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state duty

A, B and C v. Ireland

In this case, the three applicants were Irish residents, but had abortions in the United Kingdom because abortion was unlawful in Ireland. Two of the applicants sought abortions for health and/or wellbeing-related reasons, while the third applicant was unable to establish her eligibility for a lawful abortion in Ireland. The third applicant was in remission for cancer and, due to a lack of information on the impact of the pregnancy on her remission and the effect of her treatment on the pregnancy, sought the abortion because of the risks involved with the pregnancy.

A., R.H. and other v. E.N. M Seguridad – P.F.A. and others

The plaintiff daughters, R.H. and V.C., filed suit against the State government and certain police officials requesting damages for the loss of the lives of their mother, Mrs. S., and father, Mr. A.  The day after her decision to flee her home together with her daughters and reside with other family members, Mrs. S. filed a civil proceeding against Mr. A. for domestic violence.  Mr. A. was prohibited from approaching Mrs. S. and his daughters, and Mrs. S.

Ayotte v. Planned Parenthood of Northern New England

The respondents were an obstetrician/gynecologist and three reproductive health service clinics. They challenged a New Hampshire  law that required minors to get parental consent before procuring an abortion on the grounds that the law did not provide an emergency health exception despite subjecting minors to significant health risks. The law only outlined an exception for the purpose of saving a minor’s life.

Constitution of the Republic of Namibia

The Constitution serves as the fundamental law of Namibia and establishes the Republic of Namibia as an independent, secular, democratic, and unitary state safeguarding the rights to justice, liberty, dignity, and equality. Chapter 3 of the Constitution protects fundamental rights and freedoms, including the right to equality and freedom from discrimination, including on the grounds of sex. It also bans child marriages and mandates equal rights for men and women entering into marriage, during the marriage, and at the dissolution of the marriage.

Evaluation Report: Ireland, Group of Experts on Action against Trafficking in Human Beings

The Council of Europe’s Group of Experts on Action against Trafficking in Human Beings (GRETA)’s report on Ireland concerns how Ireland prevents and prosecutes human trafficking. The report demonstrated that the total number of presumed trafficking victims in Ireland fell from 103 in 2017 to 44 in 2021. According to GRETA, sexual exploitation remains the primary form of exploitation in Ireland, but the number of people trafficked for labour exploitation in sectors including fishing, farming, construction, catering, and domestic work grew over the same period.

Exp. No. 01479-2018-PA/TC, Constitutional Tribunal, Peru, 2019

The appellant brought a constitutional grievance appeal against the resolution issued by the Second Civil Chamber of the Superior Court of Justice of Lima regarding the prosecutorial decisions made in her underlying rape case. The Constitutional Tribunal (the “Tribunal”) concluded that the internal-control offices’ dispositions did not sufficiently explain why an investigation against the local prosecutor was not pursued.

Health (Regulation of Termination of Pregnancy) Act

The 2018 Act permits (i) abortion during the first 12 weeks of pregnancy by a medical practitioner who has a certified, reasonable good-faith opinion that the pregnancy has not exceeded 12 weeks (Section 12); (ii) where two medical practitioners have a good-faith opinion that that there is a risk to the life, or of serious harm to the health, of the pregnant woman, that the fetus has not yet reached viability, and that it is appropriate to carry out the termination of pregnancy to avert these risks (Section 9), or that there is a condition affecting the fetus that is likely to lead to the d

KI 108/18

The applicant was registered as female at birth, but has always identified himself as male.  He lived and appeared as a man in all areas of life, and had begun hormonal treatment to transition.  The applicant filed a request with the Civil Status Office to change his name and gender marker to reflect his male gender identity, but the request was rejected.

L. prieš Lietuvą (L. v. Lithuania)

The applicant was born a female and given a female name; however, recognizing his gender as male, he underwent partial gender reassignment treatment and changed his name. Further process was halted since the Parliament had not passed legislation regulating full gender-reassignment treatment, and no transsexual rights were implemented for the following four years. This created issues for the applicant, such as applying for jobs, loans, seeking medical treatment, and crossing the border.

Prevention of Domestic Violence Act, Chapter 7:05

The Prevention of Domestic Violence Act defines and prohibits domestic and related gender-based violence, as well as provides for legal remedies and ancillary issues (e.g., financial wellbeing of abused persons). Protection orders can be obtained under the Act by, and not limited to, (a) an abused spouse, (b) a child subjected to domestic violence, and/or (c) a parent who has a child in common with the abuser. Protection orders can require respondents to refrain from further acts of violence as well as bar them from areas frequented by the abused person, including their own homes.

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