At least two lawsuits filed at a top European court claim Russia violated Europe's Human Rights Convention by removing organs from the recently dead without telling relatives.
The European Court of Human Rights found a violation of the Article 8 right of an HIV-positive opthalmic nurse whose electronic health records were accessed by her colleagues (who were not involved in her medical care), after which her employment contract was not renewed.
In September 2008, the European Court of Human Rights and Fundamental Freedoms (ECtHR) upheld a breach of Article 13 of the European Convention of Human Rights (ECHR), in that the UK failed to provide RK and AK with an effective legal remedy for the removal of their child from their care as a result of medical misdiagnosis. The case throws into focus the approach the domestic UK courts have on the rights of third parties, in particular, the rights of parents where their children are subjected to negligent medical treatment.
In Tysiac v. Poland (2007) the Strasbourg Court ruled in favour of the applicant (who had been denied access to a lawful therapeutic abortion), finding that Poland had failed to comply with its positive obligations to safeguard the applicant's right to effective respect for her private life under Article 8. Exploring this controversial judgment, the author assesses the claim that Tysiac marks a 'radical shift' on the part of the Court in creating a 'right to abortion'. The author argues that while Tysiac makes an important addition to abortion jurisprudence, the notion it founds such a 'right' greatly overstates the legal significance of this case.
Women in the Irish Republic will have to be given the means to access legal abortions there if their lives are at risk, the European Court of Human Rights has ruled in a landmark judgment. The ruling, by the grand chamber of the Strasbourg court, can not be appealed and will require Ireland to legislate or otherwise set up a framework to decide whether there is a “real and substantial risk” to a woman’s life if she goes ahead with her pregnancy. The court held that the human rights of a woman with a rare cancer were violated when she was obliged to travel to the United Kingdom for an abortion and awarded her €15 000 (£12 700; $19 800) in compensation.
Today, the Court decided in the case of Haas v. Switzerland (judgment in French only) that the right to private life is not violated when a state refuses to help a person who wishes to commit suicide by enabling that person to obtain a lethal substance. The applicant in the case, Ernst Haas, had for two decades been suffering from a serious bipolar affective disorder (more commonly known as manic depression). During that time he attempted to commit suicide twice. Later, he tried to obtain a medical prescription for a small amount of sodium pentobarbital, which would have allowed him to end his life without ain or suffering. Not a single psychiatrist, of the around 170 (sic!) he approached, was willing to give him such a prescription. This would have been necessary, under Swiss law, which allowed for assisted suicide if it was not done for selfish motives (in the opposite case, the person assiting could be prosecuted under the criminal code).
In the case of V.C. v. Slovakia the Court found a violation of the prohibition of inhuman or degrading treatment and of the right to respect for private and family life concerning the sterilisation of a young Slovakian woman of Roma origin.
Last week, the European Court of Human Rights decided in the case of Haas v. Switzerland (judgment in French only) that the right to private life is not violated when a state refuses to help a person who wishes to commit suicide by enabling that person to obtain a lethal substance. The applicant in the case, Ernst Haas, had for two decades been suffering from a serious bipolar affective disorder (more commonly known as manic depression). During that time he attempted to commit suicide twice. Later, he tried to obtain a medical prescription for a small amount of sodium pentobarbital, which would have allowed him to end his life without ain or suffering. Not a single psychiatrist, of the around 170 (sic!) he approached, was willing to give him such a prescription. This would have been necessary, under Swiss law, which allowed for assisted suicide if it was not done for selfish motives (in the opposite case, the person assisting could be prosecuted under the criminal code).
Decision due on whether man with 'locked-in syndrome' can proceed with his case to allow a doctor to end his life A high court judge is to rule on whether a case brought by a man with "locked-in syndrome" who wants his "suffering to end" should be allowed to proceed. Mr Justice Charles, sitting in London, has been asked to decide on an application by the Ministry of Justice that Tony Nicklinson's action should be struck out.
The Claimant seeks three declarations, namely: i) A declaration that it would not be unlawful, on the grounds of necessity, for Mr Nicklinson's GP, or another doctor, to terminate or assist the termination of Mr Nicklinson's life. ii) Further or alternatively, a declaration that the current law of murder and/or of assisted suicide is incompatible with Mr Nicklinson's right to respect for private life under Article 8, contrary to sections 1 and 6 Human Rights Act 1998, in so far as it criminalises voluntary active euthanasia and/or assisted suicide. iii) Further or alternatively, a declaration that existing domestic law and practice fail adequately to regulate the practice of active euthanasia (both voluntary and involuntary), in breach of Article 2.
European Court judges in Strasbourg have ruled against Germany in an assisted suicide case, saying a widower's rights were infringed. Ulrich Koch challenged the German ban on actively helping someone commit suicide. His paralysed wife died after taking poison in Switzerland in 2005. The judges did not rule on the ban, but said the German courts should have examined Mr Koch's complaint. On assisted suicide, the judges said it was up to individual nations to decide. The European Court of Human Rights (ECHR) ordered Germany to pay Mr Koch 2,500 euros (£1,600; $2,460) in damages and 26,736 euros for legal costs. There was a violation of Article Eight of the European Convention on Human Rights (right to respect for private and family life) because of the German courts' refusal to examine the merits of Mr Koch's complaint, the ruling said.
Tony Nicklinson, paralysed below the neck and unable to speak, cannot have a doctor end his life, court rules Two victims of locked-in syndrome, including Tony Nicklinson who has sought to be able to end his "dull, miserable, demeaning, undignified and intolerable" life, have lost their high court battle to die with medical help.
The Divisional Court's judgment in the cases of Tony Nicklinson and 'Martin' is awash with statements that it is for parliament alone to legalise assisted dying. However, there is little appetite for statutory legalisation in Westminster. Meanwhile, Tony and Martin are condemned to live against their wishes.