sodomy
Country:
China Year: 2003
Court: Intermediate People’s Court of Nanjing City [中华人民共和国江苏省南京市中级人民法院]
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right of access to information Facts: The Plaintiffs Zhen Xuefeng and Chen Guoqing were a married couple seeking a fertility treatment. They signed a contract regarding such assisted reproduction with defendant People’s hospital of Jiangsu Province (“People’s hospital”). The contract did not specify which of two fertilization techniques (Intra-Cytoplasmic Sperm Injection (“ICSI”) or In Vitro Fertilization (“IVF”)) would be used, however …Read more
Tags: Assisted reproductive technology,
Compensation,
Damages,
Emergency care,
Fertility,
Health care technology,
In utero fertilization,
In vitro fertilization,
Inappropriate treatment,
Infertility,
Informed choice,
Involuntary treatment,
Non-consensual testing and treatment,
Patient choice,
Public hospitals,
Remedies,
Unauthorized treatment
Country:
Argentina Year: 2003
Court: Superior Court of Justice of the Autonomous City of Buenos Aires [Tribunal Superior de Justicia de la Ciudad Autónoma de Buenos Aires]
Citation: Expte. nº 480/00
Health Topics:
Child and adolescent health,
Health information,
HIV/AIDS,
Sexual and reproductive health Human Rights: Right of access to information,
Right to family life,
Right to life Facts: The League of Housewives, Consumers and Users of Argentina [Liga de Amas de Casa, Consumidores y Usuarios de la República Argentina] requested that judiciary declare that articles 5 and 7 of Act 418 and its amendment 439 of the City of Buenos Aires were contrary to the National Constitution. The Plaintiff alleged that under the …Read more
Tags: Abortion,
AIDS,
Awareness,
Birth control,
Condoms,
Contraception,
Contraceptives,
Family planning,
Health education,
Health promotion,
HIV,
Parental consent,
Pregnancy
Country:
India Year: 2003
Court: Supreme Court
Citation: Writ Petition (Civil) No. 301 of 2000
Health Topics:
Health care and health services,
Health information,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination Facts: In 1996, the government of India had passed the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1995 (the “PNDT Act”) which was aimed at preventing the misuse of sex determination technology to abort girl children before birth. Female feticide had become an increasingly frequent practice in India despite the implementations of reforms that attempted …Read more
Tags: Abortion,
Advertising,
Awareness,
Family planning,
Health care technology,
Health education,
Sex-selective abortion,
Termination of pregnancy,
Testing,
Violence against women
Country:
Austria Year: 2003
Court: European Court of Human Rights
Citation: Application no. 45330/99
Health Topics:
Child and adolescent health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to privacy Facts: SL, an Austrian national, was born in 1981. SL is a homosexual and submits that he lives in a rural area of Austria where homosexuality is still taboo and suffered from the fact that he could not live his homosexuality openly and – until he reached the age of 18 – could not enter into …Read more
Tags: Buggery,
Criminalization,
Gay,
Homosexual,
Lesbian,
LGBTI,
Sexual orientation,
Sodomy
Country:
Germany Year: 2003
Court: The European Court of Human Rights
Citation: Applications no. 35968/97
Health Topics:
Health care and health services,
Health systems and financing,
Medicines,
Sexual and reproductive health Human Rights: Right to due process/fair trial,
Right to privacy Facts: The applicant instituted proceedings before the District Court to change her forename to Carola Brenda. The District Court held that the conditions under the Transsexuals Act were met and granted the request in 1991. In 1992, the applicant brought an action against a German health insurance company. She claimed reimbursement for hormone therapy and sex-reassignment …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Gender identity,
Gender reassignment,
Health funding,
Health insurance,
Hormone therapy,
Pharmaceuticals,
Reimbursement,
Sex reassignment,
Social security,
Transgender,
Transsexual
Country:
South Africa Year: 2002
Court: Constitutional Court
Citation: (CCT9/02) [2002] ZACC 16; 2002 (5) SA 703; 2002 (10) BCLR 1075 (5 July 2002)
