12 judgments found.

Writ Of Habeas Corpus 124.306 Rio De Janeiro STATE

Country: Brazil
Year: 2016
Court: Supreme Federal Court of Brazil
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The writ of Habeas Corpus was brought for the release of the defendants who were arrested for providing illegal abortion services through their clinic with the consent of the women. The Criminal District Court released the defendants but allowed the appeal of the Public Prosecutor for a pre-trial detention. The decision was based on the …Read more

Tags: Abortion, Access to health care, Access to treatment, Birth control, Childbirth, Clinics, Contraception, Contraceptives, Custody, Detainee, Detention, Family planning, Health facilities, Late-term abortion, Maternal health, Pregnancy, Private hospitals, Termination of pregnancy, Therapeutic abortion
Download Judgment: English Portuguese

In the Matter of the Law on Termination of Pregnancy in Northern Ireland

Country: United Kingdom
Year: 2015
Court: The High Court of Justice in Northern Ireland, Queen’s Bench Division
Citation: [2015] NIQB 96; 2014 No. 125661/01
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
Facts:

The Northern Ireland Human Rights Commission (“Commission”) brought an application alleging that the rights of women in Northern Ireland who are or become pregnant with a serious malformation of the fetus (SMF), fatal fetal abnormality (FFA) or who are pregnant as a result of sexual crimes were being breached by Section 58 and Section 59 …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Disabled, Family planning, Health regulation, Infant health, Infant mortality, Informed choice, Late-term abortion, Maternal health, Maternal mortality, Patient choice, Pregnancy, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Termination of pregnancy, Therapeutic abortion, Unsafe abortion, Violence against women
Download Judgment: English

R.R. v. Poland

Country: Poland
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 27617/04
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to privacy
Facts:

This case concerned access to timely prenatal examinations in order to make an informed decision whether or not to continue with a pregnancy. During her eighteenth week of pregnancy, RR’s doctor told her that her fetus might be affected by a malformation. RR informed her doctor that if further tests confirmed the malformation, she would …Read more

Tags: Abortion, Abortion counseling, Access to treatment, Degrading treatment, Diagnostics, Examination, Family planning, Humiliating treatment, Late-term abortion, Partial birth abortion, Pregnancy, Termination of pregnancy, Testing, Viability
Download Judgment: English

In the Matter of an Application by the Society for the Protection of Unborn Children for Judicial Review

Country: United Kingdom
Year: 2009
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2009] NIQB 92
Health Topics: Health care and health services, Health information, Informed consent, Sexual and reproductive health
Human Rights: Right to life
Facts:

The law applicable to abortion and medically induced miscarriages in Northern Ireland was a 19th century law (the Offences against the Person Act 1861), which made it a crime to procure a miscarriage. Courts had interpreted this principle to decide that if a person who procured the abortion acted in good faith for the purpose …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Conscientious objection, Health education, Informed choice, Late-term abortion, Maternal health, Miscarriage, Partial birth abortion, Patient choice, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Case 146/2007 and its cumulative 147/2007

Country: Mexico
Year: 2008
Court: Suprema Corte de Justicia de la Nación [Supreme Court of Justice of the Nation]
Citation: Acción de Inconstitucionalidad 146/2007 y su acumulada 147/2007
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to health, Right to liberty and security of person, Right to life
Facts:

Please note that only portions of the original judgment have been translated into English. This summary is primarily written from those portions. The Federal District legislature approved reforms to the Criminal Code of the Federal District in which it decriminalized and legalized abortion performed during the first 12 weeks of gestation. It also amended the …Read more

Tags: Abortion, Abortion counseling, Access to treatment, Conscientious objection, Criminalization, Family planning, Informed choice, Late-term abortion, Maternal mortality, Midwifery, Minor, Parental consent, Pregnancy, Spousal consent, Termination of pregnancy, Unsafe abortion
Download Judgment: English Spanish

Case T-171/07

Country: Colombia
Year: 2007
Court: Constitutional Court
Citation: Corte Constitucional [C.C] [Constitutional Court], Sala Tercera de Revisión, Marzo 9, 2007, MP.: Jaime Córdoba Triviño, Sentencia T-171/07.
Health Topics: Health care and health services, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to liberty and security of person
Facts:

