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

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

I.V. v. Bolivia, IACtHR, Series C No. 329, 30/11/2016
COURT: 
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2016

Forced sterilization of an immigrant woman from Peru during a caesarean section without her prior and informed consent - Court's recognition of the impact of gendered power relations on dignity, suffering, health and the enjoyment of women's sexual and reproductive rights - Discrimination in access to health affects women’s freedom to decide freely on their bodies and their reproductive health - Violation of the right to non-discrimination, to personal freedom and integrity, dignity, private and family life, access to information and founding a family

Dissenting / Concurring: Ferrer Mac-Gregor Poisot

Csoma v. Romania, ECtHR, 8759/05, 15/01/2013
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2013

The applicant had her pregnancy terminated due to the fetus being diagnosed with hydrocephalus - Following complications from the treatment to induce abortion, her doctor had to remove her uterus and ovaries to save her life, leaving her permanently unable to bear children -  The Court concluded that the applicant's right to private life was infringed by not involving her in the choice of medical treatment or informing her of the risks, and the State failed to provide a system for redress, thus violating Article 8

I.G. and Others v. Slovakia, ECtHR, 15966/04, 13/11/2012
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2012

Violation of Article 3 (treatment and investigation) and Article 8 - The case concerned three women of Roma origin who complained in particular that they had been sterilised without their full and informed consent, that the authorities’ ensuing investigation into their sterilisation had not been thorough, fair or effective and that their ethnic origin had played a decisive role in their sterilisation

N.B. v. Slovakia, ECtHR, 29518/10, 12/06/2012
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2012

The applicant claimed she suffered inhumane and degrading treatment, negative impacts on her private and family life, and discrimination based on sex and ethnic origin due to the lack of effective anti-discrimination laws in Slovakia at the time of her sterilization - The Court held that the applicant's rights under Article 3 were violated, and that the State's failure to provide sufficient legal protections for the reproductive health of Roma women violated Article 8

V.C. v. SLOVAKIA, ECtHR, 18968/07, 8/11/2011
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2011

The allegation of a Slovak woman of Roma ethnic origin that she had
been the victim of forced sterilisation - A violation of Article 3 (prohibition of inhuman or degrading treatment) - A violation of Article 8 (right to respect for private and family life)

Dissenting / Concurring: Ljiljana Mijović

K.H. and Others v. Slovakia, ECtHR, 32881/04, 28/04/2009
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2009

Former patients prevented from photocopying their medical records - Applicants’ inability to effectively present their case due to authorities’ refusal to grant them access to decisive evidence - Violation of Article 8 (Respect for family life/Respect for private life) and 6 (Access to court)

Dissenting / Concurring: Ján Šikuta