The Council of Europe's Department for the Execution of Judgments of the European Court of Human Rights has just issued a new thematic factsheet on how judgments of the Court have helped to protect and advance reproductive rights.
Here is a brief description:
'Under the European Court’s case law, the notion of “private life” within the meaning of Article 8 (right to respect for private and family life) of the European Convention on Human Rights incorporates the right to respect for both the decisions to become and not to become a parent. Thus, the European Court addresses under Article 8 issues related to the protection of reproductive rights, such as prenatal medical tests, medically assisted procreation, access to abortion, sterilisation procedures and protection of medical data. In some cases, the Court also examined issues related to the protection of reproductive rights under other Articles, such as Article 3 (the prohibition of torture or inhuman or degrading treatment or punishment), Article 6 (regarding the right of access to a court), Article 10 (freedom of expression), Article 14 (prohibition of discrimination), or Article 1 Protocol No. 1 (protection of property).
Under the European Court’s case law, the notion of “private life” within the meaning of Article 8 (right to respect for private and family life) of the European Convention on Human Rights incorporates the right to respect for both the decisions to become and not to become a parent. Thus, the European Court addresses under Article 8 issues related to the protection of reproductive rights, such as prenatal medical tests, medically assisted procreation, access to abortion, sterilisation procedures and protection of medical data. In some cases, the Court also examined issues related to the protection of reproductive rights under other Articles, such as Article 3 (the prohibition of torture or inhuman or degrading treatment or punishment), Article 6 (regarding the right of access to a court), Article 10 (freedom of expression), Article 14 (prohibition of discrimination), or Article 1 Protocol No. 1 (protection of property).
The present factsheet provides examples of general and individual measures reported by States in the context of the execution of the European Court’s judgments, concerning the: protection of mothers against discrimination, access to medically assisted procreation, regulation of home births, recognition of parent-child relationship in cases of surrogate motherhood, access to lawful abortion and to information on abortion, non-consented sterilisation, protection of personal data and access to medical records, and other issues.'