Sexual and Reproductive Rights

Case

Link

Karen Noelia Llantoy Huamán v. Peru, Human Rights Committee, Communication No.1153/2003, 22 Nov 2005 .CCPR/C/8/D/1153/2003
This case concerns a 17-year-old Peruvian girl who was carrying an encephalic foetus. The State of Peru refused to authorize an abortion despite the fact that the Peruvian Criminal Code provided an exception for termination of pregnancy on health reasons and the continuation of the pregnancy would be a risk to her health. The Committee found the State of Peru to be in violation of article 2 (state obligation), 7 (right to be free from torture), 17 (right to privacy) and 24 (right to special protection of minors) of the International Covenant on Civil and Political Rights. The HRC did not however find a violation of article 3 (equality between men and women), citing lack of sufficient evidence to substantiate a claim of discrimination on the basis of sex. As a remedy, the State was ordered to compensate the girl.

Details of Llantoy v Peru: Read (pdf)

 

Friendly Settlement between Maria Mamérita Mestanza Chávez and Peru, Inter-American Commission on Human Rights, Report No.71/03, 22 Oct. 2003.
After a woman died as a result of a government policy of coerced sterilisation and her survivors brought suit, Peru recognised, with this document, “its international responsibility for the violation of Articles 1.1, 4, 5, and 24 of the American Convention on Human Rights, as well as Article 7 of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against women in the harm done to victim.”

Details of Chávez and Peru: Read (pdf)

 

McBain v. State of Victoria & Ors, Federal Court of Australia, 28 Jul 2000.
Making a woman’s marital status a requirement for infertility treatment amounts to discrimination and violates the Australian Sex Discrimination Act of 1984 which gives effect to CEDAW; the Act should be interpreted in a way that gives CEDAW precedence over competing human rights obligations.

Details of McBain v Victoria:Read (pdf)