22 judgments found.

The Queen (on the application of IM and MM) v. Human Fertilisation and Embryology Authority

Country: United Kingdom
Year: 2015
Court: High Court of Justice, Queen’s Bench Division, Administrative Court
Citation: Case No. CO/3077/2014; [2015] EWHC 1706 (Admin)
Health Topics: Chronic and noncommunicable diseases, Informed consent, Sexual and reproductive health
Human Rights: Right to family life
Facts:

The issue of the case was whether AM, deceased daughter of IM and MM, gave sufficient informed consent to export her gametes to the U.S. to be fertilized there using a donor selected by her parents and used in the treatment of in vitro fertilization of her mother, IM. Even if it found that AM …Read more

Tags: Assisted reproductive technology, Cancer, Fertility, In utero fertilization, In vitro fertilization, Informed choice, Patient choice
Download Judgment: English

Artavia Murillo et al. v. Costa Rica

Country: Costa Rica
Year: 2012
Court: Inter-American Court of Human Rights
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to privacy, Rights to the benefits of culture
Facts:

This case alleged human rights violations resulting from Costa Rica’s prohibition on the practice of in vitro fertilization (“IVF”), which had been in effect in Costa Rica since 2000, following a ruling of the Constitutional Chamber of the Costa Rican Supreme Court of Justice (“Constitutional Chamber”) in which it was held that IVF violated the right to …Read more

Tags: Assisted reproductive technology, Fertility, In vitro fertilization, Infertility, Pregnancy
Download Judgment: English

Case Р-673/2011

Country: Belarus
Year: 2011
Court: Constitutional Court
Health Topics: Sexual and reproductive health
Human Rights: Right to family life, Right to health
Facts:

Exercising its preliminary control duties, Constitutional Court of the Republic of Belarus, considered the constitutionality of amendments to the Law of the Republic of Belarus on Auxiliary Reproductive Technologies. This law regulated various assisted reproductive treatments. Such treatments were available to women over the age of 18 if they had full legal capacity, had undergone …Read more

Tags: Assisted reproductive technology, Childbirth, Fertility, In utero fertilization, In vitro fertilization, Infertility, Pregnancy
Download Judgment: English Belarusian

Jocelyn Edwards

Country: Australia
Year: 2011
Court: Supreme Court of New South Wales
Citation: (2011) 81 NSWLR 198; [2011] NSWSC 478
Health Topics: Chronic and noncommunicable diseases, Hospitals, Informed consent, Occupational health, Sexual and reproductive health
Human Rights: Right to property
Facts:

Jocelyn and Mark Edwards were happily married and intended to have a child. They encountered some difficulties in conceiving and consulted a fertility clinic. Both subsequently agreed to in vitro fertilization (IVF) treatment. Mark had earlier expressed the importance to him of Jocelyn having their child before he was “unable” to, which was positively supported …Read more

Tags: Assisted reproductive technology, Cancer, Clinics, Contraceptives, Fertility, In vitro fertilization, Infertility, Informed choice, Occupational accident, Public hospitals
Download Judgment: English

S.H. v. Austria

Country: Austria
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 57813/00
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Facts:

The four applicants in this case were two couples suffering from infertility. The first couple included a woman who suffered from fallopian-tube-related infertility, which prevented ova from passing into her uterus, and her husband, who was infertile. The second couple included a woman who suffered from agonadism, which means she did not produce ova at …Read more

Tags: Access to treatment, Assisted reproductive technology, Family planning, Fertility, In utero fertilization, In vitro fertilization, Infertility, Pregnancy
Download Judgment: English

Bazley v. Monash IVF

Country: Australia
Year: 2010
Court: Supreme Court of Queensland
Citation: [2011] 2 Qd R 207; [2010] QSC 118
Health Topics: Chronic and noncommunicable diseases, Hospitals, Sexual and reproductive health
Human Rights: Right to property
Facts:

Warren Bazley provided a semen sample (the semen) to the Wesley Monash IVF clinic (IVF Clinic), prior to undergoing chemotherapy, so that his wife (Kate) might conceive their child. Unfortunately, Warren passed away before his wife became pregnant. Following Warren’s death, in response to Kate’s request to continue storing the semen, the IVF Clinic responded …Read more

Tags: Assisted reproductive technology, Cancer, Clinics, Family planning, Fertility, Infertility, Noncommunicable diseases
Download Judgment: English

Case 2010-068

Country: Belgium
Year: 2010
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4733. C. C., n°2010-068, 10 June 2010
Health Topics: Sexual and reproductive health
Facts:

The applicant ASBL is an activist organization dedicated to the promotion of respect for human life and integrity of the person at every stage of development. The applicant group sought to annul Article 3 of a December 2008 law that allowed a wide range of human bodily material to be obtained and used for the …Read more

Tags: Assisted reproductive technology, Fertility, In vitro fertilization, Infertility
Download Judgment: French Flemish

Case 5551/2010

Country: Spain
Year: 2010
Court: Supreme Court
Citation: STS 5551/2010
Health Topics: Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Facts:

The appellant, a welder and a machine technician, went to the health care facility of Mutua Asepeyo for lumbosciatic pain caused by lifting a machine that day. He was treated with medication and rest, but did not improve. He was then diagnosed with degenerative disc disease and disc herniation, which was confirmed elsewhere. He consented …Read more

Tags: Compensation, Damages, Fertility, Inappropriate treatment, Informed choice, Negligence, Patient choice, Public hospitals, Remedies, Tort
Download Judgment: English

Re Assisted Human Reproduction Act

Country: Canada
Year: 2010
Court: The Supreme Court of Canada
Citation: 2010 SCC 61
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

The Attorney General (AG) of Quebec challenged the constitutionality of sections 8 to 19, 40 to 53, 60, 61 and 68 of Canada’s Assisted Human Reproduction Act (the “Act”) on federalism grounds. Some of these provisions create or relate to prohibitions on human cloning and various aspects of the commercialization of reproductive materials and functions. …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Childbirth, Clinics, Criminalization, Family planning, Fertility, Health care technology, Health facilities, Health regulation, In utero fertilization, In vitro fertilization, Infertility, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Case 445/2009

Country: Spain
Year: 2009
Court: Supreme Court of Justice of Castilla-La Mancha
Citation: STSJCM 12-3-2009
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to social security
Facts:

The appellant, a beneficiary of defendant public health institution Health Service of Castilla-La Mancha (“SESCAM”), received three fertility treatment cycles (two in a private institution and one in a public health institution) with negative results. The appellant then sought new fertility treatments from SESCAM, arguing that she was entitled to funding for three treatments of …Read more

Tags: Access to treatment, Assisted reproductive technology, Fertility, Health care technology, Health insurance, Health regulation, Health spending, In vitro fertilization, Infertility, Social security
Download Judgment: English
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