The respondent was five months pregnant with her fourth child and addicted to glue sniffing, which is known to be potentially damaging to the nervous system of a developing fetus. Two of her previous children were born permanently disabled as a result of her addiction and were permanent wards of the state. A judge of …Read more

In 1977, Julie Breen had a bilateral augmentation mammoplasty which involved the insertion of a silicone implant in each of her breasts. She later developed a complication in the way of bilateral breast capsules. In 1978, she sought the opinion of Dr. Cholmondeley Williams, who had not performed the original procedure. Dr. Williams advised Breen …Read more

Plaintiff, Yin, brought an action against her employer, the State of California Employment Department, to prohibit them from requiring her to release her medical records, submit to an examination, and be subject to discipline for refusing to do so. Yin had a “prolonged and egregious history of absenteeism and a record of on-the-job illnesses.” She …Read more

The prison authorities of Unit 1 of the SPF of Argentina adopted the practice of performing vaginal inspections on all female visitors who desired to have personal contact with the inmates. Ms. X, whose husband was detained at that Unit, and their thirteen year old daughter Y were thus routinely submitted to such searches each …Read more

Aksoy (A) claimed that in November 1992 he was taken into custody by twenty policemen after M (another detainee with them) had allegedly identified him as a member of the PKK which was engaged in a conflict with security forces for Kurdish autonomy. This conflict had resulted in nearly 8,000 deaths and there was a …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Argentine Federal Police, which issued a resolution forcing the plaintiff to retire from the police force due to being HIV positive. The HIV test was performed without the consent of the plaintiff, which constituted a violation of his right to privacy. …Read more

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

The petitioner, a Canadian citizen, was arrested along with two acquaintances when the group attempted to enter Spain with large quantities of hashish concealed in their vehicle. The petitioner claimed to have no knowledge of the contraband, and his acquaintances also told police that he was innocent of any wrongdoing. Nevertheless, the examining magistrate incarcerated …Read more

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

The parents of a mentally-disabled woman requested that the court authorize the sterilization of their daughter.  According to the Article 428 of the Criminal Code made in accordance with Article 6 LO 3/89 of 21 June (the “challenged provision”), sterilization of a disabled person who suffered from serious psychological deficiency would not be unlawful if the …Read more

Women inmates in the District of Columbia (D.C.) correctional system alleged that they were being mistreated in a variety of ways, including sexual harassment, failure to provide or inadequate levels of obstetrical and gynecological care, unequal educational and work-related programming  as compared to similarly situated male inmates, uneven recreational and religious time, and general inhumane …Read more

Mr. Bland was in the care of the health authority, and had been in a persistent vegetative state for three and a half years due to a severe crushed chest injury, which had caused devastating and permanent damage to the higher functions of his brain. He was being fed artificially by a tube inserted through …Read more

The petitioner, David Riggins, challenged his criminal convictions on the basis that his liberty and right to due process of the law, as protected by the Sixth and Fourteenth Amendments of the U.S. Constitution, were violated when the State of Nevada forcibly administered him with an antipsychotic drug during his trial. In November 1987, Riggins …Read more

“Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more

Appellant doctor appealed an award of $808,564.38 to respondent patient. Appellant doctor had operated on the right eye of respondent patient in an attempt to improve its appearance and restore some sight as respondent patient’s right eye had been sightless from a previous injury. The lower court had found that appellant doctor had operated with …Read more

This case dealt with the right to choose how to live, specifically regarding the right to refuse a blood transfusion. Miss T had been raised by her mother, a Jehovah’s witness, but was never baptized into the faith and had told her boyfriend and father that she was not a Jehovah’s Witness. She was 34 …Read more

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

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

On November 15 1983, the appellant (Kindler) was found guilty of first degree murder, conspiracy to commit murder and kidnapping in the State of Pennsylvania. Following his conviction, the jury heard further evidence and recommended the imposition of the death penalty. Before the formal imposition of the sentence, Kindler escaped from prison and fled to …Read more

In January 1983, Nancy Cruzan lost control of her car, which overturned. Found unconscious, she remained in a coma for three weeks, and eventually her condition progressed into what was termed a “persistent vegetative state,” where there are motor reflexes but no signs of cognition. She was able to survive when fed and hydrated artificially, …Read more

John Moore underwent treatment for hairy-cell leukemia at UCLA Medical Center, owned and operated by the regents of the university. During the course of his treatment, Moore’s spleen was removed and various tissue samples were taken by his doctor. Moore’s doctor engaged with a researcher at the medical center to study these samples (which were …Read more

Malette, a Jehovah’s Witness, sued Dr. Shulman for administering a blood transfusion contrary to her prior expressed wishes. Malette was rushed to the emergency room after sustaining serious injuries in a car accident. She was semi-conscious and bleeding profusely. One of the nurses found a card in her purse, which stated she was a devout …Read more

F was a 36 year old adult woman who suffered from a disability that left her with the mental capacity of a young child.  She had been a voluntary in-patient at a mental hospital since the age of 14, where she received treatment and enjoyed a great degree of freedom of movement. Although the facility …Read more

  The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia.  In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more

On November 5 1986, the Court of First Instance and Preliminary Investigations No. 10 of Malaga ordered the search of a medical clinic where criminal actions (specifically, the administration of abortions) were allegedly taking place. In so doing, information regarding the medical history of Ms. Ximena’s (the appellant) was recorded. On November 21, 1986, the …Read more

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

This case considered the practice of “forced disappearances” by the Government of Honduras, which included secret surveillance, kidnapping and executions. The Court found as proved that “[d]uring the period 1981 to 1984, 100 to 150 persons disappeared in the Republic of Honduras, and many were never heard from again.” It recognized patterns in these disappearances …Read more

Eve was a mentally disabled young woman suffering from a condition that made it extremely difficult for her to communicate with others. She was not capable of understanding the consequential relationship between intercourse, pregnancy and birth.  Mrs. E, her mother, was concerned that Eve might innocently become pregnant, which would mean that she, an elderly …Read more

Respondent, Lee, was charged with attempted robbery, malicious wounding, and two counts of using a firearm in the commission of a felony. The Commonwealth of Virginia sought to compel Respondent to undergo a surgical procedure to remove a bullet lodged in his chest; petitioners alleged that the bullet would provide evidence of Respondent’s guilt or …Read more

The Department of Health and Social Security (DHSS) issued a memorandum of guidance to local health authorities that stated that, inter alia, “consultations between doctors and patients are confidential,” even for children less than 16. The memorandum noted that while “it would be most unusual,” a doctor could advise the child regarding contraception without parental …Read more