W.W. v. Poland, ECtHR, 31842/20, 11/07/2024
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2024

Violation of Article 8 (Private life) - Refusal to allow transgender person to continue hormone therapy in prison - Applicant particularly vulnerable as an imprisoned transgender person undergoing a gender reassignment procedure, thus requiring enhanced protection from the authorities

Dissenting / Concurring: Krzysztof Wojtyczek

M.L. v. Poland, ECtHR, 40119/21, 14/12/2023
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2023

Prohibition of abortion on grounds of foetal abnormality following amendments introduced by the Constitutional Court, resulting in the applicant travelling abroad for termination - Impugned proceedings directly decisive for applicant’s Art 8 rights - Lack of required foreseeability depriving applicant of the proper safeguards against arbitrariness

Dissenting / Concurring: Krzysztof Wojtyczek, Péter Paczolay / Ivana Jelić, Gilberto Felici, Erik Wennerström

Brítez Arce et al. v. Argentina, IACtHR, Serie C No. 474, 16/11/2022

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

Manuela et al. v. El Salvador, IACtHR, Series C No. 441, 2/11/2021

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

Charron and Merle-Montet v. France , ECtHR, 22612/15, 16/01/2018
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2018

A female married couple who had applied for medically assisted reproduction by means of artificial insemination - The application was rejected by a hospital on the grounds that “the Bioethics Law currently in force in France did not authorise such medical provision for same-sex couples” - inadmissible

Cuscul Pivaral et al. v. Guatemala, IACtHR, Series C No. 359, 23/08/2018

State's violation of the rights to health, life, personal integrity, judicial process, and non-discrimination of 49 people diagnosed with HIV between 1992 and 2003, and of the right to personal integrity of several family members - State's violation of its duty to provide available, accessible, and quality healthcare 

I.V. v. Bolivia, IACtHR, Series C No. 329, 30/11/2016
COURT: 
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2016

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

A.K. v. Latvia, ECtHR, 33011/08, 24/06/2014
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2014

The applicant claimed that her doctor’s negligence deprived her of timely medical care, which would have revealed the risk of a genetic disorder in her fetus and allowed her to decide whether to continue the pregnancy - Violation of Article 8

Dissenting / Concurring: Zdravka Kalaydjieva, Paul Mahoney

P. and S. v. Poland, ECtHR, 57375/08, 30/10/2012
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2012

Violation of Article 8 (Disclosure of information by public hospital about a pregnant minor who was seeking an abortion after being raped; Medical authorities’ failure to provide timely and unhindered access to lawful abortion to a minor who had become pregnant as a result of rape) - Violation of Article 5 (Placement of pregnant minor in juvenile shelter to prevent her from seeking abortion following rape) - Violation of Article 3 (Harassment of minor by anti-abortion activists as a result of authorities’ actions after she had sought an abortion following rape)

Dissenting / Concurring: Vincent A. De Gaetano

A, B and C v. Ireland, ECtHR, 25579/05, 16/12/2010 [GC]
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2010

The complaint by three women that the restrictions on abortion in Ireland stigmatised and humiliated them, risked damaging their health, and, in the third applicant’s case, even her life - violation of Article 8 (right to private and family life) in respect of the third applicant

Dissenting / Concurring: Christos Rozakis, Françoise Tulkens, Elisabet Fura, Päivi Hirvelä,Giorgio Malinverni, Mihai Poalelungi / Luis López Guerra, Josep Casadevall, Mary Finlay Geoghegan

Schlumpf v. Switzerland, ECtHR, 29002/06, 08/01/2009
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2009

Article 6 (Fair hearing/Public hearing) Article 8 (Respect for family life/Respect for private life) - Refusal to hear expert evidence in case concerning liability for medical costs incurred in connection with sex-change operation and lack of public hearing in case concerning liability for medical costs incurred in connection with sex-change operation - Balancing of competing interests of applicant and her insurers in case concerning liability for medical costs incurred in connection with a sex-change operation

Dissenting / Concurring: Vajić, Jebens