Recently the European Court of Human Rights (“Court”) delivered a decision in the case Paradiso and Campanelli v. Italy. The applicants - who were Italian nationals - after unsuccessful in vitro fertilisation treatments decided to try resorting to assisted reproduction techniques and to a surrogate mother in Russia. The child was born in Moscow in 2011 and arrived to Italy a few months later. The Italian authorities refused to register the Russian birth certificate and the child was removed from the applicants. The Court reduced its analysis to the notion of “private life”, inherent in the Article 8 of the European Convention. What is really striking with the reasoning is the omission of the Court to recognize the relevance of the international law instruments designed against human trafficking.
Blogsite of the Institute for Legal Studies
A(z) "European Convention of Human Rights" címkével jelölt bejegyzések:
Keeping separate what belongs together? Opinion 2/13 of the EU Court of Justice on the accession of the European Union to the European Convention of Human Rights
After 1996 (2/94), the Court of Justice was again given the opportunity to make a legal assessment of the accession of the European Union to the European Convention on Human Rights. Although under Article 6(2) TEU the constitutional basis of the accession has fundamentally changed, the Court of Justice again decided against the legal permissibility of the accession. On the basis of the numerous substantive and legal hiatuses found by the Court of Justice, it was the legal preparation of the accession which suffered from serious deficits.
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