G.H. v. HUNGARY - 54041/14 (Court (Second Section)) [2015] ECHR 599 (09 June 2015)

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

  1. 1 Whether the applicant was subjected to forced sterilisation in violation of Article 3
  2. 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