JOO v. Attorney General & six others

Country: Kenya
Year: 2018
Court: High Court of Kenya at Bungoma
Citation: [2018] eKLR
Facts:

The Petitioner, Josephine Majani, was a woman from a poor economic background, who was in need of maternal care. As she could not afford private medical care, she went to Bungoma County Referral Hospital, a public health care facility that ought to provide free maternal health care following a Presidential directive that was issued on …Read more

Tags: Freedom from Torture and Cruel, Health care and health services, Health information, Hospitals, Inhuman or Degrading Treatment, Medicines, Right of Access to Information, Right to Health, Sexual and reproductive health
Download Judgment: English

Transgender Europe and ILGA-Europe v. the Czech Republic

Country: Czech Republic
Year: 2018
Court: European Committee of Social Rights
Citation: Complaint No. 117/2015
Facts:

Transgender Europe and ILGA-Europe, the petitioners, filed a complaint before the European Committee of Social Rights (hereinafter “the Committee”). The plaintiffs alleged before the Committee that the situation in the Czech Republic was in breach of art.11 either alone or in light of the non-discrimination clause of the Preamble to the 1961 European Social Charter …Read more

Tags: Freedom from Discrimination, Health care and health services, Informed consent, Right to bodily integrity, Right to Health, Sexual and reproductive health
Download Judgment: English

Meadows v. Khan

Country: United Kingdom
Year: 2017
Court: High Court of Justice Queen’s Bench Division
Citation: [2017] EWHC 2990 (QB)
Facts:

The claimant, Omodele Meadows, brought this case before the High Court of Justice to recover additional costs for raising her son, Adejuwon, who suffered from Hemophilia and autism. Prior to her pregnancy, the claimant, after seeing her nephew diagnosed with hemophilia, had taken blood tests to determine whether she was a carrier and was informed …Read more

Tags: Disabilities, Health information, Medical malpractice, Right of Access to Information, Sexual and reproductive health
Download Judgment: English

Federation of Catholic Families in Europe v. Sweden

Country: Sweden
Year: 2015
Court: European Committee of Social Rights
Citation: Complaint No. 99/2013
Facts:

The complainant, Federation of Catholic Families in Europe (FAFCE), had alleged violation of Article 11 of the European Social Charter(hereinafter Charter) on the ground that the government of Sweden (hereinafter respondent) had failed to enact legislation or insufficient/poorly implement legislation governing the practice of conscientious objection by health care providers, which had led to discrimination …Read more

Tags: Freedom from Discrimination, freedom of religion, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Occupational health, Right to Enjoyment of Favorable Working Conditions, Right to Health, Sexual and reproductive health
Download Judgment: English

Hallo Bi @ Halima W/O Aamin v. State of Madhya Pradesh & two Others

Country: India
Year: 2013
Court: High Court of Madhya Pradesh
Citation: 2013SCCONLINEMP445
Facts:

The petitioner in the present case was a pregnant woman, languishing in jail for allegedly committing murder under Section 302 of the Indian Penal code, of Usman, who forced her into prostitution and committed rape on her. An application for termination of her pregnancy was rejected by the Chief Judicial Magistrate and therefore the case …Read more

Tags: Informed consent, Mental health, prisons, Right to bodily integrity, Right to Liberty and Security of Person, Sexual and reproductive health, violence
Download Judgment: English

R v Kuoth

Country: Australia
Year: 2010
Court: Supreme Court of Victoria – Court of Appeal
Citation: [2010] VSCA 103
Facts:

The applicant Mr.Kuoth was sentenced by the County Court of Victoria on two counts, which were related to the same victim and the same evening, but were separated in time. He was sentenced to punishment for his reckless conduct endangering persons under s.23 of the Crimes Act 1958, where he had unprotected sex with the …Read more

Tags: HIV/AIDS, Infectious diseases, Informed consent, Right to Due Process/Fair Trial, Right to Liberty and Security of Person, Sexual and reproductive health
Download Judgment: English

R v Parenzee

Country: Australia
Year: 2007
Court: Supreme Court South Australia (Court of Criminal Appeal)
Citation: [2007] SASC 316
Facts:

The appellant, Mr. Parenzee, had filed an application seeking permission to appeal against the decision of the trial Judge before the Full Bench of the Supreme Court of South Australia. The ground for the appeal as put by the appellant was a miscarriage of justice caused by the absence of a piece of evidence at …Read more

Tags: HIV/AIDS, Right of Access to Information, Right to Due Process/Fair Trial, Right to Life, Sexual and reproductive health
Download Judgment: English

Nand Kishore Sharma and Ors. vs. Union of India and Anr.

Country: India
Year: 2006
Court: High Court of Rajasthan
Citation: AIR 2006 Raj 166, 2006 WLC Raj UC 411
Facts:

The petitioner, a social activist, filed a writ petition to challenge the constitutionality of the Medical Termination of Pregnancy Act, 1971. Specifically, the petitioner alleged that Section 3(2) (a) and (b), and Explanations 1 and 2 which allow termination of pregnancy in exceptional cases after receiving the opinion of the registered medical practitioner, violated the …Read more

Tags: Right to Liberty and Security of Person, Right to Life, Sexual and reproductive health
Download Judgment: English
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