27 judgments found.

Rees v. Darlington Memorial NHS Trust

Country: United Kingdom
Year: 2003
Court: House of Lords
Citation: [2003] UKHL 52
Health Topics: Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life
Facts:

After conceiving as a result of a failed sterilization surgery, Karina Rees filed a claim of negligence against the Darlington Memorial NHS Trust (the Trust) to recover the costs of rearing her child. Mrs. Rees suffered from a genetic condition that had left her almost completely blind. She believed that her disability meant that raising …Read more

Tags: Disabled, Duty of care, Family planning, Handicapped, Inadequate treatment, Inappropriate treatment, Negligence, Physically challenged, Sterilization, Tort
Download Judgment: English

STC 215/1994

Country: Spain
Year: 1994
Court: Constitutional Court
Health Topics: Infectious diseases, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to life
Facts:

The parents of a mentally-disabled woman requested that the court authorize the sterilization of their daughter.  According to the Article 428 of the Criminal Code made in accordance with Article 6 LO 3/89 of 21 June (the “challenged provision”), sterilization of a disabled person who suffered from serious psychological deficiency would not be unlawful if the …Read more

Tags: Abortion, Birth control, Childbirth, Compulsory sterilization, Degrading treatment, Forced abortion, Forced sterilization, Humiliating treatment, Incapacity, Incompetence, Inhuman treatment, Involuntary sterilization, Mandatory sterilization, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, STDs, Sterilization, STIs
Download Judgment: English

Department of Health & Community Services v JWB & SMB (“Marion’s Case”)

Country: Australia
Year: 1992
Court: High Court
Citation: (1992) 175 CLR 218; [1992] HCA 15
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
Facts:

“Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more

Tags: Children, Contraception, Contraceptives, Deaf, Disabled, Forced sterilization, Forced treatment, Handicapped, Incompetence, Informed choice, Involuntary treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Minor, Non-consensual testing and treatment, Patient choice, Physically challenged, Pregnancy, Psychiatry, Psychology, Sterilization
Download Judgment: English

F v. West Berkshire Health Authority and Anr.

Country: United Kingdom
Year: 1989
Court: House of Lords
Citation: [1989] 2 All ER 545
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

F was a 36 year old adult woman who suffered from a disability that left her with the mental capacity of a young child.  She had been a voluntary in-patient at a mental hospital since the age of 14, where she received treatment and enjoyed a great degree of freedom of movement. Although the facility …Read more

Tags: Birth control, Compulsory treatment, Forced treatment, Incompetence, Informed choice, Involuntary treatment, Mental competence, Mental disability, Mental retardation, Non-consensual testing and treatment, Patient choice, Sterilization, Unauthorized treatment
Download Judgment: English

E. (Mrs.) v. Eve

Country: Canada
Year: 1986
Court: Supreme Court
Citation: [1986] 2 S.C.R. 388
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

Eve was a mentally disabled young woman suffering from a condition that made it extremely difficult for her to communicate with others. She was not capable of understanding the consequential relationship between intercourse, pregnancy and birth.  Mrs. E, her mother, was concerned that Eve might innocently become pregnant, which would mean that she, an elderly …Read more

Tags: Compulsory sterilization, Compulsory treatment, Contraception, Contraceptives, Family planning, Forced sterilization, Forced treatment, Incapacity, Incompetence, Informed choice, Involuntary sterilization, Mandatory sterilization, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization
Download Judgment: English French

Walker v. Pierce

Country: United States
Year: 1977
Court: United States Court of Appeals, Fourth Circuit
Citation: Walker v. Pierce 560 F.2d 609 (4th Cir. 1977)
Health Topics: Health care and health services, Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to health, Right to privacy
Facts:

Plaintiff Virgil Walker filed suit against Defendant, Clovis H. Pierce, the attending obstetrician at Aiken County Hospital in South Carolina, seeking damages and declaratory and injunctive relief for a violation of her civil rights under the 1st, 4th, 5th 8th, 9th, 13th, and 14th amendments. Virgil Walker, an African American woman on Medicaid, went to …Read more

Tags: Access to health care, Family planning, Indigent, Involuntary sterilization, Low income, Patient choice, Poor, Sterilization
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Skinner v. Oklahoma

Country: United States
Year: 1942
Court: Supreme Court
Citation: 316 U.S. 535 (1942)
Health Topics: Informed consent, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to liberty and security of person
Facts:

Petitioner brought a constitutional challenge to provisions of Oklahoma’s Habitual Criminal Sterilization Act of 1935 (the Act), which permitted sentences of compulsory sterilization for “habitual offenders” in crimes involving “moral turpitude.”  Pursuant to section 195 of the Act, the same sentence did not extend to white-collar crimes, defined as those “offenses arising out of the …Read more

Tags: Compulsory treatment, Detention, Forced treatment, Imprisonment, Incarceration, Inmate, Involuntary treatment, Jail, Non-consensual testing and treatment, Sterilization
Download Judgment: English