right to medical treatment

The ACLU filed a petition representing Kentucky abortion providers challenging the constitutionality of a state law banning physicians from providing abortions through dilation and evacuation (“D and E”) method. The Court of Appeals of the Sixth Circuit held that the ban unconstitutionally burdened the right to abortion. After the decision, Kentucky’s Attorney General moved to intervene, which the Sixth Circuit refused. The Supreme Court decided that the Attorney General should have been allowed to intervene as a non-party.

In Case No. 44,823-2021 the plaintiffs, representing themselves and their minor children, filed a lawsuit against Hospital San José for inadequate medical care that led to the death of a woman on February 10, 2012, following an untreated incomplete abortion. The Second Civil Court of Santiago awarded 50,000,000 Chilean pesos in moral damages to each plaintiff. The Santiago Court of Appeals overturned the ruling and dismissed the claim.

Health insurance carriers are barred from discriminating against individuals based on gender identity or transgender status in the provision of health coverage. Health plans must cover services without imposing restrictions, additional costs, or exclusions that treat transgender individuals differently from others. Carriers are required to treat covered persons consistent with their gender identity and may not deny coverage for health services ordinarily available to one sex simply because an individual’s gender identity differs from their sex assigned at birth.

Article 317: Penal Code of the Dominican Republic, Abortion

Article 317 states that causing or directly aiding in causing an abortion, by any means, is punishable by two to five years in prison. This includes women who undergo an abortion, provided that the abortion is successful.

Law No. 12,845/2013, known as the “Minute After Law,” requires public hospitals within Brazil’s Unified Health System (SUS) to provide immediate, comprehensive, and free care to victims of sexual violence. The law mandates emergency, multidisciplinary treatment addressing both physical and psychological consequences, and referral to social services when necessary. The law defines sexual violence as any non-consensual sexual activity.

Sexual and Reproductive Health and Voluntary Termination of Pregnancy Law, last amendment: March 1, 2023

Organic Law 2/2010, of March 3, 2010, on sexual and reproductive health and voluntary termination of pregnancy, aims to guarantee fundamental rights in sexual and reproductive health, regulate the conditions for voluntary termination of pregnancy, and prevent and address all forms of violence against women in matters of reproduction in Spain (Article One, as it was amended by the Organic Law 1/2023, of February 28, 2023).

Uruguay decriminalized abortion in 2012 pursuant to Law No. 18987 of October 22, 2012, as implemented by Decree No. 375/012 of November 22, 2012. This law made abortion legal during the first 12 weeks of pregnancy (Article 4 of Decree No. 375/012), subject to certain exceptions. For example, if the pregnancy is the result of rape, this time limit is extended to 14 weeks. Furthermore, this law makes clear that abortion is permitted at any time if (i) the pregnancy poses a serious risk to a woman’s health or life (Article 16 of Decree No.

The first applicant, who was in the fifth month of pregnancy, was detained by the police on suspicion of robbery. The national court ordered her pre-trial detention as a preventive measure pending trial. During her detention, the applicant gave birth to her son, the second applicant. Later, the woman appealed to the European Court of Human Rights (“ECtHR”) to obtain just satisfaction, as she argued that her right under Article 3 of the European Convention on Human Rights (prohibition of torture) was violated during detention.