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
HIV/AIDS,
Hospitals,
Infectious diseases,
Medicines,
Sexual and reproductive health Human Rights: Right to health Facts: The Constitutional Court was asked to determine whether the appellant (Government) was required to give effect, pending an appeal, to an order of the High Court which directed it to make the drug nevirapine available to mothers and their newborn babies in public health facilities under certain circumstances and conditions. The order concerned the programme …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Budget,
Child development,
Child mortality,
Childbirth,
Children,
Essential medicines,
First-line treatment,
Health expenditures,
Health funding,
Health spending,
HIV,
HIV positive,
Infant health,
Infant mortality,
Maternal health,
Maternal mortality,
Minor,
People living with HIV/AIDS,
Pharmaceuticals,
Pregnancy,
Public hospitals,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
South Africa Year: 2002
Court: Constitutional Court
Citation: [2002] ZACC 15; 2002 (5) SA 721; 2002 (10) BCLR 1033
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
HIV/AIDS,
Hospitals,
Infectious diseases,
Medicines,
Sexual and reproductive health Human Rights: Right to health Facts: The government of South Africa developed a national public health program to address mother-to-child transmission of HIV. The purpose of the program was to offer HIV-positive pregnant women nevirapine, a drug that prevents the transmission of HIV at birth, free of charge. The program was, however, limited in scope. It only offered nevirapine at certain …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
AIDS,
Antiretrovirals,
ARVs,
Budget,
Child development,
Child mortality,
Childbirth,
Children,
Essential medicines,
First-line treatment,
Health expenditures,
Health funding,
Health spending,
HIV,
HIV positive,
Infant health,
Infant mortality,
Maternal health,
Maternal mortality,
Minor,
People living with HIV/AIDS,
Pharmaceuticals,
Pregnancy,
Public hospitals,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs
Country:
Uganda Year: 2002
Court: Constitutional Court at Kampala
Citation: [2002] UGCC 1; Constitutional Petition No. 2 of 2001
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals,
Informed consent,
Prisons,
Sexual and reproductive health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to health,
Right to liberty and security of person,
Right to life,
Right to privacy,
Right to water and sanitation Facts: On June 21, 2001, the petitioner delivered a baby by the roadside and visited the second respondent’s Naguru Maternity Home/Clinic with the baby still attached to her. She received no medical care and was referred to another hospital. The petitioner was unable to walk the distance and was forced to sit outside with her newborn …Read more
Tags: Access to health care,
Access to treatment,
Childbirth,
Clinics,
Compulsory examination,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Emergency care,
Forced examination,
Health facilities,
Humiliating treatment,
Infant mortality,
Inhuman treatment,
Involuntary examination,
Jail,
Law enforcement,
Mandatory examination,
Maternal health,
Mob,
Police,
Pregnancy,
Prison conditions,
Torture
Country:
Italy Year: 2002
Court: European Court of Human Rights
Citation: Application No. 32967/96; [2002] ECHR 3
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Hospitals,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to due process/fair trial,
Right to life Facts: Calvelli and Ciglio’s baby was transferred to an intensive care unit immediately after its birth, and died two days later of post-asphyxia syndrome. EC, the doctor who had delivered the baby and was a joint owner of the clinic, was found guilty of involuntary manslaughter and received a one year suspended prison sentence under the …Read more
Tags: Childbirth,
Children,
Clinics,
Diabetes,
Duty of care,
Health facilities,
Inappropriate treatment,
Infant mortality,
Minor,
Negligence,
Pregnancy,
Public hospitals,
Tort
Country:
Chile Year: 2002
Court: Inter-American Commission on Human Rights
Citation: Carabantes Galleguillos v. Chile, Case 12.046, Inter-Am. Comm’n H.R., Report No. 33/02, OEA/Ser.L/V/II.117, doc. 1 rev. 1 (2002).
