Abstract

http://ssrn.com/abstract=2176221
 


 



Judicial Review of Restrictions on Gamete Donation in Europe


Richard F. Storrow


City University of New York School of Law

November 15, 2012

Reproductive Biomedicine Online, Vol. 25, pp. 655-659, 2012

Abstract:     
The decision of S.H. and Others v. Austria vindicates the right of governments to enact restrictions on gamete donation against claims that these restrictions violate the guarantees of the European Convention on Human Rights. Van Hoof and Pennings in this issue predict that legal diversity on the question of gamete donation will persist in the wake of this decision and discuss how the decision itself is insufficiently protective of the private and family interests of individuals who seek reproduction-assisting medical treatment. This commentary discusses the difficult balancing work of the European Court of Human Rights, its questionable expansion of the margin appreciation doctrine in S.H. and Others v. Austria and how the decision might influence national courts in the future.

Keywords: cross-border reproductive care, European Court of Human Rights, gamete donation, judicial review, legislation, margin of appreciation, patients’ rights, proportionality, reproductive tourism, S.H. and Others v. Austria

Accepted Paper Series





Not Available For Download

Date posted: November 17, 2012  

Suggested Citation

Storrow, Richard F., Judicial Review of Restrictions on Gamete Donation in Europe (November 15, 2012). Reproductive Biomedicine Online, Vol. 25, pp. 655-659, 2012. Available at SSRN: http://ssrn.com/abstract=2176221

Contact Information

Richard F. Storrow (Contact Author)
City University of New York School of Law ( email )
2 Court Square
Long Island City, NY 11101-4356
United States
(718) 340-4538 (Phone)
HOME PAGE: http://www.law.cuny.edu/faculty/directory/storrow.html
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