European Court of Human Rights - V.C. v. Slovakia - Application no. 18968/07

giurisprudenza e prassi internazionale - international case-law and practice

Data – Date :

08/02/2012

Note – Notes:

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”.

Norme penali italiane rilevanti – Relevant italian rules:

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.

Parole chiave – Keywords:

Corte Europea dei Diritti Umani - European Court Of Human Rights, Donne - Woman, Obbligo di Incriminazione Esplicito - Explicit Criminalization Obligation, Trattato - Treaty