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)
Contents for term
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)
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
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
Article 8 (Private and family life) - Refusal of couple’s request for a self-funded second homologous in vitro fertilisation procedure, on the basis of the wife’s age, not in accordance with a law of sufficient quality
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
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
Registration in Italy of child’s - conceived through recourse to heterologous medically assisted reproduction - foreign birth certificate – Italian intentional mother and foreign biological mother – Parent’s gender identity cannot justify deterrent treatment of child
Same-sex couple - Refusal of the civil registrar to name in child’s birth certificate also the intended mother
Prohibition on correction of the birth certificate of a child born in Italy but conceived through recourse, by two women, to heterologous procreation abroad - Prohibition on naming in the birth certificate also the intended mother
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
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
Discrimination on grounds of pregnancy or maternity constitutes a special example of gender-based discrimination - Non-renewal of the fixed-term contract of a pregnant worker - Refusal to appoint a pregnant woman or firing her because of her pregnancy or maternity status constitute a direct discrimination on grounds of sex
Possibility of voluntary termination of pregnancy - Requirements to perform therapeutic abortion - Failure to inform of possible foetus’ malformations
Article 14 (+ Article 1 P1) - Unjustified, direct sex discrimination owing to refusal of employment-related benefit to pregnant woman who underwent in vitro fertilisation shortly before employment
Dissenting / Concurring: Krzysztof Wojtyczek
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
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
Medically assisted reproduction – Alleged unequal treatment with respect to the use of heterologous medically assisted fertilisation, and violation of the principles of individual responsibility, social solidarity and protection of the personal identity of the child
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
Conscientious objection - Voluntary termination of pregnancy - Pharmacological abortion
Recognition of humanitarian and international protection - Pregnant women are vulnerable - Verification of the applicant's ‘vulnerable’ status for the purposes of granting a residence permit for humanitarian reasons