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187

A. v. Croatia

A, a Croatian woman was subjected to repeated violent behavior by her mentally-ill ex-husband, B, often in front of their daughter, whom on occasions turned violent towards the daughter too. Seven sets of proceedings were brought against B and although some protective measures were implemented, others were not. The prison sentences were not served and some of the treatment was not undergone due to a lack of qualified providers. A was refused an injunction prohibiting B from harassing and stalking her on basis that there was no immediate risk to her life.

A.S. v. Hungary

Andrea Szijjarto was sterilized without her informed consent by a Hungarian hospital during an emergency cesarean section procedure. While in a state of shock due to blood loss, Szijjarto was asked to provide her written consent to tubal ligation by signing an illegible hand-written note describing the procedure in terms she did not understand. Szijjarto charged the hospital with negligence in failing to obtain her full and informed consent to the coerced sterilization.

Abramova v. Belarus

Ms. Abramova, a citizen of Belarus, is a journalist who was arrested for her activism on behalf of the “For Freedom” movement and convicted of “minor hooliganism.” She was held in a temporary detention facility for five days, where she shared a small, unheated cell with an unenclosed toilet area that lay in open view of the all-male staff. During her detention, the male prison staff directed numerous humiliating comments at Ms. Abramova, treatment that the male detainees at the facility did not receive. Upon her release, Ms.

Achyut Prasad Kharel v. Office of Prime Minister and Council of Ministers and Others

A petition to require consent from the woman’s husband in a law in the Constitution of the Kingdom of Nepal allowing women to have an abortion on fetuses of less than 12 weeks cited CEDAW conventions mandating equality between men and women on matters relating to family planning. The Court dismissed the petition emphasizing that CEDAW is intended to promote and protect women’s rights and to consider the wording of equality in such absolute terms would, in fact, be contrary to this original intent.

Andrew Manunzyu Musyoka (Deceased)

The applicants are the sons and wife of the deceased and are seeking to apply the Kamba customary law that would not permit a daughter to inherit her father's estate if she is married.  The Court held that the Kamba customary law is discriminatory insofar as it seeks to prevent a married daughter from inheriting her father's estate under the Succession Act.  It specifically noted that although the Kenyan constitution specifically provides for customary law to take precedence over the Constitution in matters dealing with property inheritance after death and other personal issues, K

Attorney General v. Unity Dow

The respondent, Ms. Unity Dow, brought a case to the High Court of Botswana asserting that sections 4 and 5 of the Citizenship Act violated her right to equal protection of the law and protection from discrimination on the basis of sex because the sections of the Citizenship Act treated children differently depending on whether they were born to citizen mothers or to citizen fathers. The respondent had one child with an American man prior to their marriage and two children after.

Caso Rol N° 190096-2023 Corte Suprema de Chile

In Case No. 190096-2023, the Supreme Court of Chile reviewed an appeal filed by a foreign woman who had been held in pretrial detention since April 8, 2023, on drug trafficking charges. The appellant was experiencing a high-risk pregnancy, with an expected due date of October 4, 2023, and was receiving medical care at the Provincial Hospital of Huasco. The Court examined and amended the November 15, 2023, ruling of the Court of Appeals of Concepción.

Castles v. Secretary to the Department of Justice

This case challenged a decision by the Secretary of the Department of Justice to refuse Ms. Castles’ access to in vitro fertilization (“IVF”) treatment, while she was in a low security prison.  Prior to her imprisonment for social security fraud, Ms. Castles was undergoing IVF treatment.  Although she was sentenced to only 18 months of imprisonment, Ms. Castles was nearing the age at which IVF would no longer be available to her.  Ms.

Chile v. Javier Sebastián Parra Godoy

While the victim was sleeping, her partner Sebastian Javier Parra Godoy attacked her by striking her in the head. She suffered near-fatal head injuries as a result of the blow. On February 5, 2013, the criminal court in the province of Angol found Mr. Godoy guilty of the crime of attempted intimate femicide. In their ruling, the judges explicitly referenced the fact that the case presented a case of gender-based violence. It concluded that that Parra Godoy had acted as a result of traditional views considering women as subordinate perpetuating stereotypes of violence and coercion.

Constitucionalidade da Lei Maria da Penha (ADC 19 e ADI 4424) (Constitutionality of Lei Maria da Penha (Federal Domestic Violence Law)

Following a request to Brazil’s Federal Supreme Court (Supremo Tribunal Federal or “STF”) by then-President Luiz Inácio Lula da Silva, the STF reviewed and upheld the constitutionality of the Lei Maria da Penha (“LMP”). The LMP is Brazil’s first law to address the problem of domestic violence against women on a national scale.

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