Judicial Review of Restrictions on Gamete Donation in Europe
Reproductive Biomedicine Online, Vol. 25, pp. 655-659, 2012
Posted: 17 Nov 2012
Date Written: November 15, 2012
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
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