28 judgments found.

Nedescu v. Romania

Country: Romania
Year: 2018
Court: The European Court of Human Rights
Citation: Application No. 70035/10
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Facts:

The applicants are husband and wife and wanted to try assisted reproduction at a private clinic. The applicant’s embryos were obtained and freezed for future use by the applicant. A criminal investigation led to the closure of the said clinic. During that process, all genetic material including the applicant’s embryos were transferred to a forensic …Read more

Tags: Assisted reproductive technology, Clinics, Examination, Health care professionals, Health care techn, Health care workers, Health facilities, In vitro fertilization, Infertility, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Paradiso and Campanelli v. Italy

Country: Italy
Year: 2017
Court: The European Court of Human Rights
Citation: ECHR 034 (2017)
Health Topics: Child and adolescent health, Health care and health services, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Facts:

The applicants are husband (Campanelli) and wife (Paradiso). After unsuccessful attempts at having a child, they registered themselves as prospective adoptive parents and obtained court approval to adopt a foreign child. Due to delays in the adoption, the applicants decided to resort to surrogacy arrangements. A surrogate mother was found in Russia and the applicants …Read more

Tags: Assisted reproductive technology, Child, Children, Clinics, Health facilities, In vitro fertilization, Minor, Pregnancy, Private hospitals
Download Judgment: English

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

Radu v. The Republic of Moldova

Country: Moldova
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 50073/07
Health Topics: Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The plaintiff was a lecturer at the Police Academy in Moldova. In 2003, she became pregnant through artificial insemination. Due to her increased risk of miscarriage, a doctor at the No. 7 Center for Family Doctors (“the CFD”), a state-owned hospital, ordered her hospitalization. This extended hospitalization caused her to be absent from work. The …Read more

Tags: Confidentiality, Disclosure, Employment, Health data, Health records, In vitro fertilization, Maternal health, Medical records, Non-disclosure, Pregnancy, Public hospitals, Secrecy
Download Judgment: English

Case of Mennesson v. France

Country: France
Year: 2013
Court: The European Court of Human Rights
Citation: Application No. 65192/11
Health Topics: Child and adolescent health, Sexual and reproductive health
Human Rights: Right to family life
Facts:

The applicants are husband and wife who opted for a surrogacy arrangement in California as the second applicant had infertility issues. The Supreme Court of California ruled that the first applicant would be the genetic father and the second applicant would be the legal mother of any child the surrogate mother gave birth to within …Read more

Tags: Children, In vitro fertilization, Infertility, Pregnancy, Surrogacy
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

Costa and Pavan v. Italy

Country: Italy
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 54270/10
Health Topics: Chronic and noncommunicable diseases, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Facts:

Following the birth of their first child, the applicants, Costa and Pavan, discovered that they were carriers of cystic fibrosis, a genetic disease. Their child was born with the disease. A prenatal test confirmed that their second child was also affected by cystic fibrosis. They decided to terminate the pregnancy on medical grounds. The applicants …Read more

Tags: Abortion, Assisted reproductive technology, Genetic disease, In vitro fertilization, Noncommunicable diseases, Termination of 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
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