1. Leesa Meldrum was not entitled of IVF treatment which was stated under the Sex Discrimination Act. 1984
2. Single and lesbian women had no right of accessing IVF treatment; they couldn’t access IVF treatment unless they were married woman who couldn’t conceive naturally.
3. Leesa meldrum had standing as she was the one affected by the law stated whereas Dr john mcbain helped her and provided her with money needed as he was her encouragement.(plaintiffs)
4. Dr John McBain, a Melbourne gynaecologist specialising in reproductive technology, was consulted by Ms Leesa Meldrum, a single woman wishing to fertile through (IVF) treatment. Leesa was constrained by Victorian law from receiving IVF treatment, as she was single. Dr McBain then launched proceedings in a case seeking affirmation that provisions of the Victorian legislation were inconsistent with the Sex Discrimination Act. Groups that had their rights infringed were lesbian and single women who wanted IVF; in this case representing them was Leesa Meldrum.
5.
…show more content…
Single women like leesa meldrum were denied form using the service of IVF treatment as well as lesbian patients, under the Victorian law, single or lesbian patients could not access IVF services. Under commonwealth law, it was a unlawful to deny IVF services to single or lesbian patients. This should have meant that single or lesbian patients could access IVF service because the commonwealth law prevails.
6. states in section 8 of the infertility treatment Act provided that, in order to receive treatment, woman must be:
• Married and living with her husband on a genuine domestic basis or
• Living with a man in de facto
Wade, one of the most controversial cases of it's time, and of today. Many beg the question: do women have the right to decide what to do with their unborn child? Some say “ it is her body, and she has the right to do as she pleases; and some say absolutely not”. In the 1960s there was no laws regulating abortions, because most states had already placed a complete banned on the procedure. The only way one could have an abortion performed, is if the life of the mother was in danger.
This is seen as being effective as it is promoting the need to change existing sexual consent laws hopefully in order to achieve justice. This also highlight responsiveness of the government to responding to issues of the legal system regarding the NSW sexual consent laws. Another effectieve part of the legal system seen in this case is enforceability of the sexual consent laws. Although Mr Lazarus did undertake rape “without consent” he truly believed that Ms Mullins gave consent which according to the NSW sexual consent law stating that the accused must know the victim is not consenting is technically proof of enforceability of the law by Mr Lazard as he believed she gave consent. This case showed the effectiveness of protecting individual rights to a fair hearing as they allowed Mr Lazarus and Ms Millins to conduct a fair trial under section 24 of the Charter.
We are introduced to the author of the book, Bryan Stevenson who is a member of the bar in two states Alabama and Georgia. He then receives a call from the local Judge Robert E. Lee about a case which involves a man called Walter McMillian’s. He knew that he could have gotten into great danger but he decides to do the right thing and confront the case. In the county of Monroe an eighteen-year-old woman is brutally murdered. The murder took everyone by surprise and even after a few days of investigating no one could find concrete evidence to point out who was the killer.
Doe was a 22 year old lady who had 2 children in foster home, her husband abandoned her ,and she lived with her poor and needy family. Doe was unprepared for another child and tried to get an abortion. But was denied an abortion because she didn't fit in to any of the categories. The court ruled in Doe's favor with a vote of 7-2. The Georgia abortion laws were violating the women rights to privacy and terminating her pregnancy.
1. What legislation did the provincial government propose? Why did it invoke the notwithstanding clause? The provincial government proposed the sexual sterilization Act which enabled the Alberta Eugenics Board to sterilize 2822 wards in order to “improve” the human race through parent selection.
The case, R. v. Morgentaler, was a case in which three doctors, including Dr. Morgentaler set up a clinic where they performed abortions for women who did not have the approval from a therapeutic abortion committee of an approved hospital. Abortions done without this approval were considered illegal. The Supreme Court of Canada concluded that the abortion provision in the Criminal Code was unconstitutional because it violated section 7 in the Canadian Charter of Rights and Freedoms.
