Obstetric Violence: Sterilisation without Consent. The Case of Y.P. v. Russian Federation

André den Exter*

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

27 Downloads (Pure)

Abstract

On 20 September 2022, the European Court of Human Rights (ECtHR) delivered its judgment in a remarkable case on sterilisation without the patient’s consent, Y.P. v Russian Federation (ECtHR, application no. 43399/13, 20 September 2022). According to the Court, there is no inhuman and degrading treatment, but it was a justified medical procedure. However, the Court did conclude a violation of the right to private life, under Article 8 ECHR. This outcome is at odds with an earlier sterilisation case without consent, V.C. v Slovakia (V.C. v. Slovakia, ECtHR application no. 18968/07, 8 November 2011). The question is how both rulings can be understood, especially the legal consideration regarding the prohibition of torture. After all, both cases lacked the patient’s consent.

Original languageEnglish
Pages (from-to)551-560
Number of pages10
JournalEuropean Journal of Health Law
Volume30
Issue number5
Early online date2 Jun 2023
DOIs
Publication statusPublished - 2023

Bibliographical note

Publisher Copyright:
© 2023 Brill Nijhoff. All rights reserved.

Fingerprint

Dive into the research topics of 'Obstetric Violence: Sterilisation without Consent. The Case of Y.P. v. Russian Federation'. Together they form a unique fingerprint.

Cite this