28 judgments found.

Ana Victoria Villalobos and Others v. Costa Rica

Country: Costa Rica
Year: 2004
Court: Inter-American Commission on Human Rights
Citation: Report No. 25/04, Petition 12.361, March 11, 2004; OEA/Ser.L/V/II.122 Doc. 5 rev. 1 at 237, 23 February 2005
Health Topics: Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to privacy
Facts:

A Presidential Decree authorizing and regulating the practice of in vitro fertilization was issued in 1995. The Decree permitted solely married couples to utilize the practice; it prohibited the insemination of more than six ovules per couple; and it required that all embryos be deposited in the maternal uterus, prohibiting the freezing, preservation or discarding …Read more

Tags: Family planning, Health regulation, In vitro fertilization, Infertility
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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
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Zheng Xuefeng and Chen Guoqing v . People’ s Hospital of Jiangsu Province [郑雪峰、陈国青诉江苏省人民医院医疗服务合同纠纷案)]

Country: China
Year: 2003
Court: Intermediate People’s Court of Nanjing City [中华人民共和国江苏省南京市中级人民法院]
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The Plaintiffs Zhen Xuefeng and Chen Guoqing were a married couple seeking a fertility treatment. They signed a contract regarding such assisted reproduction with defendant People’s hospital of Jiangsu Province (“People’s hospital”). The contract did not specify which of two fertilization techniques (Intra-Cytoplasmic Sperm Injection (“ICSI”) or In Vitro Fertilization (“IVF”)) would be used, however …Read more

Tags: Assisted reproductive technology, Compensation, Damages, Emergency care, Fertility, Health care technology, In utero fertilization, In vitro fertilization, Inappropriate treatment, Infertility, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Public hospitals, Remedies, Unauthorized treatment
Download Judgment: English Chinese

Ganter v. Whalland

Country: Australia
Year: 2001
Court: Supreme Court of New South Wales
Citation: (2001) 54 NSWLR 122; (2001) 28 Fam LR 260; [2001] NSWSC 1101
Health Topics: Sexual and reproductive health
Human Rights: Right to family life, Right to property
Facts:

Ms. Ganter had had her eggs removed, fertilized with semen from Mr. Whalland (her partner of eight years, with whom she was in a de facto relationship) and frozen, in accordance with an agreement (the “Agreement”) made between Ms. Gantar, Mr. Whalland and the fertilization company. After Ms. Gantar and Mr. Whalland separated, Ms. Gantar …Read more

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

R v. Human Fertilisation and Embryology Authority, ex parte Blood

Country: United Kingdom
Year: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] 2 All ER 687; [1997] 2 WLR 806; [1999] Fam 151
Health Topics: Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

Mr. and Mrs. Blood were married and attempting to have a family. Unfortunately, Mr. Blood contracted meningitis and went into a coma prior to any conception, so Mrs. Blood requested that doctors take sperm by electro-ejaculation while Mr. Blood was in the coma. The doctors took two different samples, and Mr. Blood passed away soon …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Compulsory treatment, Family planning, Forced treatment, Health care technology, Health regulation, In utero fertilization, In vitro fertilization, Informed choice, Involuntary treatment, Mandatory treatment, Non-consensual testing and treatment, Patient choice, Spousal consent, Unauthorized treatment
Download Judgment: English

Case 94-343/344 DC

Country: France
Year: 1994
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°94-343/344 DC, 27 July 1994
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to life, Rights to the benefits of culture
Facts:

The Speaker of the National Assembly and sixty-eight deputies lodged a constitutional challenge in the Conseil Constitutionnel against several controversial provisions in the field of reproductive health. These were articles 8, 9, 10, 12 and 14 of law n°75-17, Loi relative au respect du corps humain et loi relative au don et à l’utilisation des …Read more

Tags: Abortion, Assisted reproductive technology, Counseling, Fertility, In utero fertilization, In vitro fertilization, Infertility, Termination of pregnancy, Therapeutic abortion
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Case 750B/1990

Country: Hungary
Year: 1991
Court: Constitutional Court
Health Topics: Aging, Child and adolescent health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life
Facts:

The petitioner, Dr. Zsuzsanna Gábor, challenged the constitutionality of Hungary’s law that required women to be married and under forty years of age in order to undergo artificial insemination. The law was challenged on the grounds that it discriminated based on age and marital status, which was prohibited under Article 70 of Hungary’s constitution.

Tags: Assisted reproductive technology, Child development, Family planning, Fertility, In vitro fertilization, Infertility, Older persons, Pregnancy
Download Judgment: English Hungarian

YG v. Jewish Hospital

Country: United States
Year: 1990
Court: Court of Appeals of Missouri
Citation: 795 SW 2d 488 (1990)
Health Topics: Health information, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The Appellants, Y.G. and L.G, husband and wife, brought this common law tort claim of an invasion of privacy. At the time of the incident, the wife, L.G., was five months pregnant, bearing triplets conceived through in vitro fertilization (IVF) at and under the guidance of the Jewish Hospital of St. Louis (the Hospital). The …Read more

Tags: Confidentiality, Disclosure, Family planning, Health information, In vitro fertilization, Infertility, Non-disclosure, Pregnancy, Secrecy
Download Judgment: English