V.C. v Slovakia - 18968/07 [2009] ECHR 1101 (16 June 2009)

V.C. v Slovakia - 18968/07 [2009] ECHR 1101 (16 June 2009)

The applicant did all that could reasonably be expected to exhaust domestic remedies by pursuing civil and constitutional proceedings. The complaints under Articles 3, 8, and 12 raise serious issues of fact and law requiring examination of the merits and are not manifestly ill-founded. The Government's objection on non-exhaustion is rejected.

Citation
[2009] ECHR 1101
Parties
Applicant: V. C.; Respondent: Slovak Government
Jurisdiction
European Union
Judgment Date
16 June 2009
Procedural Posture
Application to the European Court of Human Rights / Decision on Admissibility
Outcome
Application declared admissible as to Articles 3, 8, and 12; Government's objection on exhaustion of domestic remedies dismissed.
Legal Topics
Informed Consent, Forced Sterilisation, Right to Private and Family Life, Right to Found a Family, Discrimination on Grounds of Race and Sex, Effective Remedy
Human Rights Law Medical Law Anti Discrimination Law Informed Consent Forced Sterilisation Right to Private and Family Life Right to Found a Family Discrimination on Grounds of Race and Sex +1 more

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Parties

V. C.

Applicant

Slovak Government

Respondent

Procedural Posture

Application to the European Court of Human Rights / Decision on Admissibility

Legal Issues

  1. 1 Whether the applicant was subjected to inhuman and degrading treatment contrary to Article 3 of the Convention due to sterilisation without full and informed consent.
  2. 2 Whether the applicant's right to respect for private and family life under Article 8 was violated by the sterilisation.
  3. 3 Whether the applicant's right to found a family under Article 12 was breached.

Ratio Decidendi

The applicant did all that could reasonably be expected to exhaust domestic remedies by pursuing civil and constitutional proceedings. The complaints under Articles 3, 8, and 12 raise serious issues of fact and law requiring examination of the merits and are not manifestly ill-founded. The Government's objection on non-exhaustion is rejected.

Court Disposition

Application declared admissible as to Articles 3, 8, and 12; Government's objection on exhaustion of domestic remedies dismissed.