52 judgments found.

Alyne da Silva Pimentel Teixeira v. Brazil

Country: Brazil
Year: 2011
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 17/2008; UN Doc. CEDAW/C/49/D/17/2008
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to health, Right to life
Facts:

The author of the communication, the mother of a woman who had died during childbirth, claimed that Brazilian authorities had not ensured access to quality medical treatment during her daughter’s delivery in violation of nondiscrimination provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). More specifically, the author of …Read more

Tags: Access to health care, Access to treatment, Childbirth, Clinics, Diagnostics, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Health funding, Health records, Inadequate treatment, Inappropriate treatment, Indigent, Low income, Maternal health, Maternal mortality, Medical records, Miscarriage, Misdiagnosis, Negligence, Poor, Pregnancy, Private hospitals, Underprivileged
Download Judgment: English

Court on Its Own Motion v. Union of India

Country: India
Year: 2011
Court: High Court - Delhi
Citation: W.P.(C) 5913/2010
Health Topics: Health care and health services, Health information, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The Delhi High Court made its own motion because of a newspaper report about a destitute woman who died on a busy street while giving birth to a baby girl. The girl had been struggling for life at a foster home named Udayan which was located in Delhi. The Court had subsequently issued directions to …Read more

Tags: Access to health care, Access to treatment, Awareness, Childbirth, Health care professionals, Health care workers, Health education, Health facilities, Health promotion, Indigent, Low income, Maternal health, Maternal mortality, Poor, Pregnancy, Underprivileged
Download Judgment: English

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

Case of Ternovszky v. Hungary

Country: Hungary
Year: 2010
Court: European Court of Human Rights
Citation: no. 67545/09, ECHR 2010
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to privacy, Right to social security
Facts:

The applicant, Anna Ternovszky, a pregnant woman who intended to give birth at home, filed a complaint before the European Court of Human Rights., alleging that s. 101(2) of Government Decree no. 218/1999 (XII.28.) violated her rights under the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). Ternovszky claimed that health professionals were …Read more

Tags: Access to healthcare, Access to treatment, Child and adolescent health, Childbirth, Health care, Health care and health services, Health care professionals, Infant health, Infant mortality, Informed choice, Informed consent, Maternal health, Maternal mortality, Midwifery, Patient choice, Pregnancy, Sexual and reproductive health
Download Judgment: English

Law and Advocacy for Women in Uganda v. Attorney General

Country: Uganda
Year: 2010
Court: Constitutional Court at Kampala
Citation: [2010] UGCC 4; Constitutional Petition No. 8 of 2007
Health Topics: HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy, Rights to the benefits of culture
Facts:

Petitioner NGO brought a petition requesting that the Court declare that the act of female genital mutilation (FGM) was in violation of various articles of the Uganda Constitution.  The Petitioner argued that FGM was practiced extensively by the certain Ugandan tribes, and that FGM was crudely carried out, involved excruciating pain, could lead to death, …Read more

Tags: AIDS, Degrading treatment, Female genital mutilation, Hepatitis, HIV, Humiliating treatment, Indigenous groups, Inhuman treatment, Maternal health, Maternal mortality, Torture, Transmission, Violence against women
Download Judgment: English

Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors

Country: India
Year: 2010
Court: High Court - Delhi
Citation: [2010] INDLHC 2983
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Right to food, Right to health, Right to life
Facts:

This case deals with two petitions, Laxmi Mandal v. Deen Dayal Hari Nagar Hospital and Jaitun v. Maternity Home, MCD, Jungpura. Shanti Devi, Laxmi Mandal’s (the Petitioner) sister, died shortly after giving birth to a premature baby. This was her sixth pregnancy. The previous pregnancy ended in miscarriage. Shanti Devi was not provided with any …Read more

Tags: Children, Family planning, Infant health, Infant mortality, Malnutrition, Maternal health, Maternal mortality, Minor, Public hospitals
Download Judgment: English

Maternity Clinic Nursing Home at Pipulpati Chinsurah v. Saikat Shom

Country: India
Year: 2010
Court: National Consumer Disputes Redressal Commission
Citation: Disputes Redressal Commission (NCDRC), REVISION PETITION NO. 204 OF 2006.
Health Topics: Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Facts:

Mahua Shom went to a nursing home’s maternity clinic to deliver her child. She was admitted at 8:30 am on August 25, 1997 to a clinic belonging to the wife of Dr. S.B. Mondal, a gynecologist. Despite her emergency condition, she was not seen by physicians until 4:00 pm, when a treating doctor completed delivery …Read more

Tags: Access to health care, Childbirth, Clinics, Compensation, Damages, Eclampsia, Emergency care, Health facilities, Healthcare professionals Health care workers, Inadequate care, Inappropriate treatment, Maternal health, Maternal mortality, Negligence, Pregnancy
Download Judgment: English

Xákmok Kásek Indigenous Community v. Paraguay

Country: Paraguay
Year: 2010
Court: Inter-American Court of Human Rights
Citation: Inter-Am. Ct. H.R. (ser. C) No. 214 (Aug. 24, 2010).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Infectious diseases, Medicines, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life, Right to property
Facts:

Indigenous community Xákmok Kásek brought an action against the government of Paraguay before the Inter-American Commission on Human Rights for failure to meet its international responsibility of timely granting the community members’ request in 1990 for a guarantee of their right to their ancestral lands. Because the government had failed to process their request, the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Chagas, Childbirth, Children, Dehydration, Diet, Drinking water, Health insurance, Health records, Immunization, Indigenous groups, Infant health, Infant mortality, Malnutrition, Maternal health, Maternal mortality, Medical records, Minor, Potable water, Pregnancy, Stunting, Tuberculosis, Vaccination, Vaccines
Download Judgment: English Spanish

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-209/08

Country: Colombia
Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional[C.C.][Constitutional Court],Sala Novena de Revisión febrero 28, 2008, M.P.: Clara Inés Vargas Hernández, Sentencia T-209/08 (Colom.).
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right of access to information, Right to bodily integrity, Right to health, Right to liberty and security of person
Facts:

A girl, aged 13, was a victim of rape and became pregnant as a result. The girl was affiliated with the Coomeva healthcare provider company. However, the company refused to perform a legal abortion claiming conscientious objection on the part of all of its physicians. The company then referred her to the Erasmo Meoz de …Read more

Tags: Abortion, Health care professionals, Health care workers, Maternal health, Maternal mortality, Pregnancy, Rape, Sexual abuse, Sexual violence, Termination of pregnancy, Therapeutic abortion, Unsafe abortion, Violence against women
Download Judgment: English Spanish