Registration in Italy of the birth certificate of a child who is a foreign national – Possibility of two persons of the same sex being recognised as parents where parentage is established under the foreign law applicable
Contents for term
Registration in Italy of the birth certificate of a child who is a foreign national – Possibility of two persons of the same sex being recognised as parents where parentage is established under the foreign law applicable
Registration in Italy of the birth certificate of a child who is a foreign national – Possibility of two persons of the same sex being recognised as parents where parentage is established under the foreign law applicable
Explantation of oocytes from the ovaries of a sedated and coerced woman - Non-consensual procurement of oocytes by medical personnel constitutes robbery
Medically assisted procreation – Refusal of the civil registrar to name the intended mother together with the biological mother
Refusal of the civil registrar to name in child’s birth certificate both women as mothers - Child conceived by medically assisted heterologous procreation and born abroad
Medically assisted reproduction, post-mortem homologous fertilization – Birth certificate establishing the paternity of the deceased father - Consent is decisive for the attribution of parenthood
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
Obstetric violence – Obstetrician’s carelessness, negligence and inexperience cause the death of the delivered foetus – Foetus’ death by perinatal asphyxia may be classified as manslaughter or miscarriage depending on the onset of labour and the achievement of foetal autonomy
Heterologous medically assisted procreation – Commodification of assisted procreation - Production and circulation of gametes for a fee contrary to the principles of free and voluntary donation of human tissues and cells
Negligent termination of pregnancy and manslaughter - Medical liability
Social policy, directive 2006/54/EC, equal treatment of men and women, access to employment and working conditions — Rejection of a candidate due to her pregnancy — Employee intervening in favour of that candidate, dismissal of that employee
Judge Rapporteur: A. Prechal
The applicants complained that Lithuanian law dissuaded healthcare professionals from assisting in home births - No violation of Article 8
Dissenting / Concurring: Julia Laffranque
Refusal to allow a deceased man’s sperm to be exported at the request of a parent wishing to become a grandparent or continue the family line - inadmissible
Possibility of voluntary termination of pregnancy - Failure to inform of possible foetus’ malformations
Compensation for so-called ‘damage from unwanted birth’ due to a doctor's error - Erroneous performance of pregnancy termination surgery - Violation of parents' freedom of self-determination
Attempted non-consensual termination of pregnancy - Acts unequivocally aimed at terminating the pregnancy in progress by causing injury
Doctor’s criminal liability - Pregnancy at risk and culpable injury caused to the newborn child during delivery - Gynecologist and obstetricians’ possible co-responsibility in overlooking signs of fetal distress
Refusal by the domestic courts to grant the request by two women to delegate parental authority over their respective biological child to their partner - Manifestly ill-founded
A female married couple who had applied for medically assisted reproduction by means of artificial insemination - The application was rejected by a hospital on the grounds that “the Bioethics Law currently in force in France did not authorise such medical provision for same-sex couples” - inadmissible
State's violation of the rights to health, life, personal integrity, judicial process, and non-discrimination of 49 people diagnosed with HIV between 1992 and 2003, and of the right to personal integrity of several family members - State's violation of its duty to provide available, accessible, and quality healthcare