Callamand v. France, ECtHR, 2338/20, 07/04/2022
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2022

Rejection of the applicant’s request for contact rights with her former spouse’s child, who had been conceived by medically assisted procreation - Violation of Article 8 (right to respect for private and family life)

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

K.K. and Others v. Denmark, ECtHR, 25212/21, 06/12/2022
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2022

Refusal to allow adoption of children born abroad via surrogacy by wife of their genetic father, despite no other possibilities of recognition of a legal parent-child relationship - No obstacles to enjoying family life by children born abroad via surrogacy and their genetic father’s wife, who was granted joint custody but not adoption

S.F.K. v. Russia, ECtHR, 5578/12, 11/10/2022
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2022

Article 3 (substantive and procedural) - Abortion performed at a public hospital in breach of medical standards and against the will of a vulnerable young adult coerced by her parents

Dissenting / Concurring: Peeter Roosma, Mikhail Lobov

Y.P. v. Russia, ECtHR, 43399/13, 20/9/2022
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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

27114, CSC, 06/10/2021
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2021

Right to conscious and responsible procreation and self-determination - Termination of pregnancy permissible only in cases provided for by law where there is a danger to pregnant woman’s health or life - The mere existence of malformations of the foetus not affecting woman’s life or health does not permit access to abortion

32/2021, CC, 28/01/2021
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2021

Status of child born (in Italy) through recourse to heterologous medically assisted reproduction (MAP), carried out by a female couple – Possibility of granting the status of child recognised also by the intentional mother, where the conditions for ‘‘adoption in special cases’’ are not fulfilled even though the courts have established that such recognition would be in the interests of the child

Manuela et al. v. El Salvador, IACtHR, Series C No. 441, 2/11/2021

Criminalization of an economically disadvantaged and illiterate woman living in a rural context having suffered obstetric emergency resulting in miscarriage - Arrest, detention during the proceedings and conviction for aggravated homicide to the detriment of her still-born child found by the police in her house - Violation of the right to freedom from arbitrary detention and to the presumption of innocence - Ineffective investigations based on gender stereotypes and preconceptions rather than concrete evidence related to the intersectional axes of discrimination concerning her gender, geogr

Dissenting / Concurring: Vio Grossi / Sierra Porto / Zaffaroni / Pérez Manrique

S.-H. v. Poland, ECtHR, 56846/15, 56849/15, 16/11/2021
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2021

Inability to obtain Polish nationality by descent by children born through surrogacy in USA to same-sex couple and residing in Israel, where legal parent-child link is recognised - inadmissible

13881, CSC, 06/07/2020
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2020

Violation of women’s right to self-determination relating to termination of pregnancy – Compensation for so-called ‘damage from unwanted birth’ due to a doctor's error Requirements to perform therapeutic abortion – Failure to inform of possible foetus’ malformations