168 judgments found.

Paola Del Rosario Guzman Albarracin and Next of Kin v. Ecuador

Country: Ecuador
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 76/08, Petition 1055-06, October 17, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Health care and health services, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

The Centro de Derechos Reproductivos (Center for Reproductive Rights) and the Centro Ecuatoriano para la Promoción y Acción de la Mujer (Center for the Advancement and Action of Women) (CEPAM-Guayaquil) alleged that the assistant principal at the public school where Paola del Rosario Guzmán Albarracín, age 16, was a student, took advantage of his position …Read more

Tags: Abortion, Access to treatment, Child development, Childbirth, Children, Emergency care, Maternal health, Minor, Molestation, Pregnancy, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Suicide, Termination of pregnancy, Unsafe abortion, Violence against women
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Pediatric Clinic of Los Lagos v. Brazil

Country: Brazil
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 70/08, Petition 12.242, October 16, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Hospitals, Infectious diseases, Medical malpractice, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to life
Facts:

Ten children died as a result of the presumed medical negligence of the personnel at the Clínica Pediátrica da Região dos Lagos. The hospital received funds from the state via the public system of health of Brazil called Sistema Unico de Salud. The majority of children treated at the hospital were from families with “reduced …Read more

Tags: Childbirth, Children, Cleanliness, Clinics, Compensation, Damages, Duty of care, Inadequate treatment, Inappropriate treatment, Indigent, Infant health, Infant mortality, Low income, Minor, Negligence, Pediatric health, Poor, Pregnancy, Private hospitals, Remedies, Standard of care, Underprivileged
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Right to Life New Zealand Inc. v. Abortion Supervisory Committee

Country: New Zealand
Year: 2008
Court: High Court
Citation: [2008] NZHC 865; [2008] 2 NZLR 825
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to liberty and security of person, Right to life
Facts:

This case was amended by a Judgment on Declaratory Relief and then overruled by the Court of Appeal in [2011] NZCA 246. The applicant, the Right to Life New Zealand (RTL), argued that the high rate of abortion in New Zealand indicated women were accessing “abortions on request” in contravention of the Contraception, Sterilisation and Abortion …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Clinics, Counseling, Depression, Diagnostics, Health care professionals, Health care workers, Health facilities, Health records, Health regulation, Maternal health, Medical records, Pregnancy, Standard of care, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Advocate Sapana Pradhan Malla v. Prime Minister

Country: Nepal
Year: 2007
Court: Supreme Court
Citation: Writ No. 3561 of the year 2063 B. S (2006)
Health Topics: Child and adolescent health, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to due process/fair trial, Right to education, Right to health, Right to life, Right to privacy, Right to property, Right to work
Facts:

The Forum for Women, Law and Development, the Petitioner, was an organization working with vulnerable communities such as women, children and people living with HIV/AIDS (PLHIVA). Although the right to privacy was guaranteed under Article 28 of the Interim Constitution, 2007, there were no legal provisions safeguarding the privacy of women, children, or PLHIVA (the …Read more

Tags: Abortion, AIDS, Children, Domestic abuse, Domestic violence, HIV positive, HIV status, Minor, Pediatric health, People living with HIV/AIDS, PLHIV, Pregnancy, Sexual assault, Sexual harassment, Sexual violence, Termination of pregnancy, Violence against women
Download Judgment: English

Case 0874/2007-R

Country: Bolivia
Year: 2007
Court: Constitutional Tribunal
Citation: Tribunal Constitucional [Constitutional Court], Constitutional Judgment 0874/2007-R, December 12, 2007 (Bol.).
Health Topics: Sexual and reproductive health
Human Rights: Right to health, Right to liberty and security of person, Right to life, Right to social security, Right to work
Facts:

The plaintiff worked as the Senior Administrative Officer of the Municipal Office of Ocuri. When she became pregnant, she informed the Mayor in order to receive a prenatal allowance. The mother received the subsidy for only one of the two months to which she was entitled and she did not received any salary during that …Read more

Tags: Employment, Maternal health, Pregnancy, Social security, Subsidies
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Case 149

Country: Romania
Year: 2007
Court: National Council for Combating Discrimination
Citation: Decision No. 149 of 17 October 2007
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

On August 28, 2009, Mrs. Y, a pregnant woman of Roma ethnic origin, went to Targu Neamt Hospital Obstetrics and Gynaecology Department, a public hospital, for a check-up.  Dr. X performed the check-up and sent her home, telling her there was nothing wrong with her and making certain derogatory statements about gypsies. When Mrs. Y …Read more

Tags: Access to health care, Access to treatment, Clinics, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Maternal health, Miscarriage, Pregnancy, Primary care, Private hospitals, Public hospitals, Termination of pregnancy
Download Judgment: English

Case of Dickson v. The United Kingdom

Country: United Kingdom
Year: 2007
Court: The European Court of Human Rights
Citation: Application no. 44362/04
Health Topics: Health care and health services, Prisons, Sexual and reproductive health
Human Rights: Right to family life
Facts:

The applicants met and married while both were incarcerated via a pen-pal program. The applicants wished to conceive a child. However, given Ms. Dickson’s age at the time of Mr. Dickson’s earliest release date, it was unlikely they would be able to have a child without the use of artificial insemination facilities. As such, the …Read more

Tags: Access to health care, Assisted reproductive technology, Detention, Imprisonment, In utero fertilization, Incarceration, Inmate, Jail, Pregnancy
Download Judgment: English

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
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Case VII SA/Wa 185/07

Country: Poland
Year: 2007
Court: Voivodeship Administrative Court - Warsaw
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to social security
Facts:

On August 2006, the Director of the Voivodeship Branch of the National Health Fund rejected the application of the plaintiffs for the reimbursement of the costs incurred during the plaintiff’s in vitro fertilization procedure. The plaintiffs had neither obtained a physician’s referral for the in vitro treatment nor filed an application with the Director of …Read more

Tags: Assisted reproductive technology, Diagnostics, Examination, Fertility, Health care technology, Health funding, Health insurance, In vitro fertilization, Infertility, Out-of-pocket expenditures, Pregnancy, Reimbursement, Social security
Download Judgment: English Polish

Eggertsdóttir, Sara Lind v. Iceland

Country: Iceland
Year: 2007
Court: European Court of Human Rights
Citation: App. No. 31930/04, Eur. Ct. H.R. 553 (2007).
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Facts:

The applicant, an Icelandic national was born physically and mentally handicapped at the National and University Hospital (NUH). Linking the cause to possible mistakes on the part of the hospital staff, the applicant’s parents brought judicial proceedings on her behalf against the State of Iceland. The District Court found that the State was liable and …Read more

Tags: Caesarean, Child development, Childbirth, Children, Compensation, Damages, Disabled, Handicapped, Inappropriate treatment, Infant health, Minor, Negligence, Pregnancy, Remedies
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