16 judgments found.

Parrillo v. Italy

Country: Italy
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 46470/11
Health Topics: Sexual and reproductive health
Human Rights: Right to life, Right to privacy, Right to property
Facts:

The applicant, Parrillo, claimed that a legislative ban preventing her from donating embryos conceived in vitro to scientific research violated her rights to respect for private life and peaceful enjoyment of her possessions under Article 8 and Article 1 of Protocol No. 1 of the European Convention for the Protection of Human Rights and Fundamental …Read more

Tags: Assisted reproductive technology, In utero fertilization, In vitro fertilization
Download Judgment: English

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

N.B. v Slovakia

Country: Slovakia
Year: 2012
Court: European Court of Human Rights
Citation: N.B. v Slovakia, App. No. 29518/10, Eur. Ct. H.R. (2012).
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Informed consent, Medical malpractice, 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:

Ms. N.B. was of Roma ethnic origin. She was sterilized at a public hospital, at the age of 17, during the birth of her second child. Ms. N.B. asserted that she had been coerced into signing authorizations for her sterilization, that she was segregated within the hospital due to her ethnicity and that the decision …Read more

Tags: Caesarean, Childbirth, Children, Compensation, Compulsory sterilization, Compulsory treatment, Cruel treatment, Degrading treatment, Family planning, Forced sterilization, Forced treatment, Health care professionals, Health care workers, Humiliating treatment, In utero fertilization, Inappropriate treatment, Infertility, Informed choice, Inhuman treatment, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Mandatory treatment, Maternal health, Minor, Non-consensual testing and treatment, Parental consent, Patient choice, Pregnancy, Public hospitals, Remedies, Sterilization, Unauthorized treatment
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

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

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

Yearworth v. North Bristol NHS Trust

Country: United Kingdom
Year: 2009
Court: Court of Appeal, Civil Division
Citation: [2009] EWCA Civ 37
Health Topics: Chronic and noncommunicable diseases, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to property
Facts:

Six men appealed the decision of the Exeter County Court that denied recovery in tort for the damage of their sperm held in frozen storage at a facility run by the North Bristol NHS Trust (the “Trust”). All six of the men were diagnosed with cancer and were advised that chemotherapy was the appropriate treatment. …Read more

Tags: Assisted reproductive technology, Cancer, Compensation, Damages, Depression, Duty of care, Family planning, Fertility, Health facilities, In utero fertilization, In vitro fertilization, Infertility, Negligence, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English

Case of Dickson v. The United Kingdom

Country: United Kingdom
Year: 2007
Court: The European Court of Human Rights
Citation: Application no. 44362/04
Health Topics: Health care and health services, Prisons, Sexual and reproductive health
Human Rights: Right to family life
Facts:

The applicants met and married while both were incarcerated via a pen-pal program. The applicants wished to conceive a child. However, given Ms. Dickson’s age at the time of Mr. Dickson’s earliest release date, it was unlikely they would be able to have a child without the use of artificial insemination facilities. As such, the …Read more

Tags: Access to health care, Assisted reproductive technology, Detention, Imprisonment, In utero fertilization, Incarceration, Inmate, Jail, Pregnancy
Download Judgment: English

Evans v. United Kingdom

Country: United Kingdom
Year: 2007
Court: European Court of Human Rights
Citation: Evans v. United Kingdom [GC], App. No. 6339/05, 46 Eur. H.R. Rep. 34 (2008).
Health Topics: Health care and health services, Medicines, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to life
Facts:

Applicant had her eggs extracted for the purposes of in vitro fertilization in 2001. Her ovaries were thereafter removed due to the presence of tumors. Six embryos were created using her eggs and the sperm of her partner ‘J.’. Schedule 3 of the Human Fertilization and Embryology Act of 1990 allowed for the withdrawal of …Read more

Tags: Childbirth, Family planning, Fertility, In utero fertilization, In vitro fertilization, Infertility, Parental consent, Parental notification, Pregnancy, Spousal consent, Spousal notification
Download Judgment: English

Sanchez Villalobos, Ana Victoria and Others v. Costa Rica

Country: Costa Rica
Year: 2004
Court: Inter-American Commission on Human Rights
Citation: Sanchez Villalobos v. Costa Rica, Case 12.361, Inter-Am. Comm’n H.R., Report No. 25/04, OEA/Ser.L/V/II.122, doc. 5 rev. 1 (2004).
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to health, Right to life, Right to privacy
Facts:

Petitioner, a man seeking treatment for infertility, alleges on behalf of others seeking treatment that the Government of Costa Rica’s prohibition on access to in vitro fertilization, one of the treatments available, constitutes violations of Articles 1, 2, 4, 5, 8, 11(2), 17, 24, 25, 26 and 32 of the American Convention on Human Rights, …Read more

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