32 judgments found.

Case 212 K/Pid.Sus/2011/PN.Pso

Country: Indonesia
Year: 2011
Court: Poso District Court
Health Topics: Sexual and reproductive health
Facts:

The Defendant, Rahima S. Borahima, a doctor, had been approached by Ismawati Lakadjo on 16 April 2011, who requested that the Defendant help her abort her pregnancy. Lakadjo was 20-22 weeks pregnant, and was not yet married to her boyfriend because they were waiting until they had enough money. Lakadjo testified that she had been …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Criminalization, Health care professionals, Health care workers, Termination of pregnancy
Download Judgment: English

R.R. v. Poland

Country: Poland
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 27617/04
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to privacy
Facts:

This case concerned access to timely prenatal examinations in order to make an informed decision whether or not to continue with a pregnancy. During her eighteenth week of pregnancy, RR’s doctor told her that her fetus might be affected by a malformation. RR informed her doctor that if further tests confirmed the malformation, she would …Read more

Tags: Abortion, Abortion counseling, Access to treatment, Degrading treatment, Diagnostics, Examination, Family planning, Humiliating treatment, Late-term abortion, Partial birth abortion, Pregnancy, Termination of pregnancy, Testing, Viability
Download Judgment: English

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 2010-2 QPC

Country: France
Year: 2010
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2010-2 QPC, June 11th 2010
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to social security
Facts:

The QPC (Question prioritaire de constitutionnalité) process was created in France in 2008. It allows for preliminary rulings on the conformity of a legal provision with the Constitution. This disposition challenged the 2002 law (Paragraph I of section 1 of the Act of March 4th 2002) that states “No one shall claim he has sustained …Read more

Tags: Abortion, Abortion counseling, Access to health care, Children, Compensation, Disabled, Handicapped, Health insurance, Health regulation, Infant health, Minor, Misdiagnosis, Therapeutic abortion
Download Judgment: English French German Italian Spanish

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

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

Women on Waves and Others v. Portugal

Country: Portugal
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 31276/05
Health Topics: Sexual and reproductive health
Human Rights: Freedom of association, Freedom of expression
Facts:

In 2004, three associations sent the ship Borndiep to Portugal where abortion was illegal that would stage activities promoting the decriminalization of abortion including distribution of drugs that can induce abortion. Aware of the project, the Portuguese Government prevented the boat from entering its national territory. The three plaintiffs sued Portugal in national courts, which …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Condoms, Contraception, Contraceptives, Family planning
Download Judgment: French Portuguese

Case 146/2007 and its cumulative 147/2007

Country: Mexico
Year: 2008
Court: Suprema Corte de Justicia de la Nación [Supreme Court of Justice of the Nation]
Citation: Acción de Inconstitucionalidad 146/2007 y su acumulada 147/2007
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to health, Right to liberty and security of person, Right to life
Facts:

Please note that only portions of the original judgment have been translated into English. This summary is primarily written from those portions. The Federal District legislature approved reforms to the Criminal Code of the Federal District in which it decriminalized and legalized abortion performed during the first 12 weeks of gestation. It also amended the …Read more

Tags: Abortion, Abortion counseling, Access to treatment, Conscientious objection, Criminalization, Family planning, Informed choice, Late-term abortion, Maternal mortality, Midwifery, Minor, Parental consent, Pregnancy, Spousal consent, Termination of pregnancy, Unsafe abortion
Download Judgment: English Spanish

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

Country: New Zealand
Year: 2008
Court: High Court
Citation: [2008] NZHC 865; [2008] 2 NZLR 825
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to liberty and security of person, Right to life
Facts:

This case was amended by a Judgment on Declaratory Relief and then overruled by the Court of Appeal in [2011] NZCA 246. The applicant, the Right to Life New Zealand (RTL), argued that the high rate of abortion in New Zealand indicated women were accessing “abortions on request” in contravention of the Contraception, Sterilisation and Abortion …Read more

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