Right To Privacy/Family Life

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Abortion on Demand and the European Convention on Human Rights

Director of the European Centre for Law and Justice (ECLJ), Expert at the Council of Europe. This article synthesises a section of a study on “Abortion and the European Convention on Human Rights” that will be published in the coming weeks. The European Court of Human Rights (the Court) has issued several judgments on abortion, especially in recent years since the fundamental ruling of the Grand Chamber in A. B. and C. v. Ireland of 2010. In those cases, the Court found violations of the European Convention on Human Rights (the Convention) in specific situations where the life or the health of the pregnant woman was endangered, or when the pregnancy was the consequence of a rape. The purpose of this article is firstly to identify the rationale of the Court on the matter of abortion, and secondly to observe how it applies to the vast majority of abortions practiced, i.e. “abortion on demand”, also called on request:  abortions that are not justified by a matter of health, life or rape, but by the free…

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European Court Decides Nada v. Switzerland

As announced, the Grand Chamber's judgment in Nada v. Switzerland, no. 10593/08 is available here. I can't blog about it more extensively as I'm in Valencia right now for the ESIL conference, but the gist of the judgment is as a follows: 1) The applicant wins, on relatively narrow grounds under Article 8, and…

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Incest in the European Court

A couple of days ago the European Court of Human Rights decided a strange case, Stübing v Germany (no. 43547/08), judgment. An adult brother and sister engaged in consensual sexual intercourse, a punishable criminal offense in Germany and about a half of other European countries. The brother, applicant in this case, got a prison sentence.

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The Law Lords’ Final Judgments

Yesterday the House of Lords delivered its last judgments as the final court of appeal in England and Wales. For many, many, many years (as with all thing English), the House of Lords had a dual function, sitting as both a part of the legislature and the judiciary. From 1 October this year, the new Supreme Court of the United…

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