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Rwanda Case Law

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Constitutional law

RLR V. 2 - 2022

The Supreme Court held that restricting legal abortion to recognized medical doctors only does not violate the Constitution or international conventions. The Court found that the right to life and health is protected by ensuring abortion is performed by qualified doctors, and that the restriction is justified by safety concerns. The Court determined there was no evidence of discrimination or violation of privacy, as the law applies equally and confidentiality is protected by other statutes. The petition was dismissed for lack of merit.

  • Abortion
  • Right to life
  • Right to health
  • Equality before the law
  • Non-discrimination
  • Right to privacy
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Constitutional law RLR V.2 - 2022

Re GREAT LAKES INITIATIVE FOR HUMAN RIGHTS AND DEVELOPMENT (GLIHD)

The Supreme Court held that restricting abortion services to state-approved medical doctors at hospitals does not violate the Constitution or international human rights obligations. The limitation is justified by the need to ensure patient safety and quality of care. There is no unlawful discrimination or violation of equality, as the law applies equally and is based on objective medical criteria. The right to privacy is not infringed, as confidentiality is protected by law. The petition was dismissed for lack of merit.

  • Abortion
  • Right to health
  • Right to life
  • Equality before the law
  • Non-discrimination
  • Privacy
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Constitutional law RLR V.2 - 2022

Re GREAT LAKES INITIATIVE FOR HUMAN RIGHTS AND DEVELOPMENT (GLIHD)

The Court held that restricting legal abortion to recognized medical doctors in hospitals is a measure aimed at protecting the right to life and health, given the risks associated with abortion procedures and the need for specialized skills and equipment. The Court found no evidence that the law violates the rights to equality, non-discrimination, physical and mental integrity, or privacy, as the differentiation is based on objective medical considerations and confidentiality is protected by law. Policy decisions regarding the decentralization of abortion services are within the competence of…

  • Abortion
  • Right to life
  • Right to health
  • Right to equality
  • Non-discrimination
  • Right to privacy
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Constitutional law RLR V.2-2022

Re GREAT LAKES INITIATIVE FOR HUMAN RIGHTS AND DEVELOPMENT (GLIHD)

The Court held that restricting legal abortion to recognized medical doctors is a legislative policy aimed at protecting the right to life and health, does not violate constitutional rights to life, health, equality, non-discrimination, physical and mental integrity, or privacy, and is not inconsistent with Rwanda's constitutional or international obligations. The Court found no evidence of discrimination or violation of privacy and determined that expanding abortion providers is a policy matter, not a constitutional issue.

  • Abortion
  • Right to life
  • Right to health
  • Right to equality
  • Non-discrimination
  • Right to privacy
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Constitutional law RLR V.2-2022

Re_GLIHD

Restricting abortion services to state-approved medical doctors does not violate constitutional rights to life, health, bodily integrity, equality, non-discrimination, or privacy. The restriction is justified by medical safety and does not constitute discrimination or infringement of privacy. The challenged provisions are consistent with the Constitution and international obligations.

  • Abortion
  • Right to health
  • Right to life
  • Non-discrimination
  • Privacy
  • Bodily integrity
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Constitutional law RLR V.2-2022

Re GREAT LAKES INITIATIVE FOR HUMAN RIGHTS AND DEVELOPMENT (GLIHD)

The Supreme Court held that restricting abortion services to state-approved medical doctors at hospitals does not violate the Constitution or international law. The restriction is justified by the need to ensure safe procedures and protect the health and life of women and girls. The law does not create unconstitutional discrimination or inequality, as the requirements are based on objective medical considerations and apply equally. Privacy and confidentiality are protected by existing laws. The petition was dismissed for lack of merit.

  • Abortion
  • Right to health
  • Right to life
  • Equality before the law
  • Non-discrimination
  • Privacy
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Family law RLR V.2 -2021

Re. N.A ET AL

Gestational surrogacy is permitted under Rwandan law as a form of medically assisted reproduction, provided there is mutual consent. The surrogacy contract between the parties is enforceable. The child born through surrogacy must be registered as the child of the genetic parents (N.A and M.O) but should live with the surrogate mother (M.G) for six months to be breastfed, in line with the child's best interests.

  • Assisted reproductive technology
  • Gestational surrogacy
  • Child registration
  • Parental rights
  • Breastfeeding rights
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Family law RLR V.2-2021

Re. N.A ET AL

Gestational surrogacy is a form of assisted reproductive technology recognized by Rwandan law. The agreement between the parties is valid and enforceable. The child born through this process must be registered under the names of the genetic parents (N.A and M.O) but should remain with the surrogate mother (M.G) for six months post-birth for breastfeeding, unless medically impossible. The lower court erred in restricting the scope of assisted reproduction to exclude surrogacy.

  • Assisted reproductive technology
  • Gestational surrogacy
  • Parental rights
  • Child registration
  • Exclusive breastfeeding
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Criminal law RPA0787/15/HC/KIG

RE N.J

The High Court held that child defilement counts as rape for abortion law purposes, and granted a 13-year-old girl the right to abort.

  • Child defilement
  • Abortion rights
  • Interpretation of penal code
  • Reproductive rights
  • Consent and capacity
  • International human rights instruments
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About this LexChat collection

Rwanda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.