ECHR Judgment : Right to respect for private and family life : Fourth Section
Art 8 and Art 9 – Private and family life – Manifest religion or belief – Positive obligations – Post-mortem and organ removal for preservation of prematurely born child with rare disease despite mother’s objection – No requirement on Contracting States to grant an absolute right of objection to post-mortems – Domestic authorities’ failure to strike a faire balance between competing interests at stake – Precedence to the interests of science and the health of others – Lack of consideration to applicant’s interest in burying her son in accordance with religious beliefs
Art 8 – Private and family life – Positive obligations – Hospital’s failure to provide mother with sufficient information – Lack of diligence and prudence required in the delicate circumstances – Justified post-mortem to clarify the diagnosis, but no necessity to keep the organs for scientific or other reasons for several weeks or months
12886/16, [2021] ECHR 658
Bailii
European Convention on Human Rights
Human Rights
Updated: 01 August 2021; Ref: scu.666291 br>