Failure to make a timely diagnosis of foetal pathology - Pregnant woman’s inability to make her own decision as to voluntary termination of pregnancy after the 90th day of gestation - Compensation for damage caused by unwanted birth
Contents for term
Failure to make a timely diagnosis of foetal pathology - Pregnant woman’s inability to make her own decision as to voluntary termination of pregnancy after the 90th day of gestation - Compensation for damage caused by unwanted birth
Obstetric violence as a form of gender-based violence - States' obligation to prevent, punish and refrain from practicing obstetric violence as well as to provide adequate, specialized and differentiated health services during pregnancy, childbirth and after childbirth to guarantee the mother's right to health
Dissenting / Concurring: Sierra Porto / Pérez Goldberg
Possibility of voluntary termination of pregnancy - Requirements to perform therapeutic abortion - Failure to inform of possible foetus’ malformations
Criminalization of an economically disadvantaged and illiterate woman living in a rural context having suffered obstetric emergency resulting in miscarriage - Arrest, detention during the proceedings and conviction for aggravated homicide to the detriment of her still-born child found by the police in her house - Violation of the right to freedom from arbitrary detention and to the presumption of innocence - Ineffective investigations based on gender stereotypes and preconceptions rather than concrete evidence related to the intersectional axes of discrimination concerning her gender, geogr
Dissenting / Concurring: Vio Grossi / Sierra Porto / Zaffaroni / Pérez Manrique
Violation of women’s right to self-determination relating to termination of pregnancy – Compensation for so-called ‘damage from unwanted birth’ due to a doctor's error Requirements to perform therapeutic abortion – Failure to inform of possible foetus’ malformations
Negligent termination of pregnancy and manslaughter - Medical liability
Possibility of voluntary termination of pregnancy - Failure to inform of possible foetus’ malformations
Compensation for so-called ‘damage from unwanted birth’ due to a doctor's error - Erroneous performance of pregnancy termination surgery - Violation of parents' freedom of self-determination
Obligation to provide information on the risks of continuing pregnancy - Medical liability - Failure to provide informed consent
Forced sterilization of an immigrant woman from Peru during a caesarean section without her prior and informed consent - Court's recognition of the impact of gendered power relations on dignity, suffering, health and the enjoyment of women's sexual and reproductive rights - Discrimination in access to health affects women’s freedom to decide freely on their bodies and their reproductive health - Violation of the right to non-discrimination, to personal freedom and integrity, dignity, private and family life, access to information and founding a family
Dissenting / Concurring: Ferrer Mac-Gregor Poisot
Voluntary termination of pregnancy –Compensation for so-called ‘damage from unwanted birth’ due to a doctor's error - Failure to inform of possible foetus’ malformations
Involuntary termination of pregnancy offence – (the so-called involuntary abortion) – Medical negligence
Voluntary termination of pregnancy – Newborn’s right to compensation for damages resulting from his malformed birth - Compensation for so-called ‘damage from unwanted birth’ due to a doctor's error
Possibility of voluntary termination of pregnancy - Requirements to perform therapeutic abortion - Failure to inform of possible foetus’ malformations
Voluntary termination of pregnancy – The health facility must inform the patient about the consequences of the intervention and its possible outcomes - Right to compensation for damages