The petitioner brought an tutela action (appeal for legal protection) against SALUDVIDA E.P.S., a health insurance company, for violation of her right to surgical abortion, seeking legal protection of her right to psychological and physical integrity and permission to have an abortion. The petitioner claimed that during the fifth month of her pregnancy, her fetus had …Read more

Tags: Abortion, Abortion technique, Access to health care, Access to treatment, Conscientious objection, Criminalization, Emergency care, Late-term abortion, Maternal health, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English Spanish

Case C-355/06

Country: Colombia
Year: 2006
Court: Corte Constitucional [Constitutional Court]
Citation: Sentencia C-355/06
Health Topics: Child and adolescent health, Health systems and financing, Mental health, Poverty, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to development, Right to health, Right to liberty and security of person, Right to life
Facts:

Women petitioners brought a tutela action (appeal for legal protection) requesting that the Court declare unconstitutional particular provisions of the Penal Code (Articles 122 (criminalized abortion), 123 (criminalized abortion without consent), and 124 (mitigating circumstances)) that criminalized abortion, claiming that, first, the doctrine of res judicata did not apply to them with regards to previous decisions …Read more

Tags: Abortion, Access to treatment, Children, Criminalization, Cruel treatment, Degrading treatment, Family planning, Late-term abortion, Maternal health, Maternal mortality, Minor, Pregnancy, Rape, Termination of pregnancy, Therapeutic abortion, Unsafe abortion
Download Judgment: Spanish

James Demers v. Canada

Country: Canada
Year: 2006
Court: Inter-American Commission on Human Rights
Citation: Report No. 85/06, Petition P-225-04, October 21, 2006; OEA/Ser.L/V/II.127, Doc. 4 rev. 1, 3 March 2007
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of association, Freedom of expression, Right to life
Facts:

This report addresses the admissibility of a petition that alleged Canada failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration), including protection of the right to life, the right of special protection of women during pregnancy and the freedom of expression and dissemination of ideas. Anti-abortion …Read more

Tags: Abortion, Criminalization, Late-term abortion, Maternal health, Partial birth abortion, Pregnancy, Termination of pregnancy
Download Judgment: English Spanish

Jackson Women’s Health Organisation v. Brian W. Amy (State Health Officer, Mississippi)

Country: United States
Year: 2005
Court: United States District Court Southern District Of Mississippi Jackson Division
Citation: No CivA 3:04CV495LN, 2005 WL 1412125 (SDMiss 2005)
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health
Facts:

The plaintiff- Jackson Women’s Health Organisation filed a motion challenging a provision in the Mississippi Code stating, “abortion procedures after the first-trimester shall be performed only at an ambulatory surgical facility or hospitals licensed to perform that service, and for related purposes. The plaintiff alleged that this provision had effectively banned it from performing abortions …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Clinics, Counseling, Health care technology, Health facilities, Late-term abortion, Maternal health, Private hospitals, Public hospitals
Download Judgment: English

CES and Anr. v. Superclinics and Ors.

Country: Australia
Year: 1995
Court: Supreme Court of New South Wales
Citation: (1995) 38 NSWLR 47; (1995) Aust Torts Reports 81-360
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

CES (‘the first appellant’) sought damages from Superclinics (‘respondent’) for the loss of an opportunity to terminate her pregnancy. The first appellant, a 21-year-old woman, visited a doctor at Superclinics after she missed her period. She stated that if she were found to be pregnant, she would like the pregnancy terminated. The doctor did not …Read more

Tags: Abortion, Abortion counseling, Childbirth, Compensation, Counseling, Criminalization, Damages, Depression, Diagnostics, Duty of care, Examination, Family planning, Health care professionals, Health care workers, Late-term abortion, Maternal health, Misdiagnosis, Negligence, Pregnancy, Remedies, Termination of pregnancy, Testing, Therapeutic abortion, Tort
Download Judgment: English
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