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

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

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

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

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

27539, CSC, 30/01/2019
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2019

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