Health Topics:
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to privacy Facts: Applicant, a student in her fifth year of basic education at a subsidized private school in the city of Coquimbo, Chile was expelled during an examination for having appeared seven months pregnant and was informed that her enrollment could not be renewed for the following school year. Her family had filed a complaint with the …Read more
Tags: Childbirth,
Pregnancy
Country:
Italy Year: 2002
Court: European Court of Human Rights
Citation: App. No. 50490/99, Eur. Ct. H.R. 846 (2002).
Health Topics:
Health care and health services,
Mental health,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life,
Right to life,
Right to privacy Facts: The applicant, an Italian national, claimed violations under Articles 2 (right to life), 8 (respect for private and family life) and 12 (right to marry and family) of the European Convention on Human Rights (the Convention) after his wife obtained a legal abortion without his consent. Prior to bringing an action in the European Court of …Read more
Tags: Abortion,
Access to health care,
Access to treatment,
Childbirth,
Family planning,
Pregnancy,
Spousal consent,
Spousal notification,
Termination of pregnancy
Country:
United Kingdom Year: 2002
Court: European Court of Human Rights
Citation: App. No. 28957/95, 35 Eur. H.R. Rep. 18 (2002).
Health Topics:
Health care and health services,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to family life,
Right to privacy Facts: The applicant, a United Kingdom citizen had always enjoyed dressing as a woman since her young age and had the impression that her body did not fit her mind. Thus she started treatment with a psychiatrist and underwent gender re-assignment surgery. After the procedure, she experienced problems at work such as harassment allegedly because of …Read more
Tags: Gender identity,
Gender identity disorder,
Gender reassignment,
LGBTI,
Queer,
Sex reassignment,
Sexual orientation,
Transgender,
Transsexual
Country:
Egypt Year: 2002
Court: UN Human Rights Council's Working Group on Arbitrary Detention
Citation: Opinion No. 7/2002 (Egypt); E/CN.4/2003/8/Add.1 at 68
Health Topics:
Informed consent,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Right to liberty and security of person Facts: At least 55 men were arrested in Cairo on grounds of their sexual orientation during a police raid of a discotheque. The raid occurred after undercover officers entered the bar and observed and filmed dancing. The police targeted men who appeared to be homosexuals or who were not accompanied by women. One man was slapped …Read more
Tags: Assault,
Buggery,
Compulsory examination,
Forced examination,
Gay,
Homosexual,
Involuntary examination,
Law enforcement,
LGBTI,
Mandatory testing,
Non-consensual testing and treatment,
Sexual orientation,
Sodomy
Country:
South Africa Year: 2001
Court: High Court - Transvaal Provincial Division
Citation: 2002(4) BCLR 356 (T)
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
HIV/AIDS,
Hospitals,
Infectious diseases,
Medicines,
Sexual and reproductive health Human Rights: Right to health,
Right to life Facts: Applicants sought an order that the respondents (the Minister of Health and the members of the executive council for health) make Nevirapine available to pregnant women with HIV who give birth in public health institutions and “produce and implement an effective national program to prevent or reduce mother to child transmission (MTCT) of HIV, including …Read more
Tags: Access to medicines,
Access to treatment,
Antiretrovirals,
ARVs,
Child development,
Child mortality,
Children,
Counseling,
HIV positive,
Infant health,
Infant mortality,
Maternal health,
Minor,
Public hospitals,
Sexually transmitted diseases,
Sexually transmitted infections,
STDs,
STIs,
Testing
Country:
United States Year: 2001
Court: Supreme Court
Citation: 532 U.S. 67 (2001)
Health Topics:
Child and adolescent health,
Controlled substances,
Informed consent,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to privacy Facts: Petitioners were former patients who received obstetrical care at the Medical University of South Carolina (MUSC), a public hospital in the city of Charleston, and who were arrested after testing positive for cocaine. In 1988, concerns arose among MUSC staff about an apparent increase in the use of cocaine by patients who were receiving prenatal …Read more
