6 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

Suchita Srivastava v. Chandigarh Administration

Country: India
Year: 2009
Court: Supreme Court
Citation: (2009) 14 SCR 989
Health Topics: Informed consent, Mental health, Poverty, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to family life, Right to liberty and security of person, Right to life, Right to privacy
Facts:

The matter pertained to a 19-20 year old, “mentally retarded”, woman (the victim) whose mental capacity was that of a nine year old. She was living in a welfare institution (the Institution) established by the Chandigarh Administration, having previously lived in a government institute for mentally retarded children. She became pregnant while living in the …Read more

Tags: Abortion, Forced abortion, Mental retardation, Non-consensual testing and treatment, Rape
Download Judgment: English

Auto 092/08

Country: Colombia
Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Segunda de Revisión No. 092 abril 14, 2008, M.P.: Manuel José Cepeda Espinosa, Auto 092/08 (Colom.).
Health Topics: Child and adolescent health, Disasters and emergencies, Environmental health, Health care and health services, Health systems and financing, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to education, Right to health, Right to liberty and security of person, Right to life, Right to property, Right to work
Facts:

The Constitutional Court considered the persistence of an unconstitutional state of affairs with regard to forced displacement, which disproportionately affected women in Colombia. The Court originally declared an unconstitutional state of affairs in Ruling T-025 of 2004 and again in Resolution 218 of 2006. More than half the displaced people in Colombia  (54 per cent) …Read more

Tags: Armed conflict, Cruel treatment, Degrading treatment, Forced abortion, Forced displacement, Humiliating treatment, Indigenous groups, Inhuman treatment, Mental illness, Pregnancy, Rape, Refugees, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Torture, Violence against women
Download Judgment: Spanish

Case 248357

Country: France
Year: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°248357, 26 September 2005
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life
Facts:

In 2002, the ASSOCIATION AGAINST HANDIPHOBIA brought this challenge to Article L. 2123-2 of the Public Health Code, which allows for a guardian judge to impose contraception, sterilization and pregnancy termination on people with mental disabilities after rigorous review. The Association claimed the law was unconstitutional, a violation of the Declaration of the Rights of …Read more

Tags: Abortion, Compulsory sterilization, Compulsory treatment, Contraception, Forced abortion, Forced sterilization, Forced treatment, Incapacity, Incompetence, Involuntary sterilization, Involuntary treatment, Judicial bypass, Mandatory treatment, Mental competence, Mental disability, Mental retardation, Minor, Non-consensual testing and treatment, Parental consent, Pregnancy, Sterilization, Termination of pregnancy
Download Judgment: English French

Case 2001-446 DC

Country: France
Year: 2001
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2001-446 DC, 27 June 2001
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

Before the promulgation of the Voluntary Interruption of Pregnancy Act, 78 senators made a referral to the French constitutional court challenging the constitutionality of the new bill according to article 61 of the French Constitution. The Act had three components. It extended to 12 weeks the period of time a woman could have an abortion …Read more

Tags: Abortion, Abortion counseling, Access to health care, Children, Counseling, Criminalization, Forced abortion, Freedom of information, Health facilities, Infant mortality, Informed choice, Minor, Patient choice, Pregnancy, Therapeutic abortion, Unsafe abortion
Download Judgment: English French

STC 215/1994

Country: Spain
Year: 1994
Court: Constitutional Court
Health Topics: Infectious diseases, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to life
Facts:

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

Tags: Abortion, Birth control, Childbirth, Compulsory sterilization, Degrading treatment, Forced abortion, Forced sterilization, Humiliating treatment, Incapacity, Incompetence, Inhuman treatment, Involuntary sterilization, Mandatory sterilization, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, STDs, Sterilization, STIs
Download Judgment: English
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