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Tysiąc V Poland
''Tysiąc v. Poland'' (Application no. 5410/03) was a case decided by the European Court of Human Rights (ECtHR) in 2007. A pregnant woman from Poland, diagnosed with a severe eye disease, tried to get an abortion to avoid an escalation of her disease. Her requests were rejected by several medical doctors and she underwent labor of her third child. Her condition later deteriorated, and she sued one of the doctors. Her criminal lawsuits were rejected in Poland and the case was appealed to the European Court of Human Rights, which accepted one part of the complaint, and the plaintiff was awarded damages. Background Ms. A. Tysiąc suffered from severe myopia. During her third pregnancy in 2000, she was examined by three ophthalmologists. All of them concluded that, due to pathological changes in her retina, the pregnancy and delivery constituted a risk to her eyesight. However, they refused to issue a certificate for the pregnancy to be terminated, despite Tysiąc's requests, saying ...
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European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ...
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Pregnancy
Pregnancy is the time during which one or more offspring develops ( gestates) inside a woman's uterus (womb). A multiple pregnancy involves more than one offspring, such as with twins. Pregnancy usually occurs by sexual intercourse, but can also occur through assisted reproductive technology procedures. A pregnancy may end in a live birth, a miscarriage, an induced abortion, or a stillbirth. Childbirth typically occurs around 40 weeks from the start of the last menstrual period (LMP), a span known as the gestational age. This is just over nine months. Counting by fertilization age, the length is about 38 weeks. Pregnancy is "the presence of an implanted human embryo or fetus in the uterus"; implantation occurs on average 8–9 days after fertilization. An '' embryo'' is the term for the developing offspring during the first seven weeks following implantation (i.e. ten weeks' gestational age), after which the term ''fetus'' is used until birth. Signs an ...
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Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous member state of the European Union. Warsaw is the nation's capital and largest metropolis. Other major cities include Kraków, Wrocław, Łódź, Poznań, Gdańsk, and Szczecin. Poland has a temperate transitional climate and its territory traverses the Central European Plain, extending from Baltic Sea in the north to Sudeten and Carpathian Mountains in the south. The longest Polish river is the Vistula, and Poland's highest point is Mount Rysy, situated in the Tatra mountain range of the Carpathians. The country is bordered by Lithuania and Russia to the northeast, Belarus and Ukraine to the east, Slovakia and the Czech Republic to the south, and Germany to the west. It also shares maritime boundaries with Denmark and Sweden. ...
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Abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregnancies. When deliberate steps are taken to end a pregnancy, it is called an induced abortion, or less frequently "induced miscarriage". The unmodified word ''abortion'' generally refers to an induced abortion. The reasons why women have abortions are diverse and vary across the world. Reasons include maternal health, an inability to afford a child, domestic violence, lack of support, feeling they are too young, wishing to complete education or advance a career, and not being able or willing to raise a child conceived as a result of rape or incest. When properly done, induced abortion is one of the safest procedures in medicine. In the United States, the risk of maternal mortality is 14 times lower after induced abortion than after chi ...
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Alicja Tysiąc
Alicja is a Polish language given name that is equivalent to Alice in English. Notable people with the name include: *Alicja Bachleda-Curuś (born 1983), Polish actress and singer *Alicja Boratyn (born 1992), Polish singer *Alicja Dorabialska (1897–1975), Polish chemist *Alicja Fiodorow, Paralympian athlete from Poland competing mainly in category T46 sprint events *Alicja Janosz (born 1985), the winner of Polish Idol in 2002 *Alicja Kotowska (died 1939), Polish nun, head of the Resurrectionist convent in Wejherowo 1934 to 1939, martyred by the German Nazis in 1939 *Alicja Majewska (born 1948), Polish singer *Alicja Olechowska (born 1956), Polish politician *Alicja Pęczak (born 1970), retired breaststroke and medley swimmer from Poland *Alicja Rosolska, Polish professional tennis player * Alicja Sakaguchi (born 1954), Polish linguist and university professor in the field of Esperanto and interlinguistics *Alicja Szemplińska (born 2002), also known mononymously as Alicja, Polish ...
