36 judgments found.

K.L. v. Peru

Country: Peru
Year: 2005
Court: Human Rights Committee
Citation: CCPR/C/85/D/1153/2003, Communication No. 1153/2003
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Right to health, Right to life, Right to privacy
Facts:

K.L was a 17 year old pregnant woman who was denied an abortion despite complications in her pregnancy. The foetus was anencephalic. Peruvian abortion laws allowed abortions in case there was a danger to the life or health of the mother. Anencephalic condition posed a life-threatening risk to K.L. The baby died after four days …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Childbirth, Children, Clinics, Counseling, Depression, Health facilities, Infant health, Infant mortality, Maternal health, Maternal mortality, Minor, Pediatric health, Pregnancy, Primary care, Private hospitals, Public hospitals, Termination of pregnancy, Therapeutic abortion, Trauma
Download Judgment: English

Llantoy Huamán, Karen Noelia (K.L.) v. Peru

Country: Peru
Year: 2005
Court: United Nations Human Rights Committee
Citation: Llantoy Huamán v. Peru, U.N. H.R. Comm., U.N. Doc. CCPR/C/85/D/1153/2003 (2005).
Health Topics: Child and adolescent health, Health care and health services, 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 health, Right to life, Right to privacy
Facts:

A 17-year-old Peruvian minor was denied a legal therapeutic abortion when tests indicated that her fetus was anencephalic and a gynecologist and obstetrician advised her to terminate the pregnancy, informing her that continued pregnancy would cause risks to her life. The hospital director refused, alleging the abortion would be unlawful according to the Peruvian Criminal …Read more

Tags: Abortion, Access to treatment, Children, Criminalization, Depression, Minor, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Vo v. France

Country: France
Year: 2004
Court: European Court of Human Rights
Citation: Application No. 53924/00; (2005) 40 EHRR 12; 17 BHRC 1; [2005] Inquest LR 129; (2004) 79 BMLR 71; [2004] 2 FCR 577; [2004] ECHR 326
Health Topics: Health care and health services, Medical malpractice, Sexual and reproductive health
Human Rights: Right to life
Facts:

Mrs. Thi-Nho Vo attended Lyons General Hospital for a medical examination during her pregnancy. On the same day, another woman, Mrs. Thi Thanh Van Vo, was at the hospital to have a contraceptive coil removed. When Dr. G, the doctor who was to remove the coil from Mrs. Thi Thanh Van Vo, asked for ‘Mrs. …Read more

Tags: Abortion, Access to health care, Access to treatment, Childbirth, Criminalization, Damages, Emergency care, Inappropriate treatment, Maternal health, Negligence, Pregnancy, Remedies, Termination of pregnancy, Therapeutic abortion, Tort
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Case 2001-446 DC

Country: France
Year: 2001
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2001-446 DC, 27 June 2001
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

Before the promulgation of the Voluntary Interruption of Pregnancy Act, 78 senators made a referral to the French constitutional court challenging the constitutionality of the new bill according to article 61 of the French Constitution. The Act had three components. It extended to 12 weeks the period of time a woman could have an abortion …Read more

Tags: Abortion, Abortion counseling, Access to health care, Children, Counseling, Criminalization, Forced abortion, Freedom of information, Health facilities, Infant mortality, Informed choice, Minor, Patient choice, Pregnancy, Therapeutic abortion, Unsafe abortion
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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

Case 94-343/344 DC

Country: France
Year: 1994
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°94-343/344 DC, 27 July 1994
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to life, Rights to the benefits of culture
Facts:

The Speaker of the National Assembly and sixty-eight deputies lodged a constitutional challenge in the Conseil Constitutionnel against several controversial provisions in the field of reproductive health. These were articles 8, 9, 10, 12 and 14 of law n°75-17, Loi relative au respect du corps humain et loi relative au don et à l’utilisation des …Read more

Tags: Abortion, Assisted reproductive technology, Counseling, Fertility, In utero fertilization, In vitro fertilization, Infertility, Termination of pregnancy, Therapeutic abortion
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R. v. Morgentaler

Country: Canada
Year: 1993
Court: Supreme Court
Citation: [1993] 2 S.C.R. 463
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to liberty and security of person
Facts:

Section 251(4) of the Criminal Code of Canada (the Code) permitted abortions to be performed only at accredited hospitals and then with approval from the performing hospital’s therapeutic abortion committee. Drs. Morgentaler, Smoling, and Scott had together established an abortion clinic in Toronto to perform abortions not approved by a therapeutic abortion committee.  Following public …Read more

Tags: Abortion, Abortion counseling, Access to treatment, Clinics, Criminalization, Health insurance, Health regulation, Maternal health, Pregnancy, Private hospitals, Public hospitals, Reimbursement, Subsidies, Termination of pregnancy, Therapeutic abortion
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Attorney General v. X

Country: Ireland
Year: 1992
Court: Supreme Court
Citation: [1992] 1 IR 1 (5th March, 1992)
Health Topics: Child and adolescent health, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom of movement and residence, Right to bodily integrity, Right to life
Facts:

The first defendant was a fourteen and a half year old girl who became pregnant after being raped by a family friend. Her parents (second and third defendants) reported the rape to the police and inquired whether there was a process available to test the paternity of the fetus before the defendants aborted the pregnancy …Read more

Tags: Abortion, Child development, Children, Criminalization, Depression, Maternal health, Maternal mortality, Minor, Molestation, Pediatric health, Pregnancy, Rape, Sexual abuse, Sexual assault, Sexual violence, Suicide, Termination of pregnancy, Therapeutic abortion, Violence against women
Download Judgment: English

Open Door and Dublin Well Women v. Ireland

Country: Ireland
Year: 1992
Court: European Court of Human Rights
Citation: Application No. 14234/88 and 14235/88; (1993) 15 EHRR 244; [1992] ECHR 68; (1992) 246 Eur. Ct. H.R. (ser A)
Health Topics: Health care and health services, Health information, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Right of access to information, Right to life, Right to privacy
Facts:

The Applicants were two Irish companies that provided counseling to pregnant women, Open Door Counselling Ltd. and Dublin Well Woman Centre Ltd.; two counselors who worked for Dublin Well Woman, Bonnie Maher and Ann Downes; and two women of childbearing age, Mrs. X and Mrs. Geraghty. The Society for the Protection of Unborn Children brought …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Advertising, Awareness, Childbirth, Criminalization, Family planning, Freedom of information, Health promotion, Maternal health, Maternal mortality, Notification, Pregnancy, Termination of pregnancy, Therapeutic abortion, Unsafe abortion
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Borowski v. Attorney General of Canada

Country: Canada
Year: 1989
Court: Supreme Court
Citation: [1989] 1 S.C.R. 342
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to liberty and security of person, Right to life
Facts:

The appellant, Mr Borowski, challenged the validity of s 251(4), (5) and (6) of the Canadian Criminal Code on the basis that the provisions contravened the rights of the fetus. He argued these provisions allowed for abortions to occur in circumstances that were too liberal, and, as such, they infringed a fetus’s rights to life, …Read more

Tags: Abortion, Access to health care, Access to treatment, Pregnancy, Termination of pregnancy, Therapeutic abortion
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