G.H. v. HUNGARY - 54041/14 (Court (Second Section)) [2015] ECHR 599 (09 June 2015)
The applicant gave informed oral consent to sterilisation; the absence of written consent was a procedural irregularity but did not amount to forced sterilisation or inhuman treatment. Adequate redress was provided, and the applicant can no longer claim to be a victim under Article 8.
- Citation
- [2015] ECHR 599
- Parties
- Applicant: G. H.; Respondent: Hungary
- Jurisdiction
- European Union
- Judgment Date
- 09 June 2015
- Procedural Posture
- Application to European Court of Human Rights / Decision on Admissibility
- Outcome
- Application inadmissible
- Legal Topics
- Forced Sterilisation, Informed Consent, Right to Privacy, Right to Self Determination, Reproductive Rights
Case Brief
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Parties
G. H.
Applicant
Hungary
Respondent
Procedural Posture
Application to European Court of Human Rights / Decision on Admissibility
Legal Issues
- 1 Whether the applicant was subjected to forced sterilisation in violation of Article 3
- 2 Whether the absence of written consent constituted an unlawful interference with the applicant's rights under Article 8
Ratio Decidendi
The applicant gave informed oral consent to sterilisation; the absence of written consent was a procedural irregularity but did not amount to forced sterilisation or inhuman treatment. Adequate redress was provided, and the applicant can no longer claim to be a victim under Article 8.
Court Disposition
Application inadmissible
Orders
- Application declared inadmissible under Article 35 § 3(a) and § 4 of the Convention
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