Sexual
and Reproductive Rights
Llantoy 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
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
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