In the case of Tara Brown’s murder, various groups of individuals are affected. As well as maintaining principles of fair punishment and deterrence, the criminal justice system has to consider perceptions of the victim’s family (secondary victim), the community’s demand for crime prevention, and the offender’s rights to a fair court hearing. The most likely outcome is imprisonment for Lionel John Patea due to committing an indictable offence. It is important to note that if this was only a case of domestic abuse without murder, it would utilise more time, effort and expenses to come to a resolution. This is due to the different circumstances and degree of abuse that the judge has to assess.
Today’s ethical case study focuses on Nadya Suleman. Nadya Suleman, also known as “Octomom” became famous after she gave birth to eight healthy babies in January 2009. Nadya became a celebrity overnight because many people believed that she got pregnant naturally. It was until later on the truth came out and Nadya lied. Nadya had in vitro fertilization (IVF) done and when the general public found out they turned on her immediately.
“it's a woman’s right to control her own destiny, to be able to make choices without the Big Brother state telling her what she and cannot do” (Supreme Court Justice Ruth Bader Ginsburg). Women have fought for their entire lives for equal rights which for some apparent reasons have not been acknowledged. Roe vs. Wade had changed the outlook on the United States and on a woman’s rights to her own body. Roe vs. Wade goes back to 1973 which was between a women who had an unplanned surgery in Texas who wanted to make abortions legal. Norma Leah McCorvey, better known as “Jane Roe” was the plaintiff in this case, after her case the U.S Supreme Court had ruled that state laws banning abortion are unconstitutional.
The Supreme Court case struck down the Massachusetts law that claimed that only married couples could obtain contraceptives that registered doctors or pharmacists provided. The Court stated that the law did not satisfy the rational basis test offered by the 14th Amendment. Perhaps one of the most widely known and controversial Supreme Court cases regarding contraceptives, Roe v. Wade still gains attention in legal debates today. The Supreme Court stated that by banning a woman’s right to an abortion, Texas violated her constitutional rights. Women hold the right to an abortion during the first trimester of pregnancy under their 14th Amendment rights.
A married couple, John and Mary Doe also alias’s, joined Roe’s complaint. Their actions where heard in front of a three-judge district court together. Also to join in her trails was a doctor known as James Hubert Hallford, who also believed his rights where being violated for not being able to perform abortions under certain circumstances. After the three- judge district court made the decision that Roe and Hallford have grounds to sue, but the Doe’s do not have standing.
On Jan. 23, 1973, the U. S. Supreme Court issued a landmark case that affirmed the right of women to have abortions. The title of the case was Roe v. Wade, and it was decided by a 7 - 2 majority of the court. Even today, in 2009, it continues to be the law of the land. Most people have a general understanding of the legal basis for the Roe v. Wade decision, but few have taken the time to actually read the majority opinion, which was written by Mr. Justice Blackmun. A careful study of the decision, however, reveals the following: ~
With the introduction of birth control pills in 1960, women had to fight with the law for the decision to reproduce or not to reproduce. Women like Margaret Sanger would fight for women’s right to use the contraceptive, birth control. Women like Norma Leah McCorvey, also known as Jane Roe, in the famous Roe v Wade case in 1973 for the right to have an abortion. These are only two women out of many who paved the way for women to stand up for the right to make reproduction choices for their
Hook Let’s say the government chose what you wear, what you eat, how and when you sleep, what career you pursue and who you marry. Wouldn’t you deem this strict? Unfair? Stupid even? Why then do we believe that we or the government should have a say in a woman’s choice of aborting a fetus?
Everyone is entitled to choose their own lifestyle, whether they want to have a child or not. Some females who seek to have children find it easy, although some are unfortunate. There are numerous of reasonings, such as being too old to be pregnant, damage to the Fallopian tube or uterus and cancer radiation or chemotherapy. As our generation goes on, many discoveries revolving biology is produced and one of it is the In Vitro Fertilization or “IVF”. It is the procedure of fertilization where they save sperm sample, take an egg from the women and physically combining it in a laboratory dish where the egg and the sperm is now called an embryo.