14 judgments found.

ABAR15 v Minister for Immigration and Border Protection

Country: Australia
Year: 2016
Court: Federal Court of Australia
Citation: (No 2) [2016] FCA 721
Health Topics: Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

This case addresses whether a protective visa under Australia’s Migration Act should be granted when appellant fears for her safety on return to her country because of domestic violence at the hands of her husband. A 54-year-old Vietnamese woman (appellant) was detained for being an unlawful non-citizen in Australia in 2014. She had remained in …Read more

Tags: Cruel treatment, Degrading treatment, Domestic abuse, Domestic violence, Immigrants, Immigration, Inhuman treatment, Violence against women
Download Judgment: English

X and Y v. Georgia

Country: Georgia
Year: 2015
Court: Committee on the Elimination of All Forms of Discrimination Against Women
Citation: Communication No. 24/2009; U.N. Doc. CEDAW/C/61/D/24/2009
Health Topics: Violence
Human Rights: Freedom from discrimination
Facts:

X and her daughter Y claimed a long history of physical and sexual assault at the hands of X’s husband, who was Y’s father. X was raped by him in 1987 and later married him, believing that Georgian social and cultural norms defining virginity as essential to female virtue compelled her to marry him or …Read more

Tags: Assault, Domestic abuse, Domestic violence, Molestation, Rape, Sexual abuse, Sexual assault, Sexual violence, Violence against women
Download Judgment: English French Spanish

Taha v. Broadmeadows Magistrates’ Court; Brookes v. Magistrates’ Court of Victoria

Country: Australia
Year: 2013
Court: Supreme Court of Victoria Court of Appeal
Citation: [2013] VSCA 37
Health Topics: Mental health, Violence
Human Rights: Right to due process/fair trial
Facts:

Mr. Taha was arrested for failing to pay outstanding traffic fines and was sentenced to imprisonment by a magistrate after a hearing. Mr. Taha was intellectually disabled and had been certified as such and placed on a Justice Plan. Neither his legal representative nor the magistrate were aware of this, but if they were they …Read more

Tags: Domestic abuse, Domestic violence, Mental disability
Download Judgment: English

F., A. L. s/ Medida Autosatisfactiva

Country: Argentina
Year: 2012
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Expte. Nº 21.912-F-2010
Health Topics: Child and adolescent health, Hospitals, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

A fifteen-year old teenager became pregnant as a result of being sexually abused by her stepfather. In the eight week of pregnancy, through her legal representative, she asked the judiciary to order doctors of a public hospital to perform her abortion. She based her claim on article 86. 2 of the National Criminal Code (the “Criminal …Read more

Tags: Abortion, Access to health care, Assault, Children, Domestic abuse, Domestic violence, Health care professionals, Health care workers, Judicial bypass, Public hospital, Rape, Sexual abuse, Sexual assault, Sexual violence, Termination of pregnancy, Therapeutic abortion
Download Judgment: Spanish

L.C. v. Peru

Country: Peru
Year: 2011
Court: Committee on the Elimination of Discrimination against Women
Citation: L.C. v. Peru, CEDAW, U.N. Doc. CEDAW/C/50/D/22/2009 (2011).
Health Topics: Health care and health services, Health systems and financing, Mental health, Poverty, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy
Facts:

A minor child, L.C., began to be sexually abused at the age of 11 years by a 34-year-old man. Two years later, L.C. became pregnant, and in response, attempted suicide by jumping from a building. L.C. survived her suicide attempt, and she was taken to a public hospital where she was diagnosed with a series …Read more

Tags: Abortion, Access to treatment, Criminalization, Domestic abuse, Domestic violence, Molestation, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Suicide, Termination of pregnancy, Therapeutic abortion, Violence against women
Download Judgment: English

Yemshaw v. London Borough of Houslow

Country: United Kingdom
Year: 2009
Court: The Supreme Court of the United Kingdom
Citation: [2009] EWCA Civ 1543
Health Topics: Child and adolescent health, Mental health, Violence
Human Rights: Right to bodily integrity, Right to housing
Facts:

The appellant approached the housing authority for help in finding alternate accommodation for her. Under Section 177(1) of the Homelessness Act (2002), it was not reasonable for a person to remain in their house if there was a possibility of domestic or other violence. The appellant’s husband was mistreating her, verbally abusing her and would …Read more

Tags: Assault, Children, Depression, Domestic abuse, Domestic violence, Minor, Trauma, Violence against women
Download Judgment: English

Smith v. Sussex Police

Country: United Kingdom
Year: 2008
Court: Court of Appeal, Civil Division
Citation: [2008] EWCA Civ 39
Health Topics: Violence
Human Rights: Right to life
Facts:

S, who was attacked and seriously injured by his former partner J, brought a claim of negligence against the Sussex police on the grounds that he had repeatedly told them that J had threatened to kill him but they had failed to act on this evidence. The judge at first instance, while denying that the …Read more

Tags: Domestic violence, Law enforcement, Police, Sexual violence
Download Judgment: English

Advocate Sapana Pradhan Malla v. Prime Minister

Country: Nepal
Year: 2007
Court: Supreme Court
Citation: Writ No. 3561 of the year 2063 B. S (2006)
Health Topics: Child and adolescent health, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to due process/fair trial, Right to education, Right to health, Right to life, Right to privacy, Right to property, Right to work
Facts:

The Forum for Women, Law and Development, the Petitioner, was an organization working with vulnerable communities such as women, children and people living with HIV/AIDS (PLHIVA). Although the right to privacy was guaranteed under Article 28 of the Interim Constitution, 2007, there were no legal provisions safeguarding the privacy of women, children, or PLHIVA (the …Read more

Tags: Abortion, AIDS, Children, Domestic abuse, Domestic violence, HIV positive, HIV status, Minor, Pediatric health, People living with HIV/AIDS, PLHIV, Pregnancy, Sexual assault, Sexual harassment, Sexual violence, Termination of pregnancy, Violence against women
Download Judgment: English

Berecová v. Slovakia

Country: Slovakia
Year: 2007
Court: European Court of Human Rights
Citation: Berecová v. Slovk., App. No. 74400/01, Eur. Ct. H.R. 319 (2007).
Health Topics: Child and adolescent health, Health systems and financing, Mental health, Violence
Human Rights: Right to family life, Right to privacy
Facts:

Applicant is a Slovakian national who was granted custody of her two children following her divorce from her husband. The children were allegedly ill-treated, beaten and neglected by applicant and had run away from home. They manifested fear of their mother and refused to return home. A psychologist concluded that their fear resulted from punishment …Read more

Tags: Child development, Children, Domestic abuse, Domestic violence, Mental disorder, Mental illness, Mental institution, Minor
Download Judgment: English

A.T. v. Hungary

Country: Hungary
Year: 2005
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 2/2003, UN Doc. CEDAW/C/32/D/2/2003 (26 January 2005).
Health Topics: Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to liberty and security of person, Right to life
Facts:

A. T., a Hungarian national, was subjected to severe physical abuse at the hands of her common law husband, L. F., on many occasions over a period of approximately four years. A. T. sought medical attention as a result of ten of these batteries. Despite A. T.’s attempts to protect herself by denying L. F. …Read more

Tags: Domestic abuse, Domestic violence, Sexual abuse, Sexual assault, Sexual violence, Violence against women
Download Judgment: English
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