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

23527, CSC, 02/08/2023
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2023

Rejection of the registration in Italy of the birth certificate of a child – conceived through recourse to heterologous medically assisted reproduction and born in Italy - naming the intended parent as the child's parent - The legislator has restricted access to heterologous medically assisted reproduction to situations of pathological infertility, which does not include same-sex couples

A.M. and Others v. Poland, ECtHR, 4188/21, 16/05/2023
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2023

The applicants alleged in particular that, following amendments to the legislative framework in 2020, they have effectively been banned from having access to legal abortion in the case of foetal abnormalities - inadmissible

Gauvin-Fournis and Silliau v. France, ECtHR, 21424/16, 45728/17, 07/09/2023
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2023

Refusal to allow persons born through medically assisted reproduction involving a third-party donor to access information about that donor, under the rule guaranteeing anonymity in gamete donations - No violation

Dissenting / Concurring: Georges Ravarani, Stéphanie Mourou-Vikström, Mykola Gnatovsky

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

Brítez Arce et al. v. Argentina, IACtHR, Serie C No. 474, 16/11/2022

Obstetric violence as a form of gender-based violence - States' obligation to prevent, punish and refrain from practicing obstetric violence as well as to provide adequate, specialized and differentiated health services during pregnancy, childbirth and after childbirth to guarantee the mother's right to health

Dissenting / Concurring: Sierra Porto / Pérez Goldberg

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