Tags: Child development,
Children,
Cocaine,
Compulsory testing,
Crack cocaine,
Drug abuse,
Infant health,
Infant mortality,
Informed choice,
Involuntary testing,
Mandatory testing,
Maternal health,
Minor,
Non-consensual testing and treatment,
Patient choice,
Pregnancy,
Substance abuse
Country:
Australia Year: 2001
Court: Supreme Court of New South Wales
Citation: (2001) 54 NSWLR 122; (2001) 28 Fam LR 260; [2001] NSWSC 1101
Health Topics:
Sexual and reproductive health Human Rights: Right to family life,
Right to property Facts: Ms. Ganter had had her eggs removed, fertilized with semen from Mr. Whalland (her partner of eight years, with whom she was in a de facto relationship) and frozen, in accordance with an agreement (the “Agreement”) made between Ms. Gantar, Mr. Whalland and the fertilization company. After Ms. Gantar and Mr. Whalland separated, Ms. Gantar …Read more
Tags: Assisted reproductive technology,
Family planning,
In utero fertilization,
In vitro fertilization,
Infertility
Country:
Colombia Year: 2001
Court: Constitutional Court
Health Topics:
Health care and health services,
Health systems and financing,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to health,
Right to social security Facts: Cesar Augusto Medina Lopera (the Plaintiff) requested the Health Security Company Comfenalco (H.S.C, the Respondent), to affiliate him to the Social Security System in Health as beneficiary of his life partner, Jairo Castaño Suescún, who was a contributor to this H.S.C. The Respondent denied the affiliation and argued that, in accordance with Colombian Political Constitution, …Read more
Tags: Access to health care,
Budget,
Gay,
Health funding,
Health insurance,
Homosexual,
LGBTI,
Out-of-pocket expenditures,
Queer,
Sexual orientation,
Social security
Country:
France Year: 2001
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2001-446 DC, 27 June 2001
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Hospitals,
Informed consent,
Sexual and reproductive health Human Rights: Right of access to information,
Right to bodily integrity,
Right to health,
Right to liberty and security of person,
Right to life Facts: Before the promulgation of the Voluntary Interruption of Pregnancy Act, 78 senators made a referral to the French constitutional court challenging the constitutionality of the new bill according to article 61 of the French Constitution. The Act had three components. It extended to 12 weeks the period of time a woman could have an abortion …Read more
Tags: Abortion,
Abortion counseling,
Access to health care,
Children,
Counseling,
Criminalization,
Forced abortion,
Freedom of information,
Health facilities,
Infant mortality,
Informed choice,
Minor,
Patient choice,
Pregnancy,
Therapeutic abortion,
Unsafe abortion
Country:
France Year: 2001
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2001-449 DC, 4 July 2001
Health Topics:
Sexual and reproductive health Facts: Certain delegates referred the Voluntary Interruption of Pregnancy (Abortion) and Contraception Act to the Constitutional Court in order to challenge it. Under the relevant paragraphs of the Constitution, the 15-day period in which the President must act to promulgate an act after its final adoption could only be suspended where such act was referred to …Read more
Tags: Abortion,
Termination of pregnancy
Country:
France Year: 2001
Court: Cour de cassation [Court of Cassation]
Citation: Cass. civ I, n°00-14564, 9 October 2001
Health Topics:
Child and adolescent health,
Disabilities,
Health care and health services,
Health information,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right of access to information,
Right to health Facts: A doctor, Y, was treating Mrs. X during her pregnancy. Y suspected a breech presentation (buttocks- or feet-first presentation rather than the normal head-first presentation) during the 8th month of pregnancy. The mother wanted a home birth. On 12 January, the child was born in a home birth and as a result of inadequate medical …Read more
Tags: Awareness,
Caesarean,
Child development,
Children,
Disabled,
Emergency care,
Handicapped,
Health care technology,
Inadequate treatment,
Inappropriate treatment,
Informed choice,
Minor,
Non-evidence based treatment,
Patient choice,
Pediatric health,
Standard of care