DignITA Database

DATA: 05/07/2012

STRUMENTI CORRELATI:

Cass. Pen, Sez. V, n. 38085/2012, C.G. e altri

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DATA: 08/02/2012

STRUMENTI CORRELATI:

NOTE:

Ruling:

The ECHR holds unanimously that there has been a substantive violation of Article 3 of the Convention. However, it holds that there has been no procedural violation of the same article. The Court also concluded that there was a violation of Article 8, which guarantees the right to respect for private and family life. It determined that a separate examination of the complaint under Article 12 was not necessary, and that there was no violation of Article 13, which concerns the right to an effective remedy. By six votes to one, the Court decided that no separate examination was needed under Article 14, which deals with non-discrimination.

Reference to obligations of criminalization:

Relevant provisions providing obligations of criminalization are:

Art. 1 of the Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Medicine.
Arts. 12, 16 of the UN Convention on the Elimination of All Forms of Discrimination against Women.

Reference to human dignity:

Paragraph 105: “Finally, the Court reiterates that the very essence of the Convention is respect for human dignity and human freedom. It has held that in the sphere of medical assistance, even where the refusal to accept a particular treatment might lead to a fatal outcome, the imposition of medical treatment without the consent of a mentally competent adult patient would interfere with his or her right to physical integrity”.

DATA: 22/11/2011

STRUMENTI CORRELATI:

NOTE:

Paragrafi operativi 5, 14, 15, 17, 18, 21, 24

DATA: 02/11/2011

STRUMENTI CORRELATI:

Legge n. 157 del 23 ottobre 2009

NOTE:

Art. 17

DATA: 24/10/2011

STRUMENTI CORRELATI:

NOTE:

Paragrafi operativi 5, 6, 9, 10, 11

DATA: 11/04/2011

STRUMENTI CORRELATI:

NOTE:

Paragrafi operativi 8, 11, 13, 14, 15, 16, 17, 18, 20

DATA: 23/12/2010

STRUMENTI CORRELATI:

Legge 29 luglio 2015, n. 131

NOTE:

Art. 4

DATA: 23/12/2010

STRUMENTI CORRELATI:

Implementing Law No. 131/2015

NOTE:

Art. 4

DATA: 01/06/2010

STRUMENTI CORRELATI:

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Ruling:

For these reasons, the Court, unanimously, […] Holds by eleven votes to six that there has been a violation of Article 3 of the Convention;

Reference to obligations of criminalization:

Paragraph 117. As regards the requirement of a thorough and effective investigation, the Court reiterates that where an individual raises an arguable claim that he has been seriously ill-treated by the police or other such agents of the State unlawfully and in breach of Article 3, that provision, read in conjunction with the State’s general duty under Article 1 of the Convention to “secure to everyone within their jurisdiction the rights and freedoms defined in … [the] Convention”, requires by implication that there should be an effective official investigation. Such an investigation, as with one under Article 2, should be capable of leading to the identification and punishment of those responsible (see, inter alia, Assenov and Others, cited above, § 102; Labita, cited above, § 131; Çamdereli, cited above, §§ 36-37; and Vladimir Romanov, cited above, § 81). For an investigation to be effective in practice it is a prerequisite that the State has enacted criminal-law provisions penalising practices that are contrary to Article 3 (compare, mutatis mutandis, M.C. v. Bulgaria, no. 39272/98, §§ 150, 153 and 166, ECHR 2003-XII; Nikolova and Velichkova, cited above, § 57; and Çamdereli, cited above, § 38).

Reference to human dignity:

Several references to human dignity (paras 40, 48, 56-57, 120, 145). However, all of these reflect the reasoning of Germany’s Federal Constitutional Court rather than that of the ECHR.

DATA: 27/04/2010

STRUMENTI CORRELATI:

NOTE:

Paragrafo operativo 2