161/2023, CC, 24/05/2023
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2023

Assisted Reproductive Technologies – A man withdrew his consent to the implantation of a fertilised embryo into a woman’s uterus after the embryo has been fertilized – Alleged violation of the principle of equality as well as the right to self-determination and the conventional right to respect for private and family life

M.L. v. Poland, ECtHR, 40119/21, 14/12/2023
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2023

Prohibition of abortion on grounds of foetal abnormality following amendments introduced by the Constitutional Court, resulting in the applicant travelling abroad for termination - Impugned proceedings directly decisive for applicant’s Art 8 rights - Lack of required foreseeability depriving applicant of the proper safeguards against arbitrariness

Dissenting / Concurring: Krzysztof Wojtyczek, Péter Paczolay / Ivana Jelić, Gilberto Felici, Erik Wennerström

G.M. and Others v. the Republic of Moldova, ECtHR, 44394/15, 22/11/2022
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2022

Ineffective investigation into allegations of forced abortions and forced contraception after rape by a doctor in a neuropsychiatric residential asylum of three intellectually disabled applicants with legal capacity - Respondent State's failure to establish and apply effectively a system protecting intellectually disabled women in psychiatric institutions against serious breaches of their integrity - Inadequate criminal legislation and lack of mechanisms to prevent such abuse

Y.P. v. Russia, ECtHR, 43399/13, 20/09/2022
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2022

Sterilisation without consent not reaching a requisite threshold of severity in case circumstances - Decision made in context of unexpected and urgent situation, after thorough consideration by a medical panel, and driven by genuine concerns for health and safety - Failure of doctors to seek and obtain express, free and informed consent for sterilisation, as required by domestic law

Dissenting / Concurring: Georgios A. Serghides, Darian Pavli / María Elósegui

221/2019, CC, 18/06/2019
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2019

Assisted Reproductive Technologies - Ban on same-sex couples and penalties for non-compliance - Alleged infringement of the fundamental right to parenthood in same-sex couples, unequal treatment on the basis of sexual orientation and economic conditions, violation of maternity protection, human dignity and the right to health, as well as the right to respect for private and family life and the prohibition of discrimination provided for by the ECHR and other international sources

Csoma v. Romania, ECtHR, 8759/05, 15/01/2013
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2013

The applicant had her pregnancy terminated due to the fetus being diagnosed with hydrocephalus - Following complications from the treatment to induce abortion, her doctor had to remove her uterus and ovaries to save her life, leaving her permanently unable to bear children -  The Court concluded that the applicant's right to private life was infringed by not involving her in the choice of medical treatment or informing her of the risks, and the State failed to provide a system for redress, thus violating Article 8

I.G. and Others v. Slovakia, ECtHR, 15966/04, 13/11/2012
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2012

Violation of Article 3 (treatment and investigation) and Article 8 - The case concerned three women of Roma origin who complained in particular that they had been sterilised without their full and informed consent, that the authorities’ ensuing investigation into their sterilisation had not been thorough, fair or effective and that their ethnic origin had played a decisive role in their sterilisation

N.B. v. Slovakia, ECtHR, 29518/10, 12/06/2012
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2012

The applicant claimed she suffered inhumane and degrading treatment, negative impacts on her private and family life, and discrimination based on sex and ethnic origin due to the lack of effective anti-discrimination laws in Slovakia at the time of her sterilization - The Court held that the applicant's rights under Article 3 were violated, and that the State's failure to provide sufficient legal protections for the reproductive health of Roma women violated Article 8.

P. and S. v. Poland, ECtHR, 57375/08, 30/10/2012
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2012

Violation of Article 8 (Disclosure of information by public hospital about a pregnant minor who was seeking an abortion after being raped; Medical authorities’ failure to provide timely and unhindered access to lawful abortion to a minor who had become pregnant as a result of rape) - Violation of Article 5 (Placement of pregnant minor in juvenile shelter to prevent her from seeking abortion following rape) - Violation of Article 3 (Harassment of minor by anti-abortion activists as a result of authorities’ actions after she had sought an abortion following rape)

Dissenting / Concurring: Vincent A. De Gaetano

V.C. v. SLOVAKIA, ECtHR, 18968/07, 8/11/2011
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2011

The allegation of a Slovak woman of Roma ethnic origin that she had
been the victim of forced sterilisation - A violation of Article 3 (prohibition of inhuman or degrading treatment) - A violation of Article 8 (right to respect for private and family life)

Dissenting / Concurring: Ljiljana Mijović

Nedescu v. Romania, ECtHR, 70035/10, 16/01/2018

The case concerned the couple’s complaint that they had not been able to recover embryos that had been seized by the prosecuting authorities in 2009 and that they had been prevented from having another child - Violation of Article 8 (preventing the applicants from retrieving their embryos as ordered by the High Court of Cassation constituted an interference with their right to respect for their private life)