34 judgments found.

Voluntary Health Association of Punjab v. Union of India

Country: India
Year: 2013
Court: Supreme Court
Citation: Writ Petition (Civil) No. 349 of 2006
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination
Facts:

The order is about the problem of sex-selective abortion in India. The Court assed the present situation and the various barriers that must be taken into account when States take steps to address this problem by raising awareness of the legal status of the issue. The Parliament has taken steps to prevent sex selective abortion …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Awareness, Clinics, Counseling, Diagnostics, Forced abortion, Health care professionals, Health care technology, Health care workers, Health data, Health education, Health facilities, Health promotion, Health records, Infant mortality, Maternal health, Medical records, Pregnancy, Sex-selective abortion, Termination of pregnancy, Testing, Unsafe abortion
Download Judgment: English

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

Country: New Zealand
Year: 2012
Court: Supreme Court
Citation: [2012] NZSC 68
Health Topics: Health care and health services, Health information, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

This case is an appeal from the Court of Appeal’s decision of [2011] NZCA 246.  Under the Contraception, Sterlisation and Abortion Act 1997 (the Act), a woman in New Zealand is eligible for an abortion if two certifying consultants agree the pregnancy will seriously harm that woman’s physical or mental health.  The Abortion Supervisory Committee (the …Read more

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

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
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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