European Legal Studies

ECtHR judgment regarding sperm and ova donation for in vitro fertilisation

On 3 November 2011 the Grand Chamber of the European Court of Human Rights (ECtHR) ruled that Austria's ban on using sperm and ova donation for in vitro fertilisation was no violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. However, the Court underlined that due to the dynamic development of artificial procreation member states had to keep their respective legislation under review.

Since Germany bans ova donation for in vitro fertilisation as well, this judgment is also important for Germany. Marten Breuer made clear in the interview that the Court stressed the dynamic development of this field of law and therefore could come to a different conclusion in the future.

The ECtHR in Strasbourg deals since 1959 with alleged violations of the European Convention of Human Rights 1950.

Link to ZDF-Mediathek (Interview Marten Breuer, German)
Press release of the ECHR S.H. and Others v. Austria (pdf-document, English)

 



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