33 judgments found.

V.C. v. Slovakia

Country: Slovakia
Year: 2011
Court: European Court of Human Rights
Citation: App. No. 18968/07, Eur. Ct. H.R. (2011).
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life, Right to privacy
Facts:

The applicant, a woman of Roma origin, was sterilized at the hospital during the delivery of her second child. Prior to the Cesarean section, the medical personnel allegedly asked the applicant whether she wanted any more children. When she expressed that she did, the medical personnel allegedly told the applicant that if she got pregnant …Read more

Tags: Birth control, Caesarean, Childbirth, Compulsory sterilization, Contraception, Contraceptives, Family planning, Forced sterilization, Forced treatment, Health facilities, Inappropriate treatment, Infertility, Informed choice, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Mandatory treatment, Maternal health, Maternal mortality, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
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

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

Community of La Oroya v. Peru

Country: Peru
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 76/09, Petition 1473-06, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Health care and health services, Sexual and reproductive health
Human Rights: Freedom of expression, Right to a clean environment, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to privacy
Facts:

Petitioners alleged that environmental pollution from a metallurgical complex in La Oroya, Peru caused a series of violations of the rights of community members. They alleged Peru was guilty by act and omission for its failure to control the metallurgical complex; its lack of supervision of the facility’s operation; and its failure to adopt measures …Read more

Tags: Access to health care, Access to treatment, Asthma, Biohazard, Biosafety, Cancer, Child development, Child mortality, Children, Contamination, Diagnostics, Heart disease, Industrial waste, Infant health, Infant mortality, Infertility, Kidney disease, Lung disease, Maternal health, Minor, Neurological diseases, Poisoning, Pollution, Respiratory diseases, Skin disease, Toxic waste
Download Judgment: English Spanish

K.H. and Others v. Slovakia

Country: Slovakia
Year: 2009
Court: European Court of Human Rights
Citation: App. No. 32881/04, 49 Eur. Ct. H.R. 34 (2009).
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life
Facts:

The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more

Tags: Caesarean, Compulsory sterilization, Compulsory treatment, Disclosure, Family planning, Fertility, Forced sterilization, Forced treatment, Freedom of information, Health care professionals, Health care workers, Health data, Health records, Health regulation, Inappropriate treatment, Indigent, Infertility, Informed choice, Involuntary treatment, Low income, Mandatory sterilization, Maternal health, Medical records, Non-consensual testing and treatment, Non-disclosure, Patient choice, Poor, Pregnancy, Public hospitals, Secrecy, Sterilization, Tort, Unauthorized treatment, Underprivileged
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

Yolanda v. Regional Healthcare Department of the Generalitat Valenciana

Country: Spain
Year: 2009
Court: Supreme Court
Citation: STS 16-11-2009 Appeal No. 4426/2008
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to health, Right to social security
Facts:

The plaintiff sued the defendant, Regional Healthcare Department of the Generalitat Valenciana (RHD) for a refund of medical expenses following its denial of fertilization treatment. The plaintiff was carrying a genetic illness multiple endocrine neoplasia type II (MEN II). She had surgery after being diagnosed with the disease. Subsequently, the plaintiff decided she wanted to …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Emergency care, Fertility, Health funding, Health insurance, In vitro fertilization, Infertility, Out-of-pocket expenditures, Pregnancy, Private hospitals, Public hospitals, Reimbursement, Social security, Tertiary care
Download Judgment: English Spanish

I.V. v. Bolivia (Admissibility)

Country: Bolivia
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 40/08, Petition 270-07, July 23, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Informed consent, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to privacy
Facts:

In 2000, the Ombudsman of Bolivia, on behalf of the victim, lodged a petition to the Inter-American Commission on Human Rights alleging that victim was submitted to a surgical procedure of ligature of the fallopian tubes in a public hospital without her informed consent and this was therefore an involuntary sterilization. The Ombudsman further alleged …Read more

Tags: Caesarean, Childbirth, Forced sterilization, Forced treatment, Infertility, Informed choice, Involuntary sterilization, Involuntary treatment, Maternal health, Maternal mortality, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
Download Judgment: English Spanish