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Myopia
Near-sightedness, also known as myopia and short-sightedness, is an eye disease where light focuses in front of, instead of on, the retina. As a result, distant objects appear blurry while close objects appear normal. Other symptoms may include headaches and eye strain. Severe near-sightedness is associated with an increased risk of retinal detachment, cataracts, and glaucoma. The underlying mechanism involves the length of the eyeball growing too long or less commonly the lens being too strong. It is a type of refractive error. Diagnosis is by eye examination. Tentative evidence indicates that the risk of near-sightedness can be decreased by having young children spend more time outside. This decrease in risk may be related to natural light exposure. Near-sightedness can be corrected with eyeglasses, contact lenses, or a refractive surgery. Eyeglasses are the easiest and safest method of correction. Contact lenses can provide a wider field of vision, but are associated with ...
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Retina
The retina (from la, rete "net") is the innermost, light-sensitive layer of tissue of the eye of most vertebrates and some molluscs. The optics of the eye create a focused two-dimensional image of the visual world on the retina, which then processes that image within the retina and sends nerve impulses along the optic nerve to the visual cortex to create visual perception. The retina serves a function which is in many ways analogous to that of the film or image sensor in a camera. The neural retina consists of several layers of neurons interconnected by synapses and is supported by an outer layer of pigmented epithelial cells. The primary light-sensing cells in the retina are the photoreceptor cells, which are of two types: rods and cones. Rods function mainly in dim light and provide monochromatic vision. Cones function in well-lit conditions and are responsible for the perception of colour through the use of a range of opsins, as well as high-acuity vision used for task ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ...
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Inhuman Or Degrading Treatment
Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention on Human Rights, the United Nations Convention against Torture and the International Covenant on Civil and Political Rights. Although the distinction between torture and CIDT is maintained from a legal point of view, medical and psychological studies have found that it does not exist from the psychological point of view, and people subjected to CIDT will experience the same consequences as survivors of torture. Based on this research, some practitioners have recommended abolishing the distinction. Inhuman treatment The Equality and Human Rights Commission defines inhuman treatment as: * serious physical assault * psychological interrogation * cruel detention conditions or restraints * physical or psychological abuse in a healthcare set ...
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Legal Clinic
A legal clinic (also law clinic or law school clinic) is a legal aid or law school program providing services to various clients and often hands-on-legal experience to law school students. Clinics are usually directed by clinical professors. Legal clinics typically do ''pro bono'' work in a particular area, providing free legal services to clients. Legal clinics originated as a method of practical teaching of law school students, but today they encompass also free legal aid with no academic links. There are practice-based law clinics with no academic link which provide hands-on skills to lawyers, judges and non-lawyers on practical ethical dimensions of the law at the same time offer free public defence legal services. Need and importance According to Avani Bansal, in cases where parties cannot afford a lawyer and are provided legal services by the state, the quality of that legal representation is often questionable. Therefore the need for clinical legal education, or establis ...
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Abortion Case Law
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregnancies. When deliberate steps are taken to end a pregnancy, it is called an induced abortion, or less frequently "induced miscarriage". The unmodified word ''abortion'' generally refers to an induced abortion. The reasons why women have abortions are diverse and vary across the world. Reasons include maternal health, an inability to afford a child, domestic violence, lack of support, feeling they are too young, wishing to complete education or advance a career, and not being able or willing to raise a child conceived as a result of rape or incest. When properly done, induced abortion is one of the safest procedures in medicine. In the United States, the risk of maternal mortality is 14 times lower after induced abortion than after chi ...
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Article 3 Of The European Convention On Human Rights
Article 3 of the European Convention on Human Rights prohibits torture, and "inhuman or degrading treatment or punishment". An absolute right Article 3 is an absolute right. The right is unqualified and cannot be balanced against the rights and needs of other people or the greater public interest. Article 15(2) of the European Convention on Human Rights makes no provision for derogation from Article 3, even in times of war or other public emergency threatening the life of the nation. Positive obligation There is a positive obligation on states to take action to ensure that individuals are protected from torture, inhuman or degrading treatment or punishment. In the case of ''A v UK 998' the law in the United Kingdom on lawful chastisement of children was held to breach Article 3. The European Court of Human Rights (ECtHR) believed that the current law provided inadequate protection to children suffering from different types of degrading punishment. As a result, the UK amende ...
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