V.C. v. SLOVAKIA - 18968/07 [2011] ECHR 1888 (8 November 2011)

V.C. v. SLOVAKIA - 18968/07 [2011] ECHR 1888 (8 November 2011)

The Court found that the applicant's sterilisation was performed without her full and informed consent, in violation of her right to respect for private and family life and bodily integrity under Article 8. The circumstances, including the timing and lack of adequate information, amounted to inhuman and degrading treatment under Article 3. The Court also found that the applicant did not have access to an effective remedy, violating Article 13. The evidence did not establish a violation of Article 14 (discrimination) in this individual case.

Citation
[2011] ECHR 1888
Parties
Applicant: V. C.; Respondent: Slovak Republic
Jurisdiction
European Union
Judgment Date
08 November 2011
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Judgment on Merits by Chamber of the European Court of Human Rights
Outcome
Application allowed in part; violations found of Articles 3, 8, and 13; no violation of Article 14.
Legal Topics
Informed Consent, Forced Sterilisation, Right to Private and Family Life, Prohibition of Inhuman or Degrading Treatment, Discrimination, Access to Justice
Human Rights Law Medical Law Civil Law Informed Consent Forced Sterilisation Right to Private and Family Life Prohibition of Inhuman or Degrading Treatment Discrimination +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

V. C.

Applicant

Slovak Republic

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Judgment on Merits by Chamber of the European Court of Human Rights

Legal Issues

  1. 1 Whether the applicant's sterilisation without full and informed consent constituted inhuman and degrading treatment under Article 3 of the Convention
  2. 2 Whether there was a violation of the applicant's right to respect for private and family life under Article 8
  3. 3 Whether the applicant was discriminated against on the basis of ethnic origin under Article 14

Ratio Decidendi

The Court found that the applicant's sterilisation was performed without her full and informed consent, in violation of her right to respect for private and family life and bodily integrity under Article 8. The circumstances, including the timing and lack of adequate information, amounted to inhuman and degrading treatment under Article 3. The Court also found that the applicant did not have access to an effective remedy, violating Article 13. The evidence did not establish a violation of Article 14 (discrimination) in this individual case.

Court Disposition

Application allowed in part; violations found of Articles 3, 8, and 13; no violation of Article 14.

Orders

  • Respondent State to pay the applicant EUR 31,000 in respect of non-pecuniary damage within three months.
  • Respondent State to pay EUR 12,000 for costs and expenses.