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Recent Developments concerning Bioethics within the European Court of Human Rights

JUDGMENTS

Case of A, B, and C v. Ireland
Restrictions on obtaining an abortion in Ireland: violation of Article 8 in respect of the third applicant
Grand Chamber Judgment (Merits and Just Satisfaction) 16/12/2010

S.H. and others v. Austria
Prohibition under domestic law on the use of ova and sperm from donors for in vitro fertilisation: violation, article 14. Judgment (Merits and Just Satisfaction) 01/04/2010

Haas v. Switzerland
Refusal to make medication available to assist suicide of a mental patient
Judgment (Merits and Just Satisfaction) 20/01/2011

C.C. v. Spain (in French only)
Judgment on Merits and Just Satisfaction 06/10/2009

Denis Vasilyev v. Russia
Judgment on Merits and Just Satisfaction 17/12/2009

G.N. and Others v. Italy (in French only)
Judgment on Merits 1/12/2009
Judgment on Just Satisfaction 15/03/2011

Oyal v. Turkey
Judgment on Merits and Just Satisfaction 23/03/2010

C.B v. Romania
Judgment on Merits and Just Satisfaction 20/04/2010

Jasińska v. Poland (in French only)
Suicide of prisoner through overdose of psychotropic drugs prescribed for mental disorders
Judgment on Merits and Just Satisfaction 01/06/2010

Baudoin v. France (in French only)
The applicant, sentenced to 20 years’ imprisonment for murder and attempted murder, was compulsorily admitted to hospital in 1983 on account of his psychiatric problems and violent conduct; since then, he has been in hospital on an almost uninterrupted basis.
Judgment on Merits and Just Satisfaction 18/11/2010

Grori v. Albania Inadequacy of medical treatment provided to high-security prisoner suffering from serious medical condition (violation articles 3, 5 § 1 and 34)
Judgment on Merits and Just Satisfaction 07/07/2009

Codarcea v. Romania (in French only) Absence of means of ensuring reparation for bodily injuries caused by medical error in State hospital (violation article 8)
Judgment on Merits and Just Satisfaction 02/06/2009

K.H and others v. Slovakia (n°32881/04) Former patients prevented from photocopying their medical records (violation article 8) Information note on the Court’s Case-Law n° 118 , April 2009, p.13
Judgment on Merits and Just Satisfaction 28/04/2009

Ghavtadze v. Georgia (in French only) Structural inadequacy of medical care in prisons (violation article 3)
Judgment on Merits and Just Satisfaction 03/03/2009

Kaprykowski v. Poland Inadequate medical care of a prisoner suffering from severe epilepsy who was forced to rely for assistance and emergency medical care on his cellmates: ( violation article 3)
Judgment on Merits and Just Satisfaction 03/02/2009

Poghossian v. Georgia Structural inadequacy of medical care in prisons, in particular as regards the treatment of Hepatitis C: indication of appropriate legislative and other measures (article 46)
Judgment on Merits and Just Satisfaction 06/10/2009

Slawomir Musial v.Poland Inadequate medical care and conditions of detention of remand prisoner suffering from serious mental disorders: (violation article 3) State required to secure applicant’s transfer to a specialised institution and, generally, to secure appropriate conditions of detention for prisoners in need of special care (article 46)
Judgment on Merits and Just Satisfaction 20/01/2009

Schlumpf v. Switzerland Refusal to hear expert evidence in case concerning liability for medical costs incurred in connection with sex-change operation: (violation article 6) Lack of public hearing in case concerning liability for medical costs incurred in connection with sex-change operation: ( violation article 6) Balancing of competing interests of applicant and her insurers in case concerning liability for medical costs incurred in connection with a sex-change operation: (violation article 8)
Judgment on Merits and Just Satisfaction 08/01/2009

Filiz Uyan v.Turkey Applicant taken for gynaecological exam handcuffed and with three male security officers present in the consultation room (violation article 13)
Judgment on Merits and Just Satisfaction 08/01/2009

Gulub Atanasov v. Bulgaria Transfer to a psychiatric hospital of a person under house arrest without the requisite court order (violation article 5)
Judgment on Merits and Just Satisfaction 06/11/2008

Dzieciak v.Poland Inadequate medical treatment during pre-trial detention and failure to investigate (violation article 2)
Judgment on Merits and Just Satisfaction 09/12/2008

COMMUNICATED CASES

Elberte v. Latvia – (n°61243/08) Removal of tissue from deceased without knowledge or consent of family.

Relinquishment in favour of Grand Chamber
Stanev v. Bulgaria – (n°36760/06) Lawfulness of placement in a social care home for persons with mental disorders.
Decision 29/06/2010

Referral to Grand Chamber
S.H. and Others v. Austria Prohibition under domestic law on the use of ova and sperm from donors for in vitro fertilisation: violation, article 14.
Judgment on Merits and Just Satisfaction 01/04/2010

DECISIONS
I.L.V. v. Romania Refusal of domestic courts to order mother and child to undergo DNA tests to establish scientific evidence of paternity where that issue had already been judicially determined : inadmissible 24/08/2010.

V.C. v. Slovakia Sterilisation of Roma woman allegedly without her informed consent: admissible 16